The Types of Information We Collect and How We Collect It:
“Personal information” or “personally identifiable information,” which is information by which you may be personally identified, including, for example, your name, email address, telephone numbers, company affiliation, physical address, credit card and other payment information (including the three or four digit security code on the back of your credit card), screen names, driver’s license number, social security number, passport number, frequent flyer or other affinity program numbers, and any other information by which you may be personally identified. Personal information also may include information that may not be personally identifiable standing alone (for example, your age), but which may become personally identifiable when combined with personal information (for example, your age combined with your name).
“Non-personal information,” which is information that is about you but which does not identify you individually and is not linked to any personal information, including information regarding your use of our Website, such as your IP address, your device type, your browser type, the operating system or platform you are using, the name of your Internet Service Provider, the third-party website from which your visit to the Website originated and the exiting website, clickstream data, the search terms you enter on the Website, the specific web pages that you visit on the Website, and the time, date, and duration of your visit to the Website. Non-personal information may include personally identifiable information that has been de-identified, or in other words, rendered anonymous.
We may collect this information through various means, including: (a) directly from you when you provide it to us, for example, via forms that you fill out on the Website, in emails and other communications and information that you submit via the Website, and when you make a reservation; (b) automatically as you navigate through the Website, including via cookies, web beacons, and other tracking technologies; and (c) from third parties, including without limitation our service providers.
Information You Provide to Us:
The information we collect may include following types of information that you provide:
Your contact information, such as your name, home and business addresses, email address, company name, phone number, title, screen name or username;
Your travel-related information, such as your frequent flyer number, preferred airlines, rental car providers, passport number and date and place of issue and travel history;
Your demographic information, such as your date of birth/, gender, marital status, number of children and nationality;
Information you provide at the time you request information, register to use our Website, subscribe to receive information by mail, e-mail or text message about our properties and services, make a reservation, or request further services, such as a concierge request;
Details about events or meetings that you plan with us, such as the date of the event, the guest list, and information about the guests at your event;
Information and content (including photographs) that you may submit to us or post to public areas on our Website;
Information you provide when you enter a contest or promotion;
Records and copies of your correspondence (including e-mail addresses), if you contact us, which may include information that you submit in a general comment and/or recommendation posted on or sent through on our Website or when you report a problem with our Website;
Your responses and other information you may share in response to surveys and other market research that we might ask you to complete (although you do not have to respond to them);
Information about your travel preferences or relating to your reservations, including the properties you have visited, your arrival and departure dates, any special requests you may make, your guest preferences (including those relating to amenities, facilities, housekeeping and room preference), vehicles you may bring to the properties, on-property services that you may request (including concierge services, health clubs, spa services, activities, child care services, and equipment rental);
Details of transactions you carry out through our Website and the fulfillment of your reservation requests, including financial information such as your credit card details or bank and routing information, which may be requested before making a reservation through our Website;
Certain sensitive personal information, including your social security number, drivers license number, or certain health information that you choose to share with us (such as allergy information or other health conditions that may affect your guest preferences or special requests);
Your communications preferences; and
Other personal information that you choose to provide.
Please keep in mind that in many instances personal information is required for you to participate in a particular activity, for us to provide a certain service or benefit to you, for us to complete a request you have made, or for you to gain access to certain features, functionalities or content on our Website. If you elect not to provide us with certain personal information, we may not be able to offer these services and functionalities to you.
SOCIAL MEDIA FUNCTIONS AND WIDGETS
As you navigate through and interact with the Website, we, our service providers and third parties may automatically collect information about your visits to our Website, your equipment, and your browsing action and patterns. This information includes, but is not limited to:
Details of your visits to our Website and the resources that you access, such as traffic data, location data, logs and other communication data, the referring page and the exiting website, the search terms you use on our Website, the pages that you visit on our Website, and the time, date and duration of your visits to our Website;
Information about your computer or devices and internet connection, such as your IP address, the operating system or platform you are using, your browser type and your Internet Service Provider; and
Information about traffic patterns, number of visits to certain pages, visits from other websites or to third-party websites linked to the Website, and visitors’ use of particular services and interest in services, information or features of the Website.
