Privacy Policy & Terms of Use
Columbia Hospitality, Inc. (“Columbia“) and its affiliated companies operate various properties throughout the United States (“Properties“), as listed at www.columbiahospitality.com (“Site“). Throughout this Privacy Policy, “Sites” refers to this Site and, as applicable, those other websites that Columbia owns or operates, and websites where this Privacy Policy is posted. Under this Privacy Policy, Columbia and its affiliates are referred to as “Columbia” or “we, us, and/or our“. Except where otherwise provided, other capitalized terms have the meanings set forth in the Terms of Use at https://columbiahospitality.com/terms-of-use/ (“Terms“).
PURPOSE
This policy (“Privacy Policy”) describes, among other things:
- The Personal Information (as defined below) we collect about you
- How we use the Personal Information we collect
- The categories of third parties with whom we share Personal Information about you
- Your right to review and correct Personal Information we have collected about you
- What we do to protect Personal Information we have collected about you
- Your right to opt-out of commercial email messages
- How we interact with linked sites
- Specific terms applicable to California residents
- Our right to change the terms of this Privacy Policy
This Privacy Policy outlines how we handle Personal Information we collect from all residents, including those residents of the European Union, which includes the purpose and legal basis for collecting that information, how long we retain it, and your right to object to the collection of the information.
Together with the Terms, this Privacy Policy is a legally binding agreement between you and Columbia. By accessing or using the Sites or by registering for an account (a “User Account“), purchasing or subscribing to any services provided by Columbia (the “Services“), or making a reservation at one of the Properties, you consent to the Terms and this Privacy Policy, including our collection, use, and disclosure of your Personal Information as described below. Please read this Privacy Policy carefully.
SCOPE
This Privacy Policy applies only to Personal Information. It does not cover data we collect that cannot be used to identify an individual or to pseudonymous data. Nor does it include encoded or anonymized information or aggregated data which we collect or create about a group or category of services, features or users which does not contain personally identifying information. We reserve the right to share aggregate, encoded, or anonymized information with potential partners or other third parties without restriction.
WHAT IS PERSONAL INFORMATION?
For the purposes of this Privacy Policy, “Personal Information” means, generally, information that can be linked, directly or indirectly, to you or your household, this may include your first and last name, your email address, your home or other physical address, including a street name and name of a city or town, your telephone number, your social security number, any payment or financial information, IP address or other online identifiers..
INFORMATION WE COLLECT
We collect Personal Information you provide to us and when you use the Sites and/or our Services. We collect Personal Information in order improve our services, to deliver services and perform obligations under contracts we have with you, to comply with our own legal obligations, and for other purposes as described below.
Information You Give Us: We receive and store any Personal Information you post to the Sites or provide to us when you set up a User Account, sign up for our newsletters or promotions, purchase Services, plan meetings or events, apply for employment, or make a reservation at one the Properties. For example, if you make a reservation at one of the Properties, we will ask you for information such as name, address, telephone number, email address, credit card number, and room preference to process your reservation. We may use your email address to send a confirmation and, if necessary, may use the other information to contact you for help to process the reservation. As indicated below, we may also use your email address to notify you about special offers and promotions, including from Columbia Hospitality, the Properties and our partners. You can choose not to provide such Personal Information, in which case you will not be able to access or use portions of the Sites or some of their features.
Automated Collection: We automatically receive and store certain types of information when you visit the Sites, such as the name of the domain and host from which you access the Internet; the IP address of the computer you are using and the browser and operating system you are using; the date and time you access the Sites; the Internet address of the website from which you linked to the Sites; any search terms you used to find the Sites; the device identifiers and mobile and network information, and your actions on the Sites.
Payment and Credit Card Information: We may require your credit card or other payment information in order to process purchases and reservations. In limited cases, we may also collect information relating to the credit of customers.
Log Data: Our web servers may collect “log data.” Log data provides aggregate information about the number of visits to different pages on the Sites. We use log data for troubleshooting purposes and to track which pages people visit in order to improve the Sites. Third-party vendors may also collect aggregate log data independently from us.
Cookies and Other Technologies: We automatically receive and store certain types of information when you visit the Sites through the use of cookies, web beacons, or similar programs to collect the information described above. Cookies are strings of text that a website may store on your computer. Cookies enable the Sites to keep track of your preferences and activities when you use or visit the Sites.
The Sites create session cookies for each visit in order to facilitate your visit. The session cookie expires at the end of the session.
We may also use “persistent” cookies, which remain on your device for much longer. Cookies do not corrupt or damage your computer or computer files.
We use cookies for authentication, to remember your settings, to keep track of your activity during a visit to the Site, to conduct usability tests, to improve Site performance, and to implement certain features of the Site.
We use analytics and customization cookies, including third party cookies, to gather information on how our Sites are being used by our visitors and to measure how popular our marketing campaigns are. We use the data we get to help customize our Sites and services for you and make the content you see as relevant as possible. We may also use the data we collect to help identify and prevent fraud, and to track visits from our affiliates or partners.
Social networking cookies allow visitors to share our pages and content through third-party social networking websites.
Targeting/advertising cookies help us to customize and regulate (e.g., by capping the frequency of) the advertisements you receive, provide you with tailored offers, and measure the effectiveness of our advertising. For instance, if we target an ad campaign through an online advertising network, we might use cookies on our Sites to estimate how many viewers of the ad later visited our Sites – and therefore, how effective the ad campaign was. Or, we might “retarget” visitors to our Sites by providing them offers (whether through online display media, email or direct mail) similar to those they viewed or expressed interest in during their Site visits.
You can control the use of cookies at the individual browser level. In addition, some Sites may request your consent to the placement of cookies. If you consent, you may later remove cookies as your browser permits. If you reject or remove cookies, you may still use our Sites, but your ability to use some features or areas of our Sites may be limited. For more information about the use of cookies and how to block them, visit www.allaboutcookies.org, www.youronlinechoices.eu (Europe) or www.aboutads.info/choices (United States).
You may opt out of receiving personalized advertisements from advertising companies that are members of the Network Advertising Initiative or who subscribe to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising by visiting http://www.networkadvertising.org/choices and www.aboutads.info/choices.
Our business partners may also use cookies on our Sites for the same general purposes identified in this Privacy Policy, including to improve their own marketing, products or services. Third parties may use cookies and other technologies to collect information about your online activities over time and across different websites. Third parties we work with may also use other “device-graphing” information in order to make inferences and connections about our customers and potential customers across various devices – such as mobile phones, tablets and browsers. (These companies may, for instance, make inferences that devices seen at a common IP address are used by common users.) Companies that we share information with may use the information we provide to them, often in combination with their existing information, to provide you with more relevant advertising. Please see the “Do not Track” section below for more information regarding personalized advertisements and your “Do not Track” options.
Web Beacons: Some of the pages on the Sites may contain electronic images known as web beacons that allow use to count the number of users who have visited those pages. These collect only limited information such as a cookie number, time and date of a page view, and a description of the page on which the web beacon resides. These web beacons do not carry any personal Information and you cannot opt-out or refuse them. However, where they operate with cookies, you can render them ineffective by changing the cookie setting in your browser.
