Limitation of liability.
The services, materials and information on the web site are provided on an “as is” basis and “caveat emptor” (buyer beware) basis. Moonstone Hotel Properties makes no warranty or representation of any kind, whether express, implied or statutory, or otherwise including without limitation, any implied warranties or conditions of satisfactory quality, merchantability, fitness for a particular purpose, accuracy, completeness and expectation of or non-infringement of privacy.
Links to third party sites
Any links provided on this site may allow the user to leave the site. The linked sites may not be under the control of Moonstone Hotel Properties, as such Moonstone Hotel Properties shall not be responsible for the content of any linked site or link contained in a linked site. Moonstone Hotel Properties provides these links as a convenience only and the inclusion of any link does not imply an endorsement by Moonstone Hotel Properties of that site.
Moonstone Hotel Properties may at any time, in it’s sole discretion:
> Revoke the access of any user to this site
> Modify, change, withdraw this site and/or these conditions of use or any policy mentioned on the site in whole or in part.
Certain logos, marks, names or products mentioned in these terms or referenced on this site may be trademarks, trade names or service marks of Moonstone Hotel Properties or of other companies and their respective owners.
Any software that may be made available to download from the server of this site may be the copyrighted work of Moonstone Hotel Properties, its subsidiaries, affiliates and/or its suppliers. Use of the Software is governed by the terms of the end – user license agreement, which accompanies or is included with the Software (“License Agreement”). Any Software made available for downloading is solely for use by end – users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS OTHERWISE LIMITED BY APPLICABLE LAW AND EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, MOONSTONE HOTEL PROPERTIES HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
License to Moonstone Hotel Properties
By posting messages, uploading files, inputting data or engaging in any form of communication through this site, you are granting Moonstone Hotel Properties, it’s subsidiaries and affiliated partners a royalty free, perpetual, nonexclusive, unrestricted worldwide license to
> Use, copy, sublicense, adapt, transmit, re-transmit, distribute and/or publicly perform or display any such communication
> Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to communication
The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to, under copyright, trademark, service mark, patent laws or the law of ideas under any relevant jurisdiction.
MOONSTONE HOTEL PROPERTIES DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION. COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT MOONSTONE HOTEL PROPERTIES IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. EXCEPT AS OTHERWISE LIMITED BY APPLICABLE LAW, IN NO EVENT WILL MOONSTONE HOTEL PROPERTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING MOONSTONE HOTEL PROPERTIES SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE MOONSTONE HOTEL PROPERTIES SOFTWARE OR SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE
Limitation of liability
Under no circumstances, including, but not limited to, negligence, shall Moonstone Hotel Properties , its subsidiaries or affiliates be liable for any direct, indirect, incidental, special or consequential damages that arise from the use of, or the inability to use any materials on this site. You specifically acknowledge and agree that Moonstone Hotel Properties is not liable for any defamatory, anticompetitive, offensive or illegal conduct of any user. If you are dissatisfied with any Moonstone Hotel Properties material, or with any of Moonstone Hotel Properties ‘ terms and conditions, your sole and exclusive remedy is to discontinue using the site.
This agreement is effective until terminated by Moonstone Hotel Properties, at any time without notice.
You agree to defend, indemnify, save and hold harmless Moonstone Hotel Properties , its subsidiaries, affiliates, licensees and their respective directors, officers, employees and agents from and against all liabilities, claims, damages and expenses, including reasonable attorneys’ fees, arising out of your use of the site, or your violation or alleged violation of the terms of this agreement.
This agreement shall be governed by and construed in accordance with the laws of the state of California without giving effect to any principles or conflicts of law. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.