Automatically-collected information helps us to administer and improve our Website, to store your preferences and deliver you a better and more personalized experience and service, to recognize you when you return to the Website, and to optimize your use of the Website. We and our service providers may use IP addresses to understand the locations from which our Website visitors are accessing the Website. This information also may enable us to develop and offer new features and services and to target advertisements. We also monitor aggregated and other automatically-collected data regarding use of our Website for marketing purposes and to study, improve and promote use of the Website in connection with such purposes.
The technologies used for automatic data collection may include cookies (also known as browser cookies), pixel tags, web beacons and other tracking technologies.
We also may share website usage information and other automatically-collected data about visitors to our Website with third parties, such as advertising networks and ad servers, for the purpose of managing, targeting and serving advertisements and for market research analysis on our Website and other websites. These advertisements may be targeted to specific searches you conducted on our Website during earlier browsing sessions or may be the result of information collected via cookies and pixel tags.
COOKIES AND PIXEL TAGS
Cookies, unique identifiers, pixel tags, web beacons and other tracking technologies may, among other things, help to speed navigation through our Website, keep track of information (such as your password) so that you do not have to re-enter it each time you visit our Website, store your preferences, and help to provide you with customized content, including advertisements and other offers that are tailored to your apparent interests. These technologies also may help us and our service providers to authenticate users, measure the usage of pages on the Website, make content more accessible, track responses to ads, email campaigns and other content, determine your ability to receive HTML email so that we know the appropriate format for you to receive email, determine how many users open emails, compile data on email and other marketing campaigns, track conversions, record difficulties you experience with the Website, see overall patterns of usage on the Website, and enable social media functions. We and our service providers also may use these tracking technologies to collect and maintain aggregated data (such as the number of visitors) to help us see which areas are most popular with our users, to improve and update the content on the Website, to identify what content is effective, to optimize the Website and its content, to reduce or eliminate messages sent to customers, to track advertising, to enhance Website usability, and to provide ads, offers and other promotions that we believe may be of interest to you. We and our service providers may analyze the information derived from cookies and match this information with data provided by you or another party.
How We Respond To Do Not Track Signals
Our Website does not recognize web browser “do not track” signals at this time. We may work with third parties that use tracking technologies on the Website, including in order to provide tailored advertisements on our behalf and on behalf of other advertisers across the Internet. These companies may collect information about your activity on the Website and your interaction with our advertising and other communications, and use this information to determine which ads you see on third-party websites and applications. If you wish for more information about this practice and to understand your options, please visit http://www.networkadvertising.org/ or http://www.aboutads.info.
HOW WE USE YOUR INFORMATION
To present the Website and its contents to you;
To register you as a Website member and process other enrollments;
To fulfill the services, reservations and transactions that you request from us, including facilitating your requests to plan and purchase hotel accommodations or other travel services and to reserve dining, lounge and spa services;
To respond to your requests for information (including information about reservations, accommodations, weddings, meetings, events, properties, real estate, or other matters or opportunities), to respond to your other emails, questions, comments, suggestions, complaints, and to provide customer service;
To improve our services and properties and to develop new services, properties and offerings;
To validate your identity or verify communications from you;
To enter you into, to conduct and administer promotions, sweepstakes, prize draws and other contests;
To conduct customer satisfaction, market research and quality assurance surveys;
For marketing purposes, including interest-based advertising, sending you promotional materials, and notifying you about special promotions, offers, events or opportunities that may be of interest to you
To send you marketing communications about the products and services offered by property owners, marketing partners and other third parties, including without limitation offers regarding residential sales opportunities;
To accommodate your preferences, to personalize and improve your Website experience, and to improve our services at our properties and on our Website;
To manage, store and enhance guest data and preferences;
To monitor and analyze Website traffic, usage and trends, to understand guest and visitor needs and trends, to track revenues and bookings, to improve the Website and our advertising and marketing campaigns and to increase the Website’s functionality;
To send you important notices, such as communications about purchases, programs you have joined, and changes to our terms, conditions and policies;
To send you confirmations, updates, security alerts, and support and administrative messages and otherwise facilitate your use of, and our administration and operation of, the Website;
To protect the security or integrity of our Website, properties and business;
To prevent fraud and other prohibited or illegal activities, to investigate and resolve disputes and problems, and to otherwise comply with applicable laws and regulations;
For any other purpose that is disclosed to you at the point of collection of the personal information, for any purpose for which you provide your prior consent, or for any other lawful purpose.