Marketing emails: We use third party service providers to send our marketing emails. There are no cookies in the email. However, they may contain e-tags, which permits you to share the mail via social sites to which you subscribe. In addition, when you click on a link to the Sites included in the email, a persistent cookie is placed on your computer. This cookie is used to measure the effectiveness of our email marketing efforts, better understand how our users navigate through the Sites, and enhance user experience. To that end, we collect a variety of information about how you interact with our marketing efforts, including how many times the email is opened and/or clicked, the browser type used, operating system, user email program, etc. The cookie set by our service providers will remain on your hard drive 30 days after the last time you clicked on the coded link in the email, or until you delete it.
In addition, the third parties that assist with our marketing emails may use pixel tags that help us send the email in a format you can read, to allow us to know which emails you act upon and to better target the content of future emails. We also use these tags to track the aggregate number of emails read and whether any of the links in the email were accessed.
Advertisements: We use third party service providers to serve and host our advertisements. You may receive our ads on these third party sites. These third parties use persistent cookies to track the number of times our site is accessed and whether the site was accessed from the advertisement. The cookies generated from the advertisements do not contain Personal Information and may remain on your hard drive three or more years unless you delete them. If you do not want Personal Information about you used for this purpose, you may opt-out by following the procedure described below. Note, however, that where we use a third party to provide advertising, email marketing or similar services, each such third party will have its own opt-out process, which it will manage and control. You will need to follow those procedures to opt-out of the services they provide.
Personal Profiles: We may collect and maintain Personal Information about you to create a personal profile containing your preferences and other information that you voluntarily provide. This profile may also include information we have obtained from other sources. Examples of the types of information we may collect for this purpose include (i) high vs. low floor, smoking vs. non- smoking room, beverage and pillow type preferences; (ii) whether you participate in travel rewards programs; (iii) email communications with you; and (iv) responses to customer service surveys. Creating and completing a member profile allows you to make reservations more easily and also allows us to enhance your experiences. We will share your preference profile with the Property when you book with the Property. You don’t need to create a profile, but if you do, you must consent to our collection and use of any Personal Information you provide to us, the terms of this Policy, and our Terms https://columbiahospitality.com/terms-of-use/. You can later withdraw your consent, but by creating a profile, you affirmatively consent to our collection and use of the information you provide as described herein.
OUR USE OF PERSONAL INFORMATION
We may use the Personal Information provided or obtained through the Sites to:
- Process reservations;
- Process applications for employment;
- Perform research and analysis about your use of, or interest in, our services, or content;
- Communicate with you by email, regular mail, telephone, or mobile devices, about services that may be of interest to you either from us or from other third parties;
- Develop and deliver our newsletter;
- Tailor your user experience;
- Develop and display third-party content and advertising tailored to your interests on the Sites;
- Enforce our Terms;
- Manage our business;
- Notify you of changes to our services;
- Send you information you have requested;
- Process entries to a competition or promotion;
- Carry out obligations under any contract we have with you;
- Perform functions as otherwise described to you at the time of collection;
- In connection with the creation and maintenance of your User Account; and
- In connection with the processing and fulfillment of services you purchase.
We generally store Personal Information in the United States as long as reasonably necessary to fulfill the purposes described in this Privacy Policy, as we determine is necessary for business records, and as required under applicable law. However, we may transfer your Personal Information from the United States to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating our business. By providing any information to Columbia, you consent to such transfer, storage, and processing.
DISCLOSURE OF PERSONAL INFORMATION TO THIRD PARTIES
General: We do not share the Personal Information provided or obtained through the Sites with third parties, except as described below and as otherwise specified in this Policy. We may share Personal Information as follows:
- With the third parties that perform(s) maintenance and operation of the Sites on our behalf. These parties are bound by a confidentiality agreement prohibiting the unauthorized disclosure and/or use of your Personal Information.
- With other third parties that perform services or functions on our behalf. We do not authorize such third parties to use your Personal Information for any other purposes.
- With third parties, such as social sites (including Facebook and Instagram), to which you subscribe in order for you to link to them through our site and view our content through those sites.
- As we believe is necessary to comply with applicable laws, statutes, or regulations, and/or to enforce this Privacy Policy and the Terms and to protect our rights and the rights of others.
- As required by a court or government agency or to respond to a claim by you or a third party
- As part of a transfer of our assets, for example in the event of a merger, acquisition, corporate change or, in the unlikely event of a bankruptcy, involving Columbia.
- As you may otherwise request or agree.
Reservations: Reservations for the Properties are handled directly with the applicable Property website or our booking partner (“Booking Company“). You can also make reservations through third party services, as described in the terms and below. If you make a reservation directly with a Property website or use the Booking Company, the Property (or, as applicable, the Booking Company) will collect and process Personal Information about you in order to process and manage your reservation and for other purposes described in the Terms and this Privacy Policy. Also, as below, by entering into a business transaction with a Property, you consent to our use of this information for direct marketing of Columbia, one or more of the Properties, other of our products, or the products of select, reputable third parties offer products or services that we believe would of interest to you. We may use the services of a third party mail house for the purpose of mailing materials.
Affiliates and Business Partners: We share much of our data, including Personal Information about you, with our affiliated entities, business partners and joint ventures when it is reasonably necessary for the purposes otherwise permitted in this Privacy Policy. This includes the owners of the Properties we manage or operate.
Service Providers: We use third party service providers to provide specific business support services to us which may involve limited access to Personal Information. We require these companies to use the information only to provide the contracted services and prohibit them from transferring the information to another party except as needed to provide the contracted services. Examples of such services include sending emails, conducting and administering promotions, executing surveys, providing customer service, performing business analysis, and processing payments. We are not responsible for the actions of service providers or other third parties, nor are we responsible for any additional information you provide directly to any third parties.
Business Transactions: We may disclose your Personal Information as part of any merger, sale of company assets or acquisition, as well as in the event of an insolvency, bankruptcy or receivership. The recipient of Personal Information following such actions may have privacy policies that differ from those in this Policy. You will be notified via email and/or a prominent notice on the website, and you may opt- out of the use of your existing information in a new manner.
Special Events: If you choose to participate in a special event (for example, a promotion, contest, or sweepstakes), we may share your Personal Information with those organizations participating in the applicable event.
Other purposes: We may use and share Personal Information for other purposes with your consent.
Disclosure: Upon request we will provide you with information about whether we hold, or process on behalf of a third party, any of your Personal Information. To request this information please contact us at info@columbiahospitality.com.
Other Privacy Policies: Any third parties to whom we may disclose Personal Information may have their own privacy policies that describe how they use and disclose Personal Information. Those policies will govern use, handling, and disclosure of Personal Information once we have shared it with those third parties as described in this Policy. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties.
CHILDREN
The Sites are not directed at children, and we do not knowingly collect Personal Information directly from users under the age of 13 or from other web sites or services directed at children. Consistent with the Federal Children’s Online Privacy Protection Act of 1998 (COPPA), we will not knowingly request or collect Personal Information from any child under age 13 without obtaining the required parental consent.
CORRECTIONS AND UPDATES
If you want to view your Personal Information, or delete or modify such information that is inaccurate, you may do so by sending an email to info@columbiahospitality.com. In making modifications you must provide only truthful, complete, and accurate information. We may limit your right to make changes to Personal Information where the burden or expense of providing access would be disproportionate to the risks to your privacy or where the legitimate interests of other persons may be violated.
