Terms and Conditions for Use of this Site
This web site and the related web sites contained herein (collectively, the "Site") make available information on hotels, resorts, and other transient stay facilities (each a "Property") owned, managed or franchised by Starwood Hotels & Resorts Worldwide, Inc. and/or its subsidiaries and affiliates (collectively, "Starwood"), and other travel-related or consumer goods and services. This Site, and the services of each of its modules, are offered exclusively by Starwood and/or its various third party providers and distributors. The offer of such goods and/or services is conditioned on the user's ("User('s)" or "You(r)") acceptance of the terms and conditions and notices set forth herein and on other pages of the Site (collectively the "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, CONDITIONS, AND NOTICES IN THIS SITE ("AGREEMENT") WITHOUT MODIFICATION. IF YOU DO NOT AGREE, PLEASE CEASE USE OF THE SITE AND LEAVE THE SITE IMMEDIATELY.
Use of Site.
The services of this Site are available only to individuals who can form legally binding contracts under applicable law, and thus, are not available to minors. By using this Site, You represent that You are of sufficient legal age to use this Site and to create binding legal obligations for any liability You may incur as a result of the use of this Site. You also warrant that You are legally authorized to make the travel reservations and/or purchases for either Yourself or for another person for whom You are authorized to act.
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 are strictly prohibited unless prior written consent from Starwood has been granted. You agree that You will not use this Site for chain letters, junk mail, "spamming", solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list. In addition, You agree not to create a hypertext link from any web site controlled by You or otherwise, to this Site without the express written permission of Starwood. 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 Starwood or any third party that provides services related to this Site.
"Chat Area" means any chat area, forum, message board, or similar service offered in conjunction with this Site. If You participate in a Chat Area, You agree that, in addition to complying with the Terms, You will not: defame, abuse, harass, threaten, or make any discriminatory statements about others; advocate illegal activity; use indecent, obscene or discourteous language or images; or provide content that is not related to the designated topic or theme of the Chat Area. You shall remain solely responsible and liable for Your use of the Chat Area. Starwood reserves the right to remove or edit content from any Forum at any time and for any reason, however, Starwood has no duty to do so, and is not responsible for the content or accuracy of any information in a Chat Area.
You agree that You will not use any robot, spider, other automatic device or manual process to monitor or copy the Site or any contents or information contained therein, unless You obtain Starwood's prior express written consent. 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 Starwood 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 Starwood or cause Starwood to lose (in whole or in part) the services of our suppliers.
Terms Incorporated by Reference.
In addition to these Terms, You agree to the terms, conditions, and notices specified at the following links, which are hereby incorporated into this Agreement:
1. The terms and conditions of Starwood Online Privacy Statement are found at the following link: http://www.starwoodhotels.com/preferredguest/legal/privacy.html.
2. The terms, conditions, and notices applicable to Starwood's "Best Rate Guarantee" are found at the following link: http://www.starwoodhotels.com/bestrate/terms.html.
3. The terms and conditions, and notices applicable to the Starwood
Preferred Guest program and related web site are found at the following link:
Proprietary Rights Information.
This Site contains and references trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights of Starwood 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 Starwood 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 Starwood trademarks, logos, 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.
The trademarks, logos and service marks and trade dress displayed on this Site (collectively, the "Trademarks") are registered and common law Trademarks of Starwood, its affiliates and various third parties. Starwood, Four Points by Sheraton®, Four Points by Sheraton Four Comfort Bed(sm), Heavenly Bed®, Heavenly Bath®, Heavenly Crib®, Heavenly Shower®, Le Méridien®, Preferred Guest®, Sheraton®, Starpoints®, Starwood®, Sweet Sleeper(sm), The Luxury Collection®, The Phoenician®, The St. Regis®, True Redemption®, W®, W Hotels®. Westin®, and other Starwood logos and product and service names are trademarks of Starwood. Any reproduction or use of any of the contents of this Site without the express written consent of Starwood 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 written permission of Starwood or such other party that may own the Trademarks.
This Site, including each of its modules, is the copyrighted property of Starwood 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 written permission of Starwood, 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 web site or in any environment of networked computers is strictly prohibited.