HOW WE SHARE YOUR INFORMATION
Contractors, service providers and other third parties we use to support our business, including those performing core services (such as reservations, billing, credit card processing, customer support services, customer relationship management, property management, accounting, auditing, processing insurance claims, administering sweepstakes, surveys, email and mailing services, data storage, and security) related to the operation of the Website, the operation of our properties and properties operated under our family of trademarks, the provision of services at those properties, the processing and fulfillment of your reservations and requests, and making certain Website functionalities available to Website users.
To fulfill any purpose for which you provide it.
When we believe in good faith that disclosure is required to protect the property, assets or security of the Website, or content found on the Website, or to protect the Website from unauthorized use or misuse.
To protect the rights, property, or safety of Proper, our customers, or others. This may include exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Where permitted or required by law and without your consent to comply with any court order, legal process, subpoena, or other legal or regulatory requirements.
To otherwise fulfill a government request for information.
To respond to claims that any posting or other content of our Website violates the rights of third parties, including without limitation providing information necessary to satisfy the notice and counter-notice procedures pursuant to the Digital Millennium Copyright Act.
For any other purpose disclosed when you provide the information.
When we obtain your consent to do so.
SECURITY OF PERSONAL INFORMATION
The Website is not designed or intended to be used by anyone under the age of 18. If you are under the age of 18, do not use the Website, register as a user on the Website, make reservations or other purchases via the Website, use any interactive features of the Website, or post any personal information to or submit any personal information via the Website. We do not knowingly market to or solicit personal information from children under the age of 13. If you are under the age of 13, do not send or otherwise provide any information about yourself to us, including your name, address, telephone number, e-mail address or screen name. A parent or guardian of a child under the age of 13 may request deletion of such child’s personally identifiable information and prohibit the use thereof as provided by law. If you are a parent or guardian of a child under the age of 13 and believe that child has provided us with their personal information, please contact us at email@example.com any of the other ways described in the “Contact Us” section below to let us know and we will take reasonable steps to delete and cease use of that information in accordance with applicable law.
LINKS TO OTHER WEBSITES
The Website may provide links to a other websites that we believe might offer you useful information and services, but which we do not control or maintain. Be aware that those websites may not follow the same privacy policies as our Website and we are not responsible for the privacy policies or the actions of those websites or their operators. We urge you to note when you leave our Website and to read the privacy statements of other websites for information about their data collection practices before submitting any personally identifiable information or other sensitive data to those websites. If you have any questions about the privacy practices of other websites, you should contact the relevant parties controlling these websites for more information.
YOUR PRIVACY CHOICES
We have created the following mechanisms to provide you with the following control over your information:
Your Account. If you have registered on the Website, you may be able to login to your account to change or update certain information and preferences to keep all such data accurate, complete and up-to-date. You also may be able to update or correct certain information by contacting us as described in the “Contact Us” section below.
Cookies and Online Tracking. See above for more information on how you can manage and disable cookies and other online tracking technologies. Please keep in mind, however, that you may not be able to access the full functionality of our Website if cookies are disabled.
Promotional Emails. You can opt-out of receiving marketing emails from us by sending us an email stating your request to firstname.lastname@example.org. If we or one of our service providers or marketing partners have sent you a promotional email, you may use the “unsubscribe” link or send us a return email asking to be omitted from future email distributions. Please keep in mind that opting out of marketing emails may impact our ability to allow you access to certain offers, benefits and features. Please also note that even if you opt out of receiving certain marketing emails, that opt-out may not apply to other communications that you may continue to receive from us, such as customer service messages, messages about your account or transactions with us, and emails responding to your communications with us or requests for information that we receive from you.
YOUR CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83 permits residents of the State of California to request certain information about our disclosure of certain personally identifiable information to third parties for their direct marketing purposes. To make such a request you should send (a) an email to email@example.com with the subject heading “California Privacy Rights,” or (b) a letter addressed to Proper Hospitality, Attention: John Flannigan, 1729 Abbot Kinney Boulevard, Venice, California, 90291. In your request, please attest to the fact that you are a California resident and provide a current California address for our response. Please be aware that not all information sharing is covered by the California privacy rights requirements and only information on covered sharing will be included in our response. We reserve our right not to respond to requests submitted to addresses other than the addresses specified in this paragraph.