Please note that notwithstanding your request to change or delete Personal Information, we may be required to keep this information and not modify or delete it, or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements. When we delete any information, it will be deleted from the active database, but may remain in our archives. In some instances, however, Personal Information that you requested to be removed may be retained in certain files for a period of time in order to troubleshoot problems. In addition, some types of Personal Information may be stored indefinitely on back-up systems or within log files due to technical constraints or financial or legal requirements. Therefore, you should not always expect that all of your Personal Information will be completely removed from our databases in response to your request.
In addition to deleting Personal Information, you may choose to opt-out of receiving future newsletters, promotions or any other email communications from us by following the unsubscribe instructions included in the communications, or by contacting us via email as provided above. All promotional emails from us include an opt-out link which can be processed within 24-hours. You may also opt-out of promotions by sending us an email in response with “unsubscribe” or “opt-out” in the subject line of the email. Opting out of promotional communications does not affect our communications with you via telephone or email related to any business we may have with you or other transactional emails.
We reserve the right to verify the identity of any person making a request to opt-out or to delete or modify incorrect Personal Information, to charge you a fee before providing access and to deny such requests, except as prohibited by law; provided, however, that we will have no liability of any kind resulting from false or erroneous requests or any change or deletion we make for any reason.
STORING YOUR PERSONAL INFORMATION
We will retain the Personal Information you give us or we collect for as long as you maintain your User Account or subscription to our newsletters or other content, participate in any of the social features on the Sites, enter any promotions or use any of our other Services, and for a reasonable time thereafter. We will retain and use Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Otherwise we will retain Personal Information for up to twenty- four (24) months and thereafter may store it in aggregate. If you would like us to delete the Personal Information you have provided to us, please contact us at info@columbiahospitality.com and we will respond in a reasonable time. Please note that some or all of this information may be required in order for you to make use of services and features available via the Sites. If you remove this information, you may no longer be able to use these features.
SOCIAL MEDIA
The Sites may include social media features, such as the Facebook Like button, and widgets such as the “Share This” button or interactive mini-programs that run on the Sites. These features may collect your IP address, which page you are visiting on the Sites, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on the Sites. Your interactions with these features are governed by the privacy policy of the company providing each feature.
SECURITY
We have employed the following security measures in place to protect against loss, misuse and alteration of Personal Information under our control. When you enter Personal Information to book a reservation or set up an account, we encrypt that information using secure socket layer technology (SSL). In addition, electronically stored Personal Information is stored on a secure network with firewall protection and access to our electronic information systems requires user authentication via password or similar means. We also employ access restrictions, limiting the scope of employees who have access to Personal Information.
THIRD PARTY WEBSITES
The Sites may contain links to other websites. We do not control, and make no representations whatsoever regarding, such other websites or the products and services offered by or through websites accessed through links on the Sites, even those with which we may have an affiliation.
If you visit one of our Sites and decide, for example, to purchase a gift certificate, make reservation, rent a car, submit award request forms or apply for a job online, you may be seamlessly linked to websites maintained by third parties with whom we have contracted to provide those services. In some instances these websites may be co-branded and display our logos or other trademarks. You should always look at the location bar within your browser to determine whether you have been linked to a different website. This Privacy Policy, and our responsibility, is limited to our own information collection practices.
We are not responsible for, and cannot always ensure, the information collection practices or privacy policies of other websites maintained by third parties or our service providers where you submit your personal information directly to such websites. In addition, we cannot ensure the content of the websites maintained by these third parties or our service providers, even if accessible using a link from our websites. We urge you to read the privacy and security policies of any external websites before providing any personal information while accessing those websites. If you decide to access third party websites linked through the Sites you do so at your own risk.
RESERVATIONS THROUGH THIRD PARTIES
In addition to making reservations for Properties directly through us and/or our Booking Company, you may make reservations for the Properties through aggregators like Booking.com, Expedia, Orbitz, or Kayak (“Aggregators“). If you use an Aggregator to book reservations at the Properties, they may have different privacy policies and you are responsible for reviewing them before you make a reservation. If you use another online booking website to reserve lodging at a Property, you do so at your own risk and you should carefully review the privacy policy and terms of any such websites.
COMMERCIAL ELECTRONIC MESSAGE CONSENT
By providing your email address to us through the Sites or entering into a business transaction with one the Properties, you affirmatively and expressly consent to receiving commercial emails from Columbia, the Properties, and those parties that process email communications on our behalf. Columbia and these third parties may send you commercial emails in order to deliver the Newsletter, to provide you with more information about available services you have purchased, and to provide you with updates, special offers, and other information, including but not limited to Site updates and offers or promotions from Columbia and/or the Properties.
CHANGES TO THIS PRIVACY POLICY
We may modify this Privacy Policy from time to time as we deem necessary or appropriate due to changes in our business practices or changes in the law. If we decide to change this Privacy Policy we will notify you of any material changes by email or by means of a notice on the Site, prior to the changes becoming effective so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.
OTHER TERMS AND CONDITIONS
Your access to and use of the Sites and our services are also subject to our Terms. In addition, each Property may have its own terms, including additional policies governing the collection and use of Personal Information. Your access and use of services available from each Property is also subject to the terms applicable to that Property as presented on the Site for that Property. You should carefully review the privacy policy and terms of these Property Sites.
CONTACT US
If you have any questions about this Privacy Policy or our privacy practices, contact us at info@columbiahospitality.com. We will respond to your request to access within 30 days.
CHANGES TO THE PRIVACY POLICY
We reserve the right to change or modify this Privacy Policy as we deem necessary or appropriate due to changes in our business practices or changes in the law. If you have provided us with your email address, we will attempt to notify you by that address of any material changes to how we use your Personal Information.
TERMS APPLICABLE TO CALIFORNIA RESIDENTS
“Do Not Track”. Section 22575 of the California Business & Professions Code requires website and online service operators to disclose whether they honor web browser “Do Not Track” settings. We support and honor “Do Not Track” web browser settings. If you enable Do Not Track settings in the browser you are using, we will not collect, store, or use Personal Information about websites you visit using that browser other than www.columbiahospitality.com and our other Sites. Other parties, however, may not honor Do Not Track signals. These parties may collect Personal Information about your online activities over time and across different web sites when you visit the Sites, for example by using cookies on our Sites. We have no access to or control over other parties’ Personal Information collection practices, even those with which we may have an affiliation. You should carefully review the privacy policy and terms of any website you visit. For more information about Do Not Track, please visit www.allaboutdnt.org.
Your California Privacy Rights. Effective January 1, 2005, under California Civil Code Section 1798.83, if an individual who is a California resident has provided Personal Information to a business in connection with a business relationship that is primarily for personal, family, or household purposes, and if that business has within the immediately preceding calendar year disclosed such an individual’s Personal Information to a third party and knows or should have known that such third party used the information for its own direct marketing purposes, then that business is obligated to disclose in writing to such individual upon request, what Personal Information was shared and with whom it was shared.
Any request for a disclosure required under this California law should be sent to us via email at info@columbiahospitality.com or via regular mail at:
Columbia Hospitality, Inc.
ATTN: Legal Department
2200 Alaskan Way, Suite 200
Seattle, WA 98121
Please note that under this law, we are not required to respond to your request more than once in a calendar year, nor are we required to respond to any request that is not sent to the email or mailing address designated above.
