PLEASE READ CAREFULLY BEFORE USING THIS SERVICE.
These Terms and Conditions of Internet Use (“Terms and Conditions”) govern your use of the internet access services (“Services”) provided by Arlo NoMad Hotel (together with its affiliates and subsidiaries, the “Hotel”). Your use of the Services represents your acknowledgement of, and agreement to, these Terms and Conditions and all terms, conditions and notices contained herein. If you do not agree with these Terms and Conditions, do not use the Services.
USE OF THE SERVICES
Subject to your acceptance of and compliance with these Terms and Conditions, the Hotel hereby grants you a non-exclusive, non-transferable limited license to use the Services for your own personal use. The Services are provided for your own use only and you agree not to sell, transfer, sublicense or exploit for any commercial purposes your subscription to or membership in the Services, any portion of the Services, any materials or design elements provided to you by the Hotel through the Services, or access to the Services. Except as expressly stated herein, you are not granted any intellectual property rights in or to the Services or any materials or content provided therein, by implication, estoppel or other legal theory, and, as between you and the Hotel, all rights in and to the Services not expressly granted herein are hereby reserved and retained by the Hotel. The Hotel reserves the right, in its sole discretion, to withhold or terminate your access to all or part of the Services, with or without notice. Any charges associated with your use of the Services will be billed to your room.
RULES OF CONDUCT
You agree not to use the Services for unlawful purposes. The Services may not be used to interfere with, gain unauthorized access to, or otherwise violate the security of the Hotel’s (or another party’s) server, network, network access, personal computer, software, data or other system, or attempt to do any of the foregoing. You shall not introduce into any system any software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party. You are also prohibited from usage that infringes any patent, trademark, trade secret, copyright, right of publicity, privacy or other proprietary right of any party. The Hotel makes no representation that materials accessed on the Internet through the Services are appropriate or lawful.
THIRD PARTY WEBSITES
Your use of the Services may take you to other websites on the Internet. These websites may contain information or material that you may find inappropriate or offensive. These third party websites are not under the control of the Hotel, and you acknowledge that the Hotel is not responsible for the accuracy, legality, decency, or any other aspect of the content of such third party websites. The inclusion of any links to third party websites made available to you through the Services does not imply an endorsement of the web site by the Hotel and, if provided by the Hotel, such links are provided to you only as a convenience.
The Hotel has no obligation to monitor, track, record, store or disclose your use of the Services, including, without limitation, the URLs of the websites you visit and the data you enter, transmit, or receive, but may do so (i) to comply with legal or regulatory requirements or to assist in law enforcement investigations and procedures; (ii) to operate the Services; (iii) to ensure compliance with these Terms and Conditions; or (iv) based on a good faith belief that such monitoring, tracking, recording, storing, or disclosure is otherwise necessary or advisable including, without limitation, if there is reason to believe that such information is necessary to identify, contact or bring legal action against someone who may be causing interference with our rights or properties or those of others, whether intentionally or otherwise, or when anyone else could be harmed by such activities.
DISCLAIMER OF WARRANTIES
you expressly acknowledge that there are security, privacy and confidentiality risks inherent in wireless communications and technology, and the hotel does not make any guarantees or warranties relating to such risks. for the purposes of your own protection and privacy, you are advised to install a firewall or other computer security measures when accessing the internet. lIKEWISE, PROTECTION FROM VIRUSES, WORMS, MALWARE, tROJAN HORSES AND OTHER CODE WITH DESTRUCTIVE PROPERTIES IS your SOLE RESPONSIBILITY. more information on how YOU CAN protect yourself can be found at HTTP://WWW.DHSES.NY.GOV/OCS/.
The services (and all materials, information, software, and products included therein) are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, or noninfringement. the hotel does not warrant that the services are accurate, reliable or correct; that the services will be uninterrupted or available at any particular time or location; that the services are secure or that any wireless or wired connection will not be accessed, intercepted, altered or destroyed in whole or in part by an unauthorized third party; that any data files, programs, procedures or information (including your personally identifiable information) downloaded, recorded, transmitted or input through the services will be secure or protected from unauthorized access to, alteration, deletion, defect or destruction; that any defects or errors will be corrected; or that the content or services are free of viruses or other harmful components. you agree that your use of the services will be at your sole risk. some jurisdictions do not permit the exclusion or limitation of certain warranties, so these exclusions may not apply to you.
LIMITATION OF LIABILITY
The hotel accepts no liability for any problems associated with your use of the services, including, but not limited to, damage to your software, hardware, or other equipment; any delay in operation or transmission of the services; any communications line failure, theft or destruction; any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, providers, or computer equipment; or any traffic congestion of failure of the internet or any web site.
Under no circumstances shall the hotel be liable to you or any third party for any indirect, punitive, incidental, special, or consequential damages that result from your use of or inability to use, the services. this limitation applies even if the hotel has been advised of the possibility of such damages. the hotel’s cumulative liability to you relating to your use of the services, whether in contract, tort (including negligence) or otherwise, will not exceed the amount paid by you for the services that gave rise to the claim in question. some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the hotel’s liability in such jurisdictions shall be limited to the maximum extent permitted by law.
You shall defend, indemnify and hold the Hotel and its owners, and their employees, contractors, officers, and directors, harmless from all liabilities, claims, and expenses, including attorney’s fees arising out of (i) your use or misuse of the Services; (ii) any content you submit, post, transmit or otherwise make available through the Services; and (iii) your violation of these Terms and Conditions.
GOVERNING LAW; NO WAIVER; SEVERABILITY
These Terms and Conditions, and the relationship between you and the Hotel, will be governed by the laws of the State of New York, without giving effect to any principles of conflicts of law. The Hotel’s failure to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. If any provision of these Terms and Conditions are found by a court of competent jurisdiction to be invalid, you and the Hotel nevertheless agree that the court should endeavor to give effect to intentions as reflected in the provision, and the other provisions of these Terms and Conditions will remain in full force and effect.
By providing your email address, you consent to receive email notifications and information from the Hotel. You may opt out of this email service at any time by following the opt-out instructions included in each email you receive.
The Hotel reserves the right, in it sole discretion, to update or revise these Terms and Conditions at any time.
These Terms and Conditions were last updated on December 15, 2016.