Terms of Use for www.calodging.com

Notice: Acceptance of Terms of Use; Binding Effect

Use of this Site is subject to certain Site Terms of Use, which constitute a legal agreement between you and the California Hotel & Lodging Association. By using this Site or any services provided in connection with the Site (the “Service”), you acknowledge that you have read, understood, and agree to be bound by the site’s Terms of Use, as they may be amended by the California Hotel & Lodging Association (“CH&LA”) from time to time in its sole discretion. CH&LA will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

If you do not agree to these Terms of Use, do not use this site.

Terms and Conditions for Use - General

The following terms and conditions govern your use of the California Hotel & Lodging Association website (www.calodging.com) (“the Site,” or “this Site”), which is owned and operated by California Hotel & Lodging Association (“CH&LA,” "we," "our"). By accessing, browsing and/or using this site you represent and warrant that: (i) you have read, understood and agree to be bound by these terms and conditions and to comply with all applicable laws and regulations; and (ii) you have read and understood the terms and conditions of our Privacy Policy. A complete statement of CH&LA’s current Privacy Policy can be found by clicking here. CH&LA’s Privacy Ppolicy is expressly incorporated into this Agreement by this reference.

If you do not agree to these terms and conditions, do not use this Site.

Subject to the terms and conditions set forth herein, and your compliance therewith, CH&LA grants to you a limited and revocable non-exclusive, non-transferable, license to access and display this Site, all software, text, graphics, logos, images, design elements, and all other information and materials contained in this Site (collectively, the "Proprietary Elements"). Except as expressly permitted by CH&LA, you may not copy, upload, post, reproduce, transmit, download, modify, distribute, sell, sublicense, transfer, mirror, frame or create derivative works of this site or any Proprietary Elements contained therein, in whole or in part, without our prior written consent. Further, you may not use any meta tags or any other "hidden text" utilizing our name or any Proprietary Element without our prior written consent.

Use of Software 

CH&LA may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by CH&LA, for your use only. CH&LA does not transfer either the title or the intellectual property rights to the Software, and CH&LA retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by CH&LA or its licensors and you may not copy or use them in any manner.

User Content

You grant CH&LA a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting CH&LA, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of CH&LA, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that CH&LA may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

Compliance With Intellectual Property Laws

When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you.

Inappropriate Content

You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. CH&LA reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. CH&LA intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

CH&LA Member Section; User Names and Passwords

Some areas of the Site are available only to current members of the California Hotel & Lodging Association ("CH&LA Member Section"). Unless you are current member in good standing of the CH&LA, you are not authorized to view the CH&LA Member Section areas. Unauthorized access or entry is prohibited and subject to prosecution under the laws of the United States and its various states and possessions. All activities and access attempts related to the CH&LA Member Section are logged. Each individual member of the CH&LA is assigned a user name and password for that member's sole use in accessing the CH&LA Member Section of the Site. If you are a CH&LA member, you agree not to allow others to access the CH&LA Member Section of the Site using your user name and password. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your username and password. You agree to pay all fees and charges incurred in connection with your username and password at the rates in effect when the fees and charges were incurred. You agree to immediately notify CH&LA of any unauthorized use of your username and password, or if there is any other breach of security.

Credit Cards

CH&LA uses your credit card number, billing and shipping information to process purchases and contributions you make from or to CH&LA online. These purchases and contributions may include payment of membership dues, merchandise and CHALPAC or Education Foundation contributions. In addition, CH&LA may provide your credit card number, billing and shipping information to participating merchants from whom you buy goods or services through the Site. The merchants are solely responsible for how they use that information and any other information they independently acquire from you or about you. Otherwise, we do not share your credit card information with anyone else. To protect the security of your credit card information, we employ the industry-standard Secure Sockets Layer (SSL) technology. We also encrypt your credit card number when we store your order and whenever we transfer that information to participating merchants. There are no refunds or returns on any items or memberships purchased from our web site or through our event registration system unless otherwise specifically stated during the check-out process.