INTERNATIONAL VISITORS
The Sites are hosted in and provided from the United States and are intended for those visiting the United States. If you use the Sites from the European Union (E.U.), Canada, or other countries or regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your Personal Information to the United States for storage and processing. The United States does not have the same data protection laws as the E.U., Canada, and other countries or regions.
TERMS APPLICABLE TO DATA FROM E.U. MEMBER COUNTRIES
The Sites are directed at consumers in the United States and the Properties we own or operate are located in the United States. In most cases, the Personal Information we collect is stored and used in the United States.
While we do not direct our Services to residents of the E.U., it is possible that E.U. residents may access and use the Sites. If we collect Personal Information from E.U. residents in a manner subject to the General Data Protection Regulation then, in addition to the above, the following terms shall also apply to our collection, use and retention of that information:
Basis for Collection: As set out above, we collect and process Personal Information for which you have given your express consent at the time of collection. For example, we collect Personal Information when you elect to participate in one of our promotions. We also collect and process Personal Information in order to improve our Services, to deliver Services and perform obligations under contracts we have with you, and to comply with our own legal obligations.
Sensitive Data: We do not collect sensitive data, (as defined in General Data Protection Regulation 2016/679) for example, biometric data, health data, or data revealing racial or ethnic origin, from visitors to the Sites.
Onward Transfer: Except as otherwise provided in this Privacy Policy, we only disclose Personal Information to third parties who reasonably need to have access to it for the purpose of the transaction or activity for which it was originally collected or to provide Services or to perform tasks on our behalf or under our instruction. All such third parties must agree to use such Personal Information we provide to them only the purposes for which we have engaged them and they must either: (a) comply with the E.U.-U.S. Privacy Shield Principles or another mechanism permitted by the applicable E.U. & Swiss data protection law(s) for transfers and processing of Personal Information; or (b) agree to provide adequate protections for the Personal Information that are no less protective than those set out in this Privacy Policy. Where we have knowledge that an entity to whom we have provided Personal Information is using or disclosing Personal Information in a manner contrary to this Privacy Policy, we will take reasonable and appropriate steps to prevent, remediate or stop the use or disclosure.
Authorized Transfer: We also may disclose Personal Information for other purposes or to other third parties when you have consented to or requested such disclosure. Please be aware that we will disclose Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We are not liable for appropriate onward transfers of Personal Information to third parties.
Data Processors: We may retain third parties to process or analyze Personal Information we collect from the Sites. For example, a Site may be maintained or hosted by a third party service provider, a promotion may be administered by a sales promotion agency, and/or products may be fulfilled by a wholesaler. These suppliers and other third parties who provide services for us are contractually obligated not to use Personal Information about you except as we authorize.
Profiling: We may analyze Personal Information we have collected about you to create a profile of your interests and preferences so that we can contact you with information that is relevant to you. We may make use of additional information about you when it is available from external sources to help us do this effectively. We may also use Personal Information about you to detect and reduce fraud and credit risk.
Your Rights: Your rights include: (a) a right to withdraw your consent to the processing of Personal Information about you to which you have previously given consent; (b) a right to object to processing of Personal Information about you for the purpose of direct marketing; and (c) a right to have any incorrect part of the Personal Information about you corrected or removed. If you wish to exercise any of these rights, send an email to us at info@columbiahospitality.com.
If you request to have incorrect Personal Information removed, we may retain some of your Personal Information as necessary for the purposes of our legitimate business interests or in furtherance of public interests in accordance with the Privacy Shield Principles. Any Personal Information you have shared publicly with others may continue to be publicly visible on the Sites.
You also have the right to obtain a copy of the Personal Information we have about you, although we reserve the right to charge a reasonable fee for this depending on the nature and frequency of your request(s) and our cost to provide the information.
Questions and Complaints: If you have questions or complaints regarding this Privacy Policy or our handling of Personal Information about you, please contact us at info@columbiahospitality.com.
Enforcement and Disputes: We commit to resolve complaints about your privacy and our collection or use of your Personal Information in a timely and reasonable manner. If you do not receive timely acknowledgement of your request or have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact us at info@columbiahospitality.com.
In addition to the above, you may lodge a complaint with your home data protection authority and can invoke binding arbitration for residual claims not resolved by other redress mechanisms. Contact details for the E.U. data protection authorities can be found at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
Updated 10/30/2020
TERMS OF USE
These Terms of Use (the “Terms”) are applicable to: (i) your use of this website (the “Site”) and (ii) the websites of each one of the properties identified on the Site (each a “Property”) owned or managed by Columbia Hospitality, Inc., and/or its subsidiaries and affiliates (collectively hereinafter referred to as “Columbia” or “we, us, and/or our”). Throughout these Terms, “Sites” refers to this Site and, as applicable, those other websites that Columbia owns or operates that are accessible from the Site.
These Terms of Use (“Terms”) apply to your use of the Site, the websites of each of the Properties, and the services (“Services”) available through the Site. They may also be supplemented by additional terms from the Property websites and terms governing specific Services.
BINDING AGREEMENT
BY ACCESSING, USING, VIEWING, TRANSMITTING, CACHING OR STORING THE SITE OR ANY OF THE SERVICES, FUNCTIONS OR CONTENTS AVAILABLE ON OR THROUGH THE SITE, YOU AGREE TO BE BOUND TO THESE TERMS, CONDITIONS, AND NOTICES IN THE SITE (“AGREEMENT”) WITHOUT MODIFICATION. IF YOU DO NOT AGREE, DO NOT USE THE SITE.
These Terms govern your use of the Site and related Services and supersede any prior agreement between you and Columbia. We may periodically modify the Terms without notice. Changes to the Terms will be effective (a) 30 days after we provide you with email notice of the changes or (b) the date on which they are posted on the Site. If you do not agree to any change to the Terms, you must cease use of the Site and Services. Your continued access and use of any of the Site and Services signifies your acceptance of the Terms as modified.
Columbia may terminate your use of the Sites and Services if you do not comply with these Terms. ANY DISPUTE BETWEEN YOU AND Columbia MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION, as more fully described below.
PRIVACY
We respect the privacy of visitors to the Site. Please review our Privacy Policy at https://columbiahospitality.com/privacy-policy/ (the “Privacy Policy”). The Privacy Policy, as amended from time to time, is incorporated into and made a part of these Terms.
USE OF SITE
The Sites and the Services are available only to individuals who can form legally binding contracts under applicable law, and thus, are not available to minors. By using any of the Sites, you represent that you are of sufficient legal age to use the Sites and to create binding legal obligations for any liability you may incur as a result of the use of the Sites.
COLUMBIA SERVICES
The Sites provide you with the ability to access various Services and content, including information about our Properties, learn about travel opportunities and upcoming events in the cities where the Properties are located, and connect with other users through our linked social sites. From the Sites you may also subscribe to our marketing emails, share your own travel photos and stories, and buy our gift certificates or gift cards. All of the Services and content accessible through the Sites are for your personal, non- commercial use only and your access to and use of them are subject to these Terms.
The Services and content available through the Sites are subject to change and, in some cases, may be subject to additional terms of use. For example, additional terms apply to contests and apps accessible through the Sites. We will notify you of these “Supplemental Terms” in connection with the applicable Services, content or features.