1729 Abbot Kinney Boulevard
Venice, California 90291
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
Proper Hospitality, LLC and its affiliates, properties and property owners (collectively, “Proper” or “us” or “we”), require that allvisitors to this website adhere to the following terms and conditions of use (these “Terms”). These Terms govern your use of our online services, any content or information therein, the www.properhotel.com, www.properresidences.com, liveaustinproper.com, avalon-hotel.com, www.avalonbeverlyhills.com, and www.avalonpalmsprings.com websites, any subdomains of such websites, and any other website pages on which services are provided by us (collectively, the “Website”). By accessing and using the Website, you agree, on your own behalf and on behalf of any corporation or other legal entity that you represent or for which you access the Website (your “Company”), to be bound by and comply with these Terms and to comply with all applicable laws and regulations. If you do not agree to these Terms, you are not authorized to use the Website.
1. CHANGES TO THESE TERMS AND THE WEBSITE
We may change these Terms at any time, and all such changes are effective immediately upon notice, which we may give by any means, including, but not limited to, by posting a revised version of these Terms or other notice on the Website. You should view these Terms often to stay informed of changes that may affect you. Your use of the Website constitutes your continuing agreement to be bound by these Terms, as they are amended from time to time. We expressly reserve the right to make any changes that we deem appropriate from time to time to the Website or to any information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software, opportunities, features, services, and other materials within the Website (all such materials, and any compilation, collection, or arrangement thereof, collectively the “Content”).
3. INTELLECTUAL PROPERTY
You understand and agree that we own, or (where applicable) we have lawfully licensed from third parties, all right, title, and interest in and to the Website and all of the Content. You acknowledge and agree that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing or using the Website or the Content. Such intellectual property and proprietary rights may include, but are not limited to, copyrights, trademarks and service marks, trade dress, and trade
secrets, and all such rights are the property of Proper or its licensors and Content providers.
4. COPYRIGHT POLICY
If you believe in good faith that any Content has been copied in a way that constitutes copyright infringement, you may forward the following information to our Copyright Agent at either firstname.lastname@example.org or Proper Hospitality, 1729 Abbot Kinney Boulevard, Venice, California 90291, Attn: Designated Copyright Agent: (i) your contact information, including your name, address, telephone number, and email address; (ii) dentification and description of each copyrighted work that you claim has been infringed; (iii) the exact URL or location of the material that you claim is infringing; (iv) 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; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owners.
5. LICENSE TO ACCESS AND USE
5.1 You may access and use this Website only for your personal use (or, if accessing the Website on behalf of a Company, only your Company’s own internal use). Any other access to or use of the Website or the Content constitutes a violation of these Terms and may violate applicable copyright, trademark, or other laws. We make no representation that Website or Content is appropriate or available for use in your location. A reference to a product or service on the Website does not imply that such product or service is or will be available in your location. The content of the Website, including advertising content, is intended for use and display only
where its use and display are permissible in accordance with applicable laws and regulations. Each product or service is void where prohibited by law.
5.2 WITH RESPECT TO HOTEL RESIDENCES, THESE MATERIALS DO NOT CONSTITUTE AN OFFER OR SOLICITATION OF ANY KIND, NOR ARE THEY INTENDED TO BE DISTRIBUTED IN OR CONSTITUTE AN OFFER IN ANY STATE OR COUNTRY IN WHICH PROPER OR THE APPLICABLE DEVELOPER OF A PROJECT HAS NOT REGISTERED TO SELL PROPERTY, IF REQUIRED.
5.3 You may not access, use, or copy any portion of the Website or of the Content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Content. Except as expressly authorized by us in writing, in no event will you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Website or the Content or any access to or use of the Website or the Content.
6. RESTRICTIONS ON ACCESS
6.1 You represent and agree that all information that you provide to us in connection with your access to and use of the Website is true, accurate, and complete to the best of your knowledge and belief. Proper reserves the right, in its sole discretion, to terminate your access to all or part of the Website, without notice or liability, for any reason, including, but not limited to: (a) the unauthorized use of any username or password; or (b) the breach of any agreement between you and Proper, including, without limitation, these Terms. Following any such termination of access, you will continue to be bound hereunder to the fullest extent applicable.