Any software that is made available to download from this Site ("Software") is the copyrighted work of Starwood and/or its various third party licensors. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless You first agree to the License Agreement terms. Please note that copyright laws and international treaty provisions protect all Software. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted. Without limiting the foregoing, copying or reproduction of the Software for further reproduction or redistribution is expressly prohibited. Any warranty applicable to the Software will be specified in the terms of the License Agreement. You acknowledge that the Software and any accompanying documentation and/or technical information are subject to applicable export control laws and regulations of the U.S.A. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S.A. export restrictions.
By submitting any ideas, comments, suggestions or other information: to a Chat Room; or to Starwood related to improvements to the Site and/or services related to the Site; (collectively, the "Feedback"), You agree that such Feedback shall be deemed, and shall remain, Starwood's property. None of the Feedback shall be subject to any obligation of confidentiality on Starwood's part and Starwood shall not be liable for any use or disclosure of any Feedback. Starwood shall own all rights related to the Feedback (including without limitation intellectual property rights and moral rights) and shall be entitled to use of the Feedback without restriction for any purpose whatsoever, commercial or otherwise, without compensation to You.
You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to provide the proprietary rights to Starwood stated above.
Notice and Procedure for Making Claims of Copyright Infringement
Starwood respects the intellectual property rights of others. If you think that your work has been copied in a manner that constitutes copyright infringement, please provide our copyright agent with the following information:
1. a physical or electronic signature of the person authorized to act on
behalf of the owner of the applicable copyright;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you that your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
Starwood’s copyright agent can be reached as follows:
Starwood Hotels & Resorts Worldwide, Inc.
1111 Westchester Avenue
White Plains, New York 10604
Privacy, Use of Personal Information.
Starwood respects the privacy of Users of this Site. Starwood provides the Starwood Online Privacy Statement so You will be informed about use of information Starwood collects at this Site. You hereby acknowledge and agree that You have read and consent to the terms of the Online Privacy Statement at the following link: http://www.starwood.com/corporate/privacy_policy.html, which is incorporated by reference herein.
When You reserve or purchase travel services through this Site, information that You have provided us about You is provided to the airline, car rental agency, hotel, travel package vendor or other involved third parties to fulfill Your travel arrangements.
In addition, if You are registered as a member of the Starwood Preferred Guest program or the Le Méridien Moment Rewards Program, Starwood may maintain information about You in a preferred guest profile. This Site is designed to minimize the need for You to re-enter such information from the preferred guest profile on the variety of reservation forms that appear when You use the Site. Such information in the preferred guest profile may be used by Starwood to automatically fill in certain forms that appear when You browse this Site for information and reservations, and when You utilize any other sites linked from this Site (such as Air, Car, and More -- SPGVacations; Special Offers; Starwood Weekend Escapes; Starwood Golf; etc.). When You browse, reserve or purchase travel services through such sites, such information may be provided to the applicable vendors or other involved third parties to fulfill Your travel arrangements.
This Site contains links to other web sites that may collect personally identifiable information about You. When You click on one of these links, You are entering another web site for which this Site has no responsibility. We encourage You to read the privacy policies of all such sites, as their policies may be materially different from Starwood's Online Privacy Statement.
In addition to the circumstances described above, Starwood may disclose information if required to do so by law, court order, as requested by other government or law enforcement authority, or in the good faith belief that disclosure is otherwise necessary or advisable including, without limitation, to protect the rights or properties of Starwood when we have reason to believe that disclosing the information is necessary to identify, contact or bring legal action against someone who may be causing interference with our rights or properties, whether intentionally or otherwise, or when anyone else could be harmed by such activities.
You agree that Starwood has no obligation to, but may monitor and review information You transmit over the Site. You agree that Starwood may censor, edit, remove or prohibit the transmission or receipt of any information that Starwood deems inappropriate or in violation of these Terms, and use any such information as necessary to provide the Site and/or to protect the rights or properties of Starwood. You agree that Starwood may also monitor and review stored information without restriction. You hereby acknowledge and consent to such monitoring and reviewing.
You acknowledge that Starwood will know passwords that You use to access the Site. You acknowledge and agree that You are solely responsible for maintaining the confidentiality of Your information and passwords, and accept responsibility for all activities that occur under Your account or password. Starwood takes no responsibility and assumes no liability for any content posted or submitted by You or any users of Your account.