Some of the features of the Sites require you to create a user profile or user account and some may require you to pay fee. We will notify you when this is required. In addition, when you access the Sites through a mobile network, your mobile network provider’s messaging, data and other fees may apply.
THIRD PARTY PRODUCTS / SERVICES AND WEBSITES
In addition to the content and Services we provide, the Sites may provide you with the ability to access products, content, and services offered by or maintained by third parties. In some Sites, these may be accessible directly through the Sites. In other Sites, access may be via links from the Sites to third party websites. Regardless, we are not responsible for the products, content or services available from third parties – even if they are provided through the Sites – or for how third-party sites are managed or the terms applicable to your use of them. Your access to and use of these third-party materials and websites are governed by the terms established by their owners/operators. You are responsible for reading those terms before you access or use the third-party products or websites. We accept no responsibility for any third-party materials or websites or for any loss or damage that may arise from your use of them. If you decide to access or use any third-party materials or websites, you do so exclusively at your own responsibility and risk and you waive and release Columbia from any and all claims related to any third- party website.
PROPRIETARY RIGHTS AND LICENSE
All of the products, content and Services available through the Sites are protected by copyright owned by Columbia or its licensors or licensees. This includes all products, product descriptions, videos, text, graphics, logos, images, photographs, artwork, derivative works, software, and any other material or information published on or used in connection with the Sites (collectively, the “Site Content”). Similarly, all trademarks, service marks, trade names, trade dress and other indicia identifying the Sites, Columbia, the Properties, or the products or Services available through the Sites (“Marks”) are owned by Columbia or it licensors or licensees. You do not obtain any rights in any of the products, content, or services available on the Sites or other Site Content or the Marks by your use of the Sites or otherwise. However, so long as you comply with these Terms, you do receive a limited license to use them as provided below. All rights in the products, content or Services and other Site Content and Marks are reserved to their respective owners.
Subject to these Terms, Columbia grants you a personal, non-transferable, and non-exclusive limited license to access and use the Sites for your own personal, non-commercial use. This license includes the right to (a) copy and download materials from the Sites as needed for you to view them through your browser and (b) print screen shots of products, product descriptions, and similar materials for your personal reference use, provided you do not delete or modify any copyright or other proprietary notices. We may terminate this license upon notice to you, in which case you must cease all use of the licensed materials. Except as otherwise expressly permitted, you are not permitted to make any other use of the Sites or the Site Content.
In addition to the above license, some content and Services may have their own license terms. For example, apps you may need to download and install to use Instagram® or Facebook® will all have their own license terms which are in addition to these Terms.
LICENSE RESTRICTIONS
As above, the license we grant to you for the content and Services is limited. It is also subject to certain restrictions. Unless we give you express written authority, you may not (a) resell any of the products, content or Services or any other Site Content (or any portion thereof) on the Sites; (b) distribute, publicly perform, or publicly display any of the above; or (c) modify or make any derivative uses of the Sites or the Site Content (or any portion thereof).
In addition, under no circumstances are you permitted to:
- use any data mining, scraper, spider robots, or similar data gathering or extraction methods to access, monitor, or copy any Site Content or other content or information used by the Sites;
- violate the restrictions in any robot exclusion headers on the Sites or circumvent any other measures used to prevent or limit access to the Sites;
- take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- engage in deep-linking to any portion of the Sites for any purpose;
- “frame”, “mirror” or otherwise incorporate any part of the Sites into any other web site;
- use the Sites or the Site Content other than for their intended purpose;
- post content to the Sites in violation of the Terms; or
- violate any of guidelines applicable to posting images or content to our blogs or user photo pages.
Any use of the Sites or Site Content other than as expressly permitted by these Terms will constitute a violation of the Terms and may constitute infringement of our intellectual property and other proprietary rights and a violation of applicable law.
USER INFORMATION
In the course of your use of the Sites, you may be asked to provide certain personalized information to us, such as your name, address, e-mail address, interests and preferences, and other personal data (“Personal Information”). For example, when subscribing to our marketing emails or posting photos you will be asked to provide your name, email address, and other information so we can send you email news and offers. Likewise, when you make a reservation or purchase a gift certificate or gift card through the Sites, you will be asked to provide information necessary for us to process your reservation and complete your purchase. Our policies for collecting, using and protecting User Information are set forth in our Privacy Policy at https://columbiahospitality.com/privacy-policy/, which is part of these Terms. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.
CREATING AN ACCOUNT
Some of the Services and features available through the Sites require you to set up an account (“User Account”) to access them. When you set up a User Account, you will be asked to provide certain information about yourself, including your name, email address, and other information. You will also be asked to select a unique password for your Account. You may use your Account to update, revise or delete your Registration Data (as defined below), purchase Columbia or the Properties products, register for promotions, and otherwise manage your use of the Services that require a User Account. By registering for an Account, you represent and agree (a) that you are at least 18 years of age; (b) that the information you provide during the registration process is accurate, current and complete (“Registration Data”); (c) not to impersonate or misrepresent your affiliation with any person or entity or use another person’s username, password or other account information, or provide false details for a parent or guardian; (d) to maintain the security of your Account password and identification; (e) to maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate and current; (f) to accept all risks of unauthorized access to the Registration Data and any other information you provide to us; and (g) to notify us immediately of any unauthorized use of your account or any other breach of security by emailing us at info@columbiahospitality.com.
We may suspend or terminate your Account at any time, for any reason, and without advance notice at our sole discretion and without any liability to you. If we suspend or terminate your Account or this Agreement, you understand and agree that (except as otherwise expressly provided) you shall receive no refund or exchange for any unused subscription, any license or subscription fees, any content or data associated with your Account, or for anything else.
RESERVATIONS
You can make reservations for any of the Properties through the Sites or by calling the property directly. Reservations from the Sites are handled by various third-party reservation companies (“Booking Company”), although you may make reservations through aggregators like Booking.com, Expedia, Orbitz, or Kayak (“Aggregators”). If you use the Booking Company or an Aggregator to book reservations at the Properties, additional terms may apply, and you are responsible for reviewing them before you make a reservation.
For information on cancellation and booking related policies, please refer to the terms and conditions on the applicable Property website and from the Booking Company.
SOCIAL AND COMMUNITY FEATURES
Columbia may offer various community features on the Sites, where you can post your favorite photo about your visit to one of our Properties. We also provide links to social sites including Facebook®, Twitter®, Pinterest®, etc. Access to these features may be subject to age restrictions and your use of those features are governed by these Terms as well as the terms of use, privacy policy, and community guidelines of the relevant social media platform. Unless otherwise expressly stated, we will not assume any obligation to monitor, filter, censor, edit, or regulate information or content provided by you or third parties through these social features, although we reserve the right to do so in our sole discretion. Columbia does not endorse, warrant the accuracy or reliability of, or assume any liability in connection with any such information or content provided by users or other third parties.