6.2 Upon being notified that your access is terminated, you must destroy any materials you have obtained from the Website. You may not access the Website after your access is terminated without our written approval. After terminating your access, Proper will retain all rights, including all intellectual property rights, proprietary rights, and licenses retained in these Terms, and the limitations upon your use and treatment of Content will remain in full force.
7. USER CONDUCT
7.1 In connection with your access and use of the Website and that of any person authorized by you to access and use the Website, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct. Specifically, in connection with your use of the Website, neither you nor the Company may cause or permit any person to do any of the following:
a. use the Website or Content for any unlawful purpose;
b. use the Website to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
c. impose an unreasonably or disproportionately large load on the Website or otherwise interfere with or inhibit any other user of this Website from using or enjoying the Website;
d. use the Website to post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, harassing, or otherwise objectionable information or communication of any kind;
e. use the Website to post or transmit any information which is invasive of another’s privacy or publicity rights or that otherwise violates or infringes in any way upon the rights of others; and
f. use the Website to post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or other unsolicited commercial communication.
7.2 You will be financially accountable for all uses of the Website by you and anyone using your password and login information. You may only use the Website to make legitimate reservations or purchases in good faith for use by you and your invited guests only. You may not use the Website to make reservations for other purposes, including without limitation, reselling, impermissibly assigning or posting on third party websites, or making speculative, false or fraudulent reservations, or any reservation in anticipation of demand.
8. PROMOTIONAL AND OTHER INFORMATION
8.1 We may make information regarding specific programs, offers or promotions, which we are conducting, available on the Website. Any such program, offer or promotion is subject to the specific terms, conditions and restrictions listed on the Websites in connection with such program, offer or promotion. We reserve the right to alter or withdraw any program, offer or promotion at any time. Each program, offer and promotion is void where prohibited by law. Please refer to and read carefully the terms, conditions and restrictions included on the Website in connection with each program, offer or promotion.
8.2 This Website may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to your transaction. We do not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor reservations or information affected by such inaccuracies. We reserve the right to make changes, corrections, cancellations and/or improvements to the Website, and to the products and programs described on the Website, at any time without notice, including after confirmation of a transaction.
9.1 By disclosing or offering any information to us, including comments, photos, event details, computer files, documents, graphics, suggestions, ideas, feedback or other information (each, a “Submission”), either through your use of the Website or otherwise, you authorize Proper to make such copies thereof as we deem necessary, including to facilitate the posting and storage of the Submission on the Website. By making a Submission, you automatically grant, and you represent and warrant that you have the right to grant, to Proper an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Submission for any purpose, commercial, advertising, or otherwise, on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Submission, and to grant and authorize sublicenses of the foregoing.
9.2 By making a Submission, you represent that you have all requisite rights to, and are authorized to disclose, all of the information contained in the Submission. You are fully responsible for any Submission you make and for the legality, reliability, appropriateness, and originality thereof.
9.3 You agree that we have no obligation to, but may monitor and review information you transmit over the Website. You agree that we may censor, edit, remove or prohibit the transmission or receipt of any information that we deem inappropriate or in violation of these Terms, and use any such information as necessary to provide the Website and/or to protect our rights or properties. You agree that we may also monitor and review stored information without restriction. You hereby acknowledge and consent to such monitoring and reviewing.
10.1 Proper takes such commercially reasonable measures as it deems appropriate to secure and protect information transmitted to and from the Website. Nevertheless, we cannot and do not guarantee that any such ransmissions are or will be totally secure. You are responsible for maintaining the confidentiality of any information about you, including any username and any password used in connection with your use of the Website. You agree to notify Proper immediately if you discover loss or access to such information by another party not under your control and supervision. Proper will not be liable for any loss or damage arising from the unauthorized use of your username or password.
10.2 YOU AGREE THAT NEITHER WE NOR ANY PROPERTY OWNERS OR OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS WEBSITE 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 WEBSITE OR ANY SITES LINKED OR ASSOCIATED WITH THIS SITE.
10.3 PROPER MAKES NO WARRANTY OR REPRESENTATION REGARDING OF CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THIS WEBSITE OR ANY SITE LINKED TO THIS WEBSITE. YOU AGREE THAT NEITHER US, NOR ANY OTHER PROPERTY OWNERS OR PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS WEBSITE, ARE RESPONSIBLE FOR THE CONFIDENTIALITY OF ANY INFORMATION, (INCLUDING WITHOUT LIMITATION CREDIT CARD INFORMATION, PERSONALLY IDENTIFIABLE INFORMATION, EMAIL ADDRESS, PHONE NUMBER, ETC.), AND NEITHER WE, NOR ANY OTHER PROPERTY OWNERS OR PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS WEBSITE, ARE RESPONSIBLE FOR ANY DAMAGES THAT MAY ARISE FROM DISCLOSURE
OF SUCH INFORMATION.