Linked Web Sites
Advertising Disclosure, Accuracy
Product descriptions posted on our product pages are the representations of our suppliers. The Site may contain technical inaccuracies or typographical errors or omissions. Starwood is not responsible for typographical, pricing, product information, advertising or shipping errors. Advertised prices and available quantities are subject to change without notice. Starwood reserves 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 without notice.
Mis-Communications / Lost Transactions
Starwood and any other providers of products or services related to this Site 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, Starwood and any other providers of products or services related to this Site are not responsible for incorrect or inaccurate entry information, whether caused by User(s) or 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. Starwood and any other providers of products or services related to this Site 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 neither Starwood nor any other providers of products or services related to this Site are responsible for any damages that may arise as a result of any travel or hotel arrangements or other orders You request or make on this Site which are not processed or accepted for any reason.
Personal Information, Credit Card Information
YOU AGREE THAT NEITHER STARWOOD NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE ARE RESPONSIBLE OR LIABLE IN ANY WAY FOR INJURY, LOSS OR DAMAGE TO YOUR COMPUTER, OR INTERCEPTION OR USE OF CREDIT CARD INFORMATION OR OTHER PERSONALLY IDENTIFIABLE INFORMATION, RELATED TO OR RESULTING FROM USE OF THE SITE OR ANY SITES LINKED OR ASSOCIATED WITH THIS SITE.
STARWOOD MAKES NO WARRANTY OR REPRESENTATION REGARDING OF CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THIS SITE OR ANY WEB SITE LINKED TO THIS SITE. YOU AGREE THAT NEITHER STARWOOD, NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE, ARE RESPONSIBLE FOR THE CONFIDENTIALITY OF ANY INFORMATION, (INCLUDING WITHOUT LIMITATION CREDIT CARD INFORMATION, PERSONALLY IDENTIFIABLE INFORMATION, EMAIL ADDRESS, PHONE NUMBER, ETC.), AND NEITHER STARWOOD, NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE, ARE RESPONSIBLE FOR ANY DAMAGES THAT MAY ARISE FROM DISCLOSURE OF SUCH INFORMATION.
Travel to certain destinations may involve greater risk than others. Starwood urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov. STARWOOD DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO, OR ACCOMMODATIONS IN, DESTINATIONS WHERE SERVICES ARE OFFERED VIA THIS SITE IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO, OR STAYING IN, SUCH DESTINATIONS.
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, Starwood may use third party suppliers. You acknowledge and agree that, the carriers, hotels and other suppliers providing travel or other services for Starwood may be independent contractors, and not agents or employees of Starwood. Your credit card statements for products or services purchased on this Site may refer to such third-party suppliers or their respective fulfillment vendors, rather than to Starwood or the Property at which you may have booked a reservation.
You agree to the terms and conditions of purchase imposed by Starwood, each Property, and other suppliers of other travel services (air, land, or sea), which may include, but are not limited to, restrictions against back to back ticketing, hidden city ticketing and round trip for one-way ticketing. You also agree to pay all amounts, duties, taxes, and related charges arising out of Your use of this Site and of the services provided herein when due, including additional taxes and fees that may not be included in the quoted fare. You agree to comply with all rules regarding the availability of fares, products or services, including penalty fees arising from the failure of the User to comply with said rules. You understand that any violation of any supplier's conditions of purchase may result: in cancellation of Your reservation(s) or purchase(s); in Your being denied access to any flight(s), hotel(s), automobile(s), activities, or service; in Your forfeiting any monies paid for such reservation(s) or purchase(s); and in Starwood debiting Your account for any costs Starwood incurs as a result of such violation. You also agree to allow Starwood and each Property, and other suppliers of other travel services to charge the credit card on file for the payment of penalties arising from the Your failure to comply with such rules. Such payment will be collected without additional notice. You agree that You are completely responsible for all charges, fees, duties, taxes, and assessments arising out of Your use of this Site.
YOU AGREE THAT STARWOOD 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 OR EXPENSES RESULTING FROM THE USE OF SUCH SUPPLIERS. STARWOOD HAS NO LIABILITY AND WILL NOT MAKE REFUNDS FOR ANY DELAY, CANCELLATION, OVERBOOKING OR OTHER CAUSES BEYOND STARWOOD'S DIRECT CONTROL, AND STARWOOD HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSES RESULTING THEREFROM.
Property Reservations General Terms.
In addition to the other terms and conditions specified on this Site regarding our Properties, the following general terms and conditions apply to reservations booked on this Site:
Cancellation policies and other information about specific room reservations and properties may vary by Property and by the type of reservation. Individual rate rules, tax information, applicable charges and cancellation policies are displayed in the "Terms & Addt’l Charges" section on the room reservation section of the Site.
If you plan to travel with your pet, we recommend that You confirm directly with the Property that they do, indeed, accept pets. Starwood accepts NO RESPONSIBILITY for an individual Property's pet policy.
For non-US Properties, rates confirmed in USD may be converted to local currency by the Property at Your time of stay, based on the exchange rate used by the Property and are subject to exchange rate fluctuations. Credit card charges are subject to additional currency conversions by banks or credit card companies, which are not within the Property’s control and may impact the amount charged to your credit card.
Reservations made by one or more individuals or by an agency on the Site, on behalf of one or more proposed guests, and involving more than nine (9) rooms at the same Property for the same period of stay, must be directly through the Property. If more than nine (9) rooms at the same Property for the same period of stay are booked through any other method, Starwood reserves the right to cancel or impose additional requirements on such reservations.
Requests for specific features such as bedding type or non-smoking rooms are simply that, and while most Properties will strive to honor Your requests, neither Starwood nor the Property guarantee that Your request will be honored.
Some rates have special requirements such as AAA membership or Senior Citizen proof of age at check-in. Verify that You qualify for the rate that You have booked. Properties are not obligated to honor this rate if You do not qualify.
Additional Terms and Conditions Applicable to our SPGVacations Site.
Reservations for packages booked at the SPGVacations sites are non-refundable once booked.
Name on Airline Reservations
All airline reservations must be made in the EXACT name of the person traveling - no nicknames. For international travel the name on the reservation must be EXACTLY as it appears on the traveler's passport.
Airline Ticket Requests
All requests submitted, even if availability displays are provided, are requests only. Any requests that cannot be confirmed will receive notification by email.
If at anytime prior to the travel date, we are unable to verify the identity of the purchaser, we reserve the right to cancel the reservation.
When You make Your reservation request, if an electronic ticket cannot be issued, a paper ticket will be issued and shipped via FEDEX or USPS Express Service. The only time a paper ticket will be issued is if an electronic ticket is not available. See below for delivery details.
Ticket Purchase Restrictions
The following restrictions will apply:
All ticket purchases are final and cannot be cancelled, refunded, exchanged, or transferred.
Ticket exchanges can seldom be made and will always incur substantial penalties, which may exceed the original cost of the ticket purchased.
In most cases, upgrades standbys will not be permitted.
Many of the discounted tickets available on SPGVacations do not allow for Frequent Flyer Mileage Accrual.
Seat assignments will be made at the airport on the day of departure or by contacting the airline directly.
Airline tickets will not be sold to unaccompanied minors age 18 and under. Tickets may be purchased for minors age 18 and under; however, they must be accompanied by an adult when traveling.
U.S. Billing and Delivery addresses are required.
We reserve the right to cancel requests for High Security Risk Destinations.
All customers are advised to know the entry requirements for the country(ies) to which they are traveling or entering. Reliable information regarding international travel can be found at travel.state.gov. The sale of airline tickets to You on this Site does not imply any guarantee of passenger's ability to enter the country of destination. Traveler understands that neither Starwood nor its affiliates or suppliers takes any responsibility for determining passenger eligibility to enter any specific country.
By placing an order on SPGVacations.com, You accept the following shipping terms:
All paper airline tickets must be shipped within the domestic United States. Tickets will be shipped via FEDEX 2 Day Delivery. A $13.00 USD per ticket delivery fee applies. A $25.00 USD service charge will be assessed for overnight delivery within the continental United States. The charge to Alaska or Hawaii will be $25.00 USD for 2-day delivery and $30.00 USD for overnight delivery (when available). The charge will appear on Your statement from Travel Center or another name that may not include reference to SPGVacations.
Airline tickets can only be shipped to the Billing address of the credit card holder on whose card the ticket was purchased. We are unable to ship to A.P.O. or F.P.O. addresses, and no C.O.D orders can be accepted. If You wish to have Your tickets mailed to a P.O. Box You will be charged an additional $22.00 USD. If You wish to have Your tickets mailed to an address other than the billing address of the credit card You may fax You request to our credit department at 432-332-7725, along with a legible photocopy (front and back) of both Your credit card and drivers license (or passport), Your credit card billing address, Your day and evening phone numbers, and Your company name and address. A $10 processing fee applies and approval takes one (1) business day. If the delivery information You provide is incorrect You will be charged an additional $26.00 USD ($13.00 USD for FEDEX to return the ticket and $13.00 USD for Starwood to send the ticket to the correct address) for the delivery of Your package.
In order to ensure delivery of Your International tickets prior to Your departure, we cannot accept bookings for travel within 5 business days of departure date.
Payment and Sales Tax
Our SPGVacations Site accepts Discover, American Express, Visa, MasterCard, and Diners Club credit cards for all purchases. All payments must be in US Dollars. Current billing address and phone information must be included with every order. Sales Tax will be charged on certain products depending on the shipping address as required by law. Due to the terms and conditions of our various airline contracts, multiple charges may appear on Your credit card statement, however the total amount quoted online when You agree to Your purchase will be the total amount charged to the credit card. Cancellation, change fees, and shipping fees will be additional.
Tax Recovery Charge
The tax charge on certain hotel transactions is a recovery of all applicable transaction taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc) that Starwood or its fulfillment vendor pays to travel suppliers (e.g. airlines, rental car companies, etc.) in connection with Your travel arrangements.
Starwood is not the vendor collecting and remitting said tax to the applicable tax authorities for any services purchased on SPGVacations. The travel suppliers, including the applicable Property, bill all applicable taxes to Starwood's fulfillment vendor who in turn remits such tax directly to the supplier. Starwood is not a co-vendor associated with the vendor with whom we book or reserve our customer's SPGVacations travel arrangements.
Taxability and the appropriate tax rate vary greatly by location. Starwood's actual tax cost paid to the vendor may vary from the tax recovery charge, depending upon the rates, taxability, etc. in effect at the time of the actual use of the hotel, automobile, etc. by our customer.
Starwood does not incur the cost of sales tax from vendors located in Alaska, Delaware, Montana, New Hampshire and Oregon as these states do not impose a sales tax. Also, certain jurisdictions impose a hotel occupancy tax or other type of transaction tax upon the renting of a hotel room, an automobile, etc. The type of tax charged by the Property will vary by service and location.
These fees cover the costs incurred by Starwood and any third party providers in servicing Your travel reservation.
Denial of Access
In its sole discretion, in addition to any other rights or remedies available to Starwood, and without any liability whatsoever to User, Starwood, at any time and without notice, may terminate or restrict User's access to this Site and any related services.
The headings used in these Terms are included by convenience only and will not limit or otherwise effect these Terms.
You may not assign, convey, subcontract or delegate Your rights, duties or obligations hereunder.
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.
These Terms shall be deemed 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.
If Starwood takes any action to enforce this Agreement, Starwood 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 Starwood may be entitled.
Starwood 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 the changed Terms.
EXCLUSION OF WARRANTY, DISCLAIMER
YOU AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. THE SITE, AND ANY RELATED INFORMATION, CONTENTS AND/OR MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. STARWOOD 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 THIS AGREEMENT. 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 STARWOOD WILL CREATE A WARRANTY OF ANY KIND, AND YOU SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL STARWOOD, ITS AGENTS, REPRESENTATIVES OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR INJURY OR ANY 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:(1) 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 OR TICKETING); OR (C) THE PERFORMANCE OR NON PERFORMANCE BY STARWOOD 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 STARWOOD, 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 STARWOOD 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 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.
You agree to indemnify and hold Starwood and its 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 this agreement or the documents it incorporates by reference, or Your violation of any law or the rights of a third party. Starwood's 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.
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 New York applicable to contracts entered into and to be performed entirely within the State of New York. 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.
These Terms, together with those incorporated herein or referred to herein (including, without limitation, the Starwood Online Privacy Statement) constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.
Revised: September 22, 2006