• Terms of Use

 

Atrium Hospitality LP
Terms of Use
Effective Date: 12/21/2015

Acceptance of the Terms of Use

The Website is owned and operated by Atrium Hospitality LP (“Atrium”, “we” or “us”). These Terms of Use set forth the terms and conditions (the “Terms of Use”) that govern your access to and use of http://www.atriumhospitality.com/ (the “Website”).

Please read the Terms of Use carefully before you start using the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you are accepting and agreeing to be bound and abide by these Terms of Use and our Privacy Policy, found at http://www.atriumhospitality.com/privacy/. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

By using this Website, you represent and warrant that you are of legal age to enter into a legally binding contract with Atrium and agree to be bound by the Terms of Use. If you do not meet all of these requirements, you must not access or use the Website.

Note: These Terms of Use apply to this Website only. This Website includes links to other websites, including websites of our service providers. We are not responsible or liable for the content or privacy policies of such other websites.

Changes to the Terms of Use

We may change these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them on the Website, and apply to all access to and use of the Website from and after the date of posting on the Website.

Your continued use of the Website after the posting on the Website of any changes to the Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes.

Access to the Website

We reserve the right to change or discontinue this Website, or any content or information we provide on the Website, in any manner and at any time, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. We may restrict access to some parts of the Website, or the entire Website, from time to time.

Use of Website

You may use the Website for your personal, non-commercial use only.

The content and information on the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of such content or information. Any reliance you place on such content or information is strictly at your own risk. We disclaim all responsibility and liability arising from any reliance placed on such content or information by you or any other visitor to the Website, or by anyone who may be informed of any of its content or information.

This Website may include content and information provided by third parties, including other visitors to the Website, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed on the Website, and all articles and responses to questions and other content or information, other than the content and information provided by Atrium, are solely the opinions and the responsibility of the person or entity providing such content or information, and do not necessarily reflect the opinion of Atrium. We are not responsible or liable to you or any third party for the accuracy, completeness or usefulness any content or information provided by any third parties on the Website.

Intellectual Property Rights

The Website and its entire contents, features and functionality, including trademarks, are owned by Atrium, its licensors or other third-party providers. By using the Website, you agree to not infringe any intellectual property rights of Atrium, its licensors or other third-party providers made available on the Website.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy, which is available at http://www.atriumhospitality.com/privacy/. By using the Website, you are agreeing and consenting to our collection, use and sharing of your information provided to us as described in the Privacy Policy.

Links from the Website

The Website may have links to other websites or content or information provided by third parties, which are provided for your convenience only. We have no control over the website or content or information of such third parties, and accept no responsibility or liability for them or for any liability, damage, loss, cost or expense that may arise from your use of them. If you access any of the third-party websites or content or information linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites and content and information.

DISCLAIMERS

YOU ACKNOWLEDGE AND AGREE THAT: (I) WE CANNOT AND DO NOT REPRESENT, WARRANT OR GUARANTEE THAT CONTENT AVAILABLE FOR DOWNLOADING FROM THE WEBSITE OR WEBSITES OR CONTENT OR INFORMATION LINKED TO THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT SOFTWARE AND PROCEDURES TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE WEBSITE FOR ANY RECONSTRUCTION OF ANY LOST DATA, AND (II) WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LIABILITY, DAMAGE, LOSS, COST OR EXPENSE CAUSED BY ANY DENIAL-OF-SERVICE ATTACK, VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY WEBSITES OR CONTENT OR INFORMATION OBTAINED THROUGH THE WEBSITE, OR DUE TO YOUR DOWNLOADING OF ANY CONTENT OR INFORMATION POSTED ON THE WEBSITE, OR ON ANY OTHER WEBSITES OR CONTENT OR INFORMATION OBTAINED THROUGH THE WEBSITE.

YOU ACKNOWLEDGE AND AGREE THAT: (I) YOUR USE OF THE WEBSITE, ITS CONTENT OR INFORMATION, AND ANY WEBSITES OR CONTENT OR INFORMATION OBTAINED THROUGH THE WEBSITE, IS AT YOUR OWN RISK, (II) THE WEBSITE, ITS CONTENT AND INFORMATION, AND ANY WEBSITES OR CONTENT OR INFORMATION OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND (III) NEITHER ATRIUM NOR ANY PERSON OR ENTITY ACTING FOR OR ON BEHALF OF ATRIUM MAKES ANY REPRESENTATION, WARRANTY OR GUARANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.

WITHOUT LIMITING THE FOREGOING, NEITHER ATRIUM NOR ANYONE ASSOCIATED WITH ATRIUM REPRESENTS, WARRANTS OR GUARANTEES THAT (I) THE WEBSITE, ITS CONTENT OR INFORMATION, ANY WEBSITES OR CONTENT OBTAINED THROUGH THE WEBSITE, WILL BE COMPLETE, ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, (II) DEFECTS WILL BE CORRECTED, (III) THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THE WEBSITE OR ANY WEBSITES OR CONTENT OR INFORMATION OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

ATRIUM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE, EXCEPT TO THE EXTENT THAT ANY SUCH WARRANTIES MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

IN NO EVENT WILL ATRIUM OR ANY AFFILIATE, OR ANY OF THEIR LICENSORS, SERVICE PROVIDERS OR VENDORS, OR ANY TRUSTEES, BENEFICIARIES, DIRECTORS, OFFICERS OR EMPLOYEES OF ANY OF THE FOREGOING, BE RESPONSIBLE OR LIABLE FOR ANY LIABILITY, DAMAGE, LOSS, COST OR EXPENSE OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT OR INFORMATION ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING, BUT NOT LIMTED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, PERSONAL INJURY, PAIN AND SUFFERING OR EMOTIONAL DISTRESS, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, AND WHETHER OR NOT FORESEEABLE, EXCEPT TO THE EXTENT THAT ANY SUCH LIABILITY MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend Atrium and its affiliates, all of their licensors, service providers and vendors, and all trustees, beneficiaries, directors, officers or employees of each of the foregoing, and each of their respective successors and assigns (the “Indemnified Parties”), from and against any claims, law suits, arbitrations or other legal proceedings, and you agree to indemnify and hold harmless each of the Indemnified Parties from any liabilities, damages, losses, judgments, awards, costs, expenses or fees (including reasonable attorneys’ fees), arising from or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content or information, or other websites and content or information obtained through the Website, other than as expressly authorized in these Terms of Use or any terms and conditions of the use of any other websites or content or information obtained through the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute, claim, law suit, arbitration or other legal proceeding arising from or related to the Website and or these Term of Use shall be governed by the laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any claim, law suit, arbitration or other legal proceeding arising from or related to the Website or these Terms of Use shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, although we retain the right to bring any law suit, arbitration or other legal proceeding against you for any violation of these Terms of Use in your country of residence or any other relevant country. You waive all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver by Atrium of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Atrium to assert a right or remedy or enforce any term or condition under these Terms of Use shall not constitute a waiver of such right, remedy, term or condition.

If any term or provision of these Terms of Use is held by a court or other tribunal or governmental authority of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such term or provision shall be eliminated or limited to the minimum extent such that the remaining terms and provisions of the Terms of Use will continue in full force and effect.

Your Comments and Concerns

All questions, comments, requests for technical support and other communications relating to the Website or these Terms of Use should be directed to: info@atriumhospitality.com.