11. USE OF TRADEMARKS
You may not, without our express written permission, use any Proper trademarks or service marks for any purpose. We may grant, deny, or revoke any such permission in our sole discretion.
12.1 This Website may include hyperlinks to other websites which are not maintained by Proper. We are not responsible for the content of such external websites and we make no representations whatsoever concerning the content or accuracy of, opinions expressed in, or other links provided by such websites. The inclusion of any hyperlink to external websites does not imply endorsement by Proper of those websites or any products or services referred to therein. The terms of service and privacy policies applicable to external websites may be different from those applicable to our Website. If you decide to access any external website through a link within our Website, you do so entirely at your own risk, and Proper will have no liability for any loss or damage arising from your access or use of any external website. Since Proper does not endorse and is not responsible for the availability of these websites, or their contents, you should direct any concerns regarding an external website to the administrator of that website. You agree that you will bring no suit or claim against us arising from or based upon any such use of external websites. Hyperlinks to other websites that are provided on the Website are not intended to imply that: (a) we are affiliated or associated with any external
website; or (b) any linked site is authorized to use any of our trademarks, trade names, logos, or copyrights.
12.2 . If you link to the Website, you agree that you will not misrepresent your relationship with us or present false or misleading impressions about us. No hyperlinks to the Website may be used in a manner that implies or suggests that Proper approves or endorses you, your website, or your goods and services. We will have no responsibility or liability for any content appearing on your website. No hyperlink may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
12.3 We reserve the right, at any time and in our sole discretion, to request that you remove from your website all hyperlinks or any particular hyperlink to the Website. We may at any time, in our sole discretion, with or without cause, withdraw your right to link to any pages on the Website. Upon our request, you agree to immediately remove all hyperlinks to the Website. Thereafter, your posting of any future hyperlinks to the Website will require our express written permission.
13. TRAVEL DESTINATIONS
Travel to certain destinations may involve greater risk than others. We urge you 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.
NEITHER WE, NOR ANY OTHER PROPERTY OWNERS OR PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS WEBSITE REPRESENT OR WARRANT THAT TRAVEL TO, OR ACCOMMODATIONS IN, DESTINATIONS WHERE SERVICES ARE OFFERED VIA THIS WEBSITE IS ADVISABLE OR WITHOUT RISK, AND ARE NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO, OR STAYING IN, SUCH DESTINATIONS.
14. PROPERTY RESERVATIONS GENERAL TERMS.
14.1 In addition to the other terms and conditions specified on this Website regarding our properties, the following general terms and conditions apply to reservations booked on this Website.
a. 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 booking engine section of the Website, once you have entered check-in dates and selected a room type.
b. If you plan to travel with your pet, we recommend that you confirm directly with the property that they do, indeed, accept pets. Proper accepts NO RESPONSIBILITY for an individual property’s pet policy.
c. 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 our or the property’s control and may impact the amount charged to your credit card.
d. Reservations made by one or more individuals or by an agency on the Website, on behalf of one or more proposed guests, and involving more than ten (10) rooms at the same property for the same period of stay, must be directly through the property. If more than ten (10) rooms at the same property for the same period of stay are booked through any other method, we reserve the right to impose additional requirements on such reservations.
e. 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 we nor the property guarantee that your request will be honored.
f. Some rates have special requirements such as AAA membership or 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 provide proof of qualification at check-in.
THE USE OF THIS WEBSITE BY YOU AND YOUR COMPANY IS AT YOUR AND ITS SOLE RISK. ACCORDINGLY, THE WEBSITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED, TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, PROPER AND ITS PROPERTY OWNERS AND CONTENT-PROVIDERS DO NOT WARRANT THAT: (a) THE USE OF THIS WEBSITE OR ANY THIRD PARTY SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (b) THAT THE USE OF THIS WEBSITE OR ANY SUCH THIRD PARTY SITE WILL ALLOW YOU TO OBTAIN ANY PARTICULAR RESULTS WHATSOEVER; (c) THE CONTENT OR ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS WEBSITE OR ANY THIRD PARTY SITE ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR OF ANY PARTICULAR VALUE OR QUALITY; (d) THAT ANY DEFECTS IN THE WEBSITE OR IN THE CONTENT WILL BE CORRECTED; OR (e) THAT THE WEBSITE AND THE CONTENT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.