Copyright Infringement

CH&LA has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site and/or with the Service. CH&LA has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of CH&LA or of a third party, or otherwise violated any intellectual property laws or regulations. CH&LA’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want CH&LA to delete, edit, or disable the material in question, you must provide CH&LA with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit CH&LA to locate the material; (d) information reasonably sufficient to permit CH&LA to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to CH&LA’s designated agent at:

Lynn Mohrfeld, President and CEO
California Hotel & Lodging Association
419 24th Street, Sacramento, CA 95816
Phone: 916-554-2644
Fax: 916-444-5848
Email: Lynn@calodging.com

Disclaimers; No Warranties

THIS SITE AND ALL CONTENT ARE PROVIDED ON AN "AS IS" BASIS AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, AND ARE INTENDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. WE DO NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DO WE MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THIS SITE, ANY CONTENT, OR ANY PRODUCTS OR SERVICES DESCRIBED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND YOUR RELIANCE UPON ANY CONTENT IS AT YOUR SOLE RISK AND DISCRETION.

WE ARE NOT RESPONSIBLE FOR PRINTING OR TYPOGRAPHICAL ERRORS. AVAILABILITY OF THE PRODUCTS AND SERVICES DESCRIBED ON THIS SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CH&LA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. CH&LA DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

Limitations of Liability

IN THE EVENT OF ANY PROBLEM WITH THIS SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE.

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR OFFICERS, MEMBERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING OR DISTRIBUTING THIS SITE OR ANY CONTENT APPEARING ON THIS SITE, OR ANY PART THEREOF, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THIS SITE, ANY CONTENT, OR ANY PRODUCTS OR SERVICES DESCRIBED ON THIS SITE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE, SUCH PERSONS OR SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links; Affiliated Sites

CH&LA has no control over, and no liability for any third-party website(s) or materials. CH&LA works with a number of partners and affiliates whose Internet sites may be linked with or otherwise available via the Site. Because neither CH&LA nor the Site has control over the content and performance of these partner and affiliate sites, CH&LA makes no guarantees about the accuracy, currency, content, reliability, nature, or quality of the information provided by such sites, and CH&LA assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites.  We accept no responsibility in connection therewith.  No linked sites are under our control, and we are not responsible for the content of any linked site or any link contained in a linked site, or for any review, changes or updates to any such sites. Any linked sites are provided to you only as a convenience. The inclusion of any link does not imply affiliation, endorsement or adoption by CH&LA of the linked site or any information contained therein. When leaving this site, for example to go to a linked site, you should be aware that our terms and policies may no longer govern, and, therefore, you should review the applicable terms, conditions and policies, including privacy and data gathering practices, of each linked site.

Prohibited Uses

CH&LA imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by CH&LA in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

ALLEGED VIOLATIONS

CH&LA reserves the right to terminate your use of the Service and/or the Site. To ensure that CH&LA provides a high quality experience for you and for other users of the Site and the Service, you agree that CH&LA or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. CH&LA does not intend to disclose the existence or occurrence of such an investigation unless required by law, but CH&LA reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if CH&LA believes that you have violated any of the Terms of Use, furnished CH&LA with false or misleading information, or interfered with use of the Site or the Service by others.

Confidentiality on the Internet

Use of the Internet is solely at your own risk and discretion and is subject to all applicable local, state, national and international laws and regulations. CH&LA shall not be responsible for the security of any information transmitted over the Internet. You assume all risks in transmitting material to or from this site and must make your own determination as to these matters.

 

Indemnity

You agree to indemnify CH&LA for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless CH&LA, its Members, affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. CH&LA will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

Copyright

All contents of Site or Service are: Copyright © 2003- 2019 California Hotel & Lodging Association. All rights reserved.

Copyright

CH&LA reserves the right to remove any content on this site which allegedly infringes another person's copyright. Notices to CH&LA regarding any alleged copyright infringement on this site should be directed to the following address:

California Hotel & Lodging Association
414 29th Street
Sacramento, CA 95816-3211

 

Governing Law

The laws of the State of California govern these terms and conditions in all respects, without giving effect to its conflicts of laws principles.  You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Sacramento County, California, USA in all disputes arising out of or related to the use of the Site or Service.

Severability; Waiver

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

California Use Only

The Site is controlled and operated by CH&LA from its offices in the State of California. CH&LA makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as CH&LA’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

Modifications

CH&LA may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. CH&LA shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.