As to any information or content that you submit or post to the Sites, you represent and warrant that you have the right and authorization to do so without the need for additional permissions or consent of any third party. In addition to any other rules, guidelines or regulations that we may post in connection with a particular service or feature, you agree that you shall not do any of the following in or through the Sites:
- Upload, post, transmit (via e-mail, e-card, chat or otherwise), or otherwise make available any content, language or materials that are fraudulent, unlawful, defamatory, obscene, pornographic, vulgar, offensive, profane, sexually explicit, indecent, threatening, abusive, violent, illegal, rude, harassing, or otherwise improper, or that violates any applicable domestic or international law, or government regulation (including, without limitation, those of any city, municipality, state, foreign country, any securities exchange, the S.E.C., and the F.C.C.) or that contains software viruses, worms, or any other computer code or portions of code, programs, or files designed to interfere with, interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications or other equipment or to cause a security breach of such software, hardware, or other equipment;
- Upload, post, transmit (via e-mail, e-card, chat or otherwise), or otherwise make available any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of commercial or political solicitation, except in those areas of the Sites that we may expressly designate for such purposes;
- Engage in or run raffles, lotteries, contests, sweepstakes, or chain letters or other pyramid schemes;
- Disguise the origin of any content uploaded to, posted on, transmitted, or otherwise made available on or through the Sites, including, without limitation, by forging headers, providing inaccurate intellectual property notices, or otherwise manipulating identifiers;
- Modify, obscure, or eliminate Columbia frame set, banner advertising, or any other content or information that originates from the Sites;
- Promote, encourage or provide instructions or information about how to engage in illegal conduct or commit illegal activities, promote discrimination against any race, origin, gender or religious group, promote physical harm or bodily injury, or promote any illegal act of cruelty to animals;
- Collect or harvest screen names, collect or store personal data about other users, or solicit or attempt to discover a user’s password, screen name, or other registration information without the user’s express knowledge and consent;
- Interfere with or disrupt the Sites or any services or features thereon, or servers or networks connected to the Sites, or violate any requirements, policies, regulations, or procedures of networks connected to the Sites
- Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Sites are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- Provide links to websites, networks, content, or resources that themselves violate the letter or spirit of the Terms, or promote the violation of these Terms or make available tools or information whose primary use constitutes a violation of the letter or spirit of these Terms;
- Use personal features or areas of the Sites as storage for remote loading or as a door or signpost to another web page, whether inside or outside the Sites; or
- Interfere with the operation or design of any elements that we may add to users’ pages or other personal features or areas of the Sites, including, without limitation, toolbars, advertising banners, watermarks, logos, or other messages of any kind.
We reserve the right, in our sole discretion, to adopt and post additional rules in any social or community area and to condition access to any such community features by any individual or group in accordance with age, geographic, or other criteria, to deny or restrict access by any individual or group who fails to meet that criteria or by anyone who fails to comply with our criteria or rules at any time, and to change or modify the criteria or rules at any time. We also reserve the right (but do not assume any obligation), in our sole discretion, to delete any postings, messages or other content on the Sites that violate these Terms and to deny access by any user to the Sites.
NOTICE: The information and content you submit through a social feature, may be recorded and stored in multiple places, both on the Sites and elsewhere on the Internet, which are likely to be accessible for a long time, and you have no control over who will read them. If you elect to participate in a feature that enables you to correspond with other participants of the service, some of your account information and other materials that you provide, such as your username, may be shared with other participants. You alone are responsible for the content and consequences of any of your messages or other materials submitted to the Sites or through these social features. Because of the anonymity provided by usernames, you may not know at all times with whom you are interacting through these features. It is therefore important that you are careful and selective about the information that you disclose about yourself and others, and in particular, you should not disclose any sensitive, personal, proprietary or confidential information in your messages, comments or posts to our public or community features. ALSO, WHEN USING SUCH FEATURES, DO NOT DISCLOSE YOUR PERSONAL INFORMATION (SUCH AS YOUR REAL NAME, PHONE NUMBER, ADDRESS OR OTHER INFORMATION THAT WOULD ENABLE OTHERS TO IDENTIFY OR LOCATE YOU, EITHER ONLINE OR OFFLINE).
While using the social and community features on the Sites, you may be exposed to content of other users with which you may disagree or that you may find offensive or objectionable, or that is inaccurate, misleading, or illegal. You expressly assume and agree to bear any, and all risks associated with the use of any such content and your exposure to any such content, including any reliance by you on the accuracy, integrity, usefulness, or completeness of such content. Columbia will not be liable, and disclaims all liability, in connection with any harm, loss, or damages of any amount or type arising from your access to, or use of, the services or any content posted to, downloaded from, or otherwise made available through the Sites, whether that content is posted to, downloaded from, or otherwise made available through the Sites by Columbia, you, another user, or any other third party.
We encourage you to report any suspected violations of these Terms or any other additional rules posted in connection with such activity or service, in particular as they relate to inappropriate behavior or activity in our chat services and other community features. You may contact us to report violations at info@columbiahospitality.com.
Columbia reserves the right, but not the obligation, to investigate and take appropriate legal action in its sole discretion against anyone who it believes violates these Terms, including without limitation, removing the offending communication in whole or in part from the Sites, suspending or terminating the membership of such violators and/or suspending or terminating their right to use and access the Sites.
USER GENERATED CONTENT
Columbia allows you to submit, upload or otherwise make available text, images, audio, video, competition entries or other content (“User Generated Content”) through the Sites. All submissions must comply with the rules above for Social and Community Features as well as the “Content Submission Terms” we post on the Sites.
Unless otherwise stated, when you share User Generated Content, we do not claim ownership of it. However, by doing so you grant Columbia license to use it as provided in the Content Submission Terms.
You represent and warrant that your User Generated Content conforms to these Terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by these terms. You agree to indemnify and hold Columbia and our subsidiary and affiliated companies, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.
To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of any Columbia copyrighted works, we grant you a non- exclusive license to create a derivative work using our copyrighted works as required for the purpose of creating the materials, provided that such license shall be conditioned upon your assignment to Columbia of all rights in the work you create. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.
COMMUNICATIONS WITH COLUMBIA
We like to hear from you. However, in your communications with us, please keep in mind that, unless we specifically request them, Columbia does not solicit or wish to receive any confidential, secret or proprietary information or other material from you through the Sites, by e-mail or in any other way, and we do not accept or consider any ideas or suggestions relating to products, services, marketing plans, or any other matters.
Any such submissions, materials, content, information, creative works, demos, ideas, questions, comments, answers, suggestions, concepts, methods, systems, designs, plans, techniques or the like submitted to us via the Sites, mail, e-mail or otherwise, or transmitted, posted, or uploaded by you to the Sites (collectively, “Your Submissions”) will be treated as non-confidential and nonproprietary, and we will not assume any responsibility, obligation, or liability for them or for our receipt or non-receipt of them. We may delete or destroy Your Submissions at any time. Our receipt of Your Submissions is not an admission by us of their novelty, priority, or originality, and it does not impair our right to contest existing or future intellectual property rights relating to Your Submissions.
By submitting or sending Your Submissions to Columbia, you grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and fully transferable, assignable and sub-licensable right and license to copy, reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit Your Submissions throughout the world in any and all media. You represent and warrant that: (a) you have the right and authorization to make the foregoing grant without the consent of any third party, and (b) Your Submissions are accurate and, as permitted to be used by us under these Terms, do not and will not infringe any right of any third party.
EMAIL CONTACTS
By creating a User Account, subscribing to one of our Services, entering a promotion or sending e-mail to us, you consent to receive email communications from us. Furthermore, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via the Sites or otherwise, satisfy any legal requirement that such communications be in writing.
INVESTIGATIONS
Columbia reserves the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of security for the Sites or its information technology or other systems or networks; (b) investigate any suspected breaches of these Terms or violations of any additional terms, conditions and rules posted in connection with a particular service or feature on the Sites; (c) involve and cooperate with law enforcement authorities in investigating any such matters; (d) prosecute violators of these Terms to the full extent of the law; (e) delete or modify any content on the Sites, including any materials or items you may have acquired through your use of the Sites; and (f) discontinue any of the Sites or terminate your access to them at any time, without notice, for any reason and without any obligation to you whatsoever.
PRIVACY
Columbia may collect certain information in order to operate the Sites and to fulfill your requests or enable participation in certain online activities. We will also receive and store information you provide to us to complete surveys, request additional information regarding our Services, make a reservation, participate in a sweepstakes or other incentives, post information on our Sites, make purchases online, set up accounts, sign up to receive our newsletters or other e-mail communications, communicate by e- mail, communicate with us through a social media platforms or by telephone or physical mail, use our Services, or otherwise interact with us. Such information may include Personal Information. You can choose not to provide certain information, but then you might not be able to participate in our surveys or incentives, purchase products, or take advantage of certain features or Services available through the Sites.
Under our Privacy Policy, we may disclose to third parties’ certain aggregate information, your Registration Data (if any) or related information, as well as other information you provide to us. We will not, however, disclose Personal Information about you to anyone outside our corporate family, except our agents and service providers, unless: (a) you specifically authorize us to do so; (b) we believe, in good faith, that such disclosure is necessary either to comply with the law or a legal process (including subpoenas and other court orders), or to enforce these Terms; or (c) it’s otherwise permitted under our Privacy Policy (which we may amend from time to time, without notice to you). For more information about and to read our Privacy Policy see https://columbiahospitality.com/privacy-policy/.
We have adopted reasonable security measures to protect against the loss, misuse, and alteration of Personal Information under our control. We use Secure Sockets Layer technology to protect highly sensitive information such as credit card data during transmission and adopt careful internal procedures to safeguard this information in our system. Nevertheless, we cannot guarantee complete security of Personal Information.
NOTICE TO INTERNATIONAL VISITORS
The Sites and the servers that make them available are located in the United States of America and are not directed to use by residents of other counties. If you reside in another country, these Terms may conflict with the laws of your country. In the event of such a conflict, these Terms will govern to the extent that they are valid and enforceable under applicable United States laws.
Columbia makes no representation that the Sites are appropriate or available for use beyond the United States of America. If you use the Sites from other locations, you are responsible for compliance with applicable local laws.
BANNERS, ADVERTISEMENTS AND PROMOTIONS
Columbia reserves the right to post banners, advertisements, promotions, and similar content throughout the Sites. We may also allow advertisers and corporate partners to post content on the Sites. This content may be targeted to users based on information they provide through use of the Sites or other information. We do not control, endorse or adopt any such activity and we make no representation or warranties of any kind regarding it. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on or through the Sites (including via the linked third-party sites) are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, and the like). We disclaim all liability in connection with them.
LINKS TO OTHER SITES
The Sites may contain links to or from third-party sites (“Linked Sites”), including, without limitation, sites operated by advertisers, licensors, licensees, and promotional and business partners. We have no control over the content of Linked Sites, and do not assume any obligation to review any Linked Sites. We do not endorse, approve, or sponsor any Linked Sites, or any content, advertising, information, materials, products, services, or other items on or available on or from them, and disclaim all liability in connection therewith. Any activity you engage in connection with a Linked Site is subject to the privacy policy, conditions of use, and other terms imposed by the operator of the Linked Site and we disclaim all liability in connection therewith.
CONTESTS AND PROMOTIONS
From time-to-time, Columbia provides promotions through the Sites. Competitions that you enter through the Sites may have supplemental rules and conditions, but the following general rules apply unless otherwise provided.
- Entries
Your competition entry is User Generated Content and subject to all provisions of these Terms. We may disqualify entries that are late, misdirected, incomplete, corrupted, lost, illegible or invalid or where appropriate parental consent was not provided. Competition entries are limited to one per person and entries via agents or third parties or the use of multiple identities are not permitted. Use of automated entries, votes or other programs is prohibited and all such entries (or votes) will be disqualified.
We reserve the right to modify, suspend, cancel or terminate a competition or extend or resume the entry period or disqualify any participant or entry at any time without giving advance notice.
- Eligibility
To enter a competition, you must have a valid User Account with current contact information. No purchase is necessary to enter a competition and a purchase will not improve your chances of winning. Competitions are not open to our employees (or their immediate families) or anyone else professionally associated with the competition. If you are under age 18 (or the age of majority under applicable law) and the competition is open to you, we may need your parent or guardian’s consent before we can accept your entry. We reserve the right to request proof of identity or to verify eligibility conditions and potential winning entries, and to award any prize to a winner in person. Competitions are void where prohibited or restricted by law. Potential winners who are residents in jurisdictions where competitions require an element of skill may be required to answer a mathematical test in order to be eligible to win a prize.
- Prizes
Unless specifically provided in the applicable contest rules, no cash or alternative prizes are available, except that Columbia reserves the right to substitute a similar prize of equal or greater value. Prizes cannot be transferred or sold by winners. All prizes will be awarded provided a sufficient number of eligible entries are received and prizes are validly claimed by the date provided. Unless otherwise disclosed in the prize description prior to entry, winners are responsible for all costs and expenses associated with claiming a prize. All taxes are solely the responsibility of each winner, although we reserve the right to withhold applicable taxes and each winner agrees to complete any required tax forms.
- Publicity
Your acceptance of a prize constitutes agreement to participate in reasonable publicity related to the competition and grants Columbia an unconditional right to us to use your name, town or city and state, province or country, likeness, prize information and statements by you about the competition for publicity, advertising and promotional purposes and to comply with applicable law and regulations, all without additional permission or compensation. As a condition of receiving a prize, winners (or their parents or guardians) may be required to sign and return an affidavit of eligibility, liability release and publicity release.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
We respect 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:
- a physical or electronic signature of the person authorized to act on behalf of the owner of the applicable copyright;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and email address;
- 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
- 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.
Columbia’s copyright agent can be reached as follows:
Garvey Schubert Barer
1191 Second Avenue, Suite 1800
Seattle, WA 98101
Attn: Scott G. Warner, Esq.
ACCURACY
We attempt to ensure the descriptions, products and Services, and other information on the Site are as accurate and complete as possible. However, we do not warrant that any information or content obtained on or through the Site is accurate, complete or error-free. We may modify the Site, in whole or in part, at any time and without prior notice.
NO WARRANTY
WE DO NOT WARRANT THAT ANY CONTENT POSTED ON OR ACCESSED THROUGH THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NEITHER WE, NOR OUR SUPPLIERS, NOR THE PROPERTY OWNERS, WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS OR USE OF THE SITE OR SERVICES OFFERED THROUGH THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, NOR DO WE MAKE ANY WARRANTY WHATSOEVER REGARDING THE QUALITY OF ANY EXPERIENCE, PRODUCTS, SERVICES, INFORMATION OR ANY OTHER MATERIAL YOU OBTAIN THROUGH OR IN CONNECTION WITH THE SITE. ALL SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.) WE MAY MODIFY, DELETE, OR SUPPLEMENT THE CONTENT ON THE SITE, IN WHOLE OR IN PART, AT ANY TIME AND WITHOUT NOTICE.
LIMITATION OF LIABILITY
NEITHER WE, NOR OUR SUPPLIERS, NOR THE PROPERTY OWNERS, SHALL HAVE ANY LIABILITY FOR ANY LOSS OR DAMAGE WHATSOEVER, DIRECT OR INDIRECT, INCLUDING BUT NOT LIMITED TO INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA AND THE LIKE) ARISING OUT OF YOUR USE OF OR INABILITY TO USE OR ACCESS THE SITE OR ANY CONTENT PROVIDED ON THE SITE; ANY DELAY IN USE OF OR ACCESS TO THE SITE OR CONTENT PROVIDED ON THE SITE; ANY CLAIM ARISING FROM OR RELATING TO ERRORS, OMISSIONS OR INACCURACIES IN THE CONTENT PROVIDED ON OR THROUGH THE SITE; AND/OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN RELATION TO THE SITE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IT IS YOUR EXCLUSIVE RESPONSIBILITY TO EVALUATE ALL CONTENT PROVIDED ON THE SITE FOR ACCURACY, COMPLETENESS AND USEFULNESS.
WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW PROVISION SET FORTH BELOW, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. THEREFORE, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL APPLY TO EVERY FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, AND SHALL SURVIVE ANY BREACH OF THE TERMS OR ANY AGREEMENT, OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THE TERMS OR AN AGREEMENT OR ANY EXCLUSIVE REMEDY. NOTWITHSTANDING ANYTHING ELSE HEREIN, IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED $50.00.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
FORCE MAJEURE
Without limiting any provision in the previous section, Columbia shall not be liable or be deemed to be in breach of these Terms for any failure to perform, or delay in performing, any of our obligations under this Agreement if the delay or failure was due to any cause beyond our reasonable control. Causes beyond our reasonable control shall include, but not be limited to, acts of God, flood, explosion, natural catastrophe, storms, fire or accident; war or threat of war, blockade, sabotage, insurrection, terrorism, riot or civil disturbance; acts, restrictions, regulations, laws, prohibitions or measures of any kind on the part of any governmental, international, federal, state or local authority; import or export regulations or embargoes; strikes or other industrial actions or trade disputes (whether involving employees of Columbia or a third party); problems in obtaining raw materials, labor, transportation, fuel, parts or machinery; and power failure or breakdown in machinery, including computer or other equipment failure. In the event of any such default or delay, the date for performance shall be extended for a period equal to the period during which such aforesaid cause, circumstance or contingency remains in effect.
INDEMNITY
You agree that you are personally responsible for your use of the Sites and its contents, and further agree to indemnify, defend and hold harmless us, our third party service providers, and the Property owners from and against any loss, damage, expense or liability of any kind (including attorneys’ fees and costs) resulting from your violation of any the Terms or your use of or access to the Site, your communications with us and/or your violation of the rights of any third party.
APPLICABLE LAW
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Columbia concerning your use of the Sites, superseding any prior agreements between you and Columbia. These Terms and the relationship between you and Columbia shall be subject to the internal laws of the State of Washington without giving effect to its principles on conflict of laws and shall be applied to any arbitration under these Terms.
BINDING ARBITRATION; CLASS ACTION WAIVER
Except for matters relating to the enforcement of Columbia’s intellectual property rights, all disputes, controversies, or claims arising out of or relating in any way to the Sites, your participation in any of the features available through them and/or your purchase of any products, content or services shall be finally resolved by as provided below. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE WITH COLUMBIA BEFORE A JUDGE OR JURY. The arbitral tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of this agreement to arbitrate. You and Columbia agree to arbitrate solely on an individual basis and expressly waive the ability to participate in a class or representative proceeding, including any class arbitration or representative arbitration proceedings. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the agreement to arbitrate will remain in force. To the extent that you or Columbia opts out of arbitration following the procedure set forth below, or if this arbitration agreement is found inapplicable to a dispute between us, you and Columbia expressly waive the ability to participate in any class or representative litigation.
If a dispute arises that is subject to arbitration, you must give us written notice and an opportunity to resolve it. Your notice must include your name, your address, a written description of the dispute, and a specific description of the relief you are seeking. If we do not resolve our dispute within forty-five (45) days after receiving your notice, you may pursue arbitration as below by sending a written demand for arbitration to Columbia at the address set forth above in “Copyright Claims.”
To begin an arbitration proceeding, you may send a letter requesting arbitration and describing your claim to our registered agent: Columbia Hospitality, Inc., Attn: Legal Department, 2200 Alaskan Way, Suite 200, Seattle, WA 98121. You agree that the arbitration will be conducted by either the American Arbitration Association (“AAA”), adr.org, 1.800.778.7879, or the Judicial Arbitration and Mediation Services (“JAMS”), jamsadr.com, 1.800.352.5267. You can contact AAA or JAMS to find out more information on how to commence an arbitration proceeding. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s or JAMS’ applicable rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in a mutually agreed location.
Any dispute or claim that is subject to arbitration but is not resolved by the pre-arbitration dispute process, shall be submitted to binding arbitration. The disputes and claims subject to arbitration will be resolved by a single arbitrator mutually agreed upon by you and Columbia. If we cannot agree on an arbitrator, then an arbitrator shall be selected pursuant to Rule 12 of the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator shall be bound by and shall strictly enforce these Terms and any other applicable agreement between us, and may not limit, expand, or otherwise modify any such terms. The arbitrator may award any relief that a court of law could, applying the limitations of liability contained in these Terms. The arbitrator may award injunctive relief if permitted by law – but the injunctive relief awarded by the arbitrator may not extend beyond our dealings with one another. Any arbitration will be held in Seattle, Washington, unless otherwise agreed upon by you and Columbia in writing. You and Columbia will each bear its own expenses in the arbitration and will share equally the costs of the arbitration; provided, however, that the arbitrator shall award costs and fees to the prevailing party if it is determined that the other party submitted a claim with no reasonable basis or filed any claim in bad faith.
You may opt out of the agreement to arbitrate by providing us with written notice of your intention to do so at the address above no later than 60 days after initial acceptance of these Terms. The procedure spelled out herein is the only way to opt out of arbitration, and any attempts to opt out after the deadline set forth herein will be ineffective. Notwithstanding your decision to opt out of arbitration, you still waive the ability to participate in any class or representative litigation.
Because the Sites and these Terms concern interstate commerce, the Federal Arbitration Act governs the interpretation and enforcement of the arbitration rules (notwithstanding the application of Washington law to any underlying claims as provided above). You agree the arbitration and other provisions of this section “Binding Arbitration; Class Action Waiver” survives any termination of these Terms.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA OR JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
MISCELLANEOUS
This Sites (and the Property websites) are controlled and operated from Seattle, WA, U.S.A. Neither we, nor the Property owners, nor any service providers make any representation that any content on the site (or the Property websites), products or services offered or accessed on or through them are appropriate or available