16. LIMITATION OF LIABILITY
16.1 In no event will Proper or its affiliates, property owners, contractors, suppliers, content-providers, and other similar entities, and the officers, directors, employees, representatives, and agents of each of the foregoing (collectively, the “Proper Parties”), be liable to you, your Company, or any third party for any losses or damages, alleged under any legal theory, arising out of or in connection with: (a) your use of, or reliance on, the Website or the Content; (b) the Proper Parties’ performance of or failure to perform their obligations in connection with these Terms; (c) the defamatory, offensive, or illegal conduct of other users of the Website or of third parties; or (d) your purchase or use of any goods or services provided by third parties.
16.2 Under no circumstances will the Proper Parties be liable to you, your Company, or any third party for any indirect, consequential, incidental, punitive, special, or similar damages or costs (including, but not limited to, lost profits or data, loss of goodwill, loss of or damage to property, loss of use, business interruption, loss of contracts; loss of anticipated savings; wasted management or office time; claims of third parties, and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise) arising out of or in connection with these Terms or the use of the Website or the Content, or the transmission of information to or from the Website over the Internet, even if they were advised, knew, or should have known of the possibility of such damages or costs. In a jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of the Proper Parties will be limited in accordance with these Terms to the extent permitted by law.
16.3 Without limiting any of the foregoing, if the Proper Parties are found liable to you or to any third party as a result of any claims or other matters arising under or in connection with these Terms, the Website, or your use of the Website, the maximum liability for all such claims and other matters will not exceed $100 in any calendar year.
You agree to defend and indemnify the Proper Parties and their officers, directors, employees, representatives, and agents, against all claims, demands, suits, or other proceedings, and all resulting loss, damage, liability, cost, and expense (including reasonable attorneys’ fees), made by any third party arising out of: (a) content, data, or information that you submit, post to, or transmit through the Website; (b) your access to and use of the Content, the Website, and other materials, products, and services available on or through the Website and the Proper Parties; (c) your violation of these Terms; (d) your violation of any rights of any third party; (e) your website; and (f) any unauthorized use of a username, password, or account number. We reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you.
These Terms will be construed and enforced in accordance with the laws of the State of California. You and your Company agree that any cause of action arising under these Terms or otherwise involving this Website will be brought exclusively in the United States District Court for the Central District of California or in any California state court having jurisdiction over the matter. You and your Company expressly consent to jurisdiction and venue in such courts.
19. WAIVER OF JURY TRIAL
YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTIONS, SUITS, OR PROCEEDINGS ARISING OUT OF OR RELATING TO THESE TERMS AND THE MATTERS CONTEMPLATED HEREBY.
20.2 Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.
20.3 Any provisions of these Terms that are reasonably inferable to have been intended to survive termination (including, but not limited to, any provisions regarding limitation of our liability or indemnification) will continue in effect beyond any such termination of access to this Website.
20.4 These Terms do not confer any rights, remedies, or benefits upon any person other than you.
20.5 We may assign our rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without our prior written consent.
20.6 Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.
20.7 If any provision of these Terms is held to be invalid or unenforceable, that provision will be stricken and will not affect the validity and enforceability of any remaining provisions.
20.8 Possible evidence of use of the Website for illegal purposes will be provided to law enforcement authorities.
20.9 Discontinuation of use of this Website is your sole right and remedy for any dissatisfaction with the Website or any of the Content.
20.10 If we take any action to enforce this Agreement, we will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorneys’ fees and any cost of litigation, in addition to any other relief, at law or in equity, to which we may be entitled.
20.11 YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THIS WEBSITE 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.
21. OTHER AGREEMENTS
If you have entered into a separate agreement with Proper with respect to your use of the Website or any Content, that agreement will supersede these Terms to the extent they are in conflict.
Please contact us with any questions regarding the Website or these Terms at:
1729 Abbot Kinney Boulevard
Venice, California 90291
BY ACCESSING AND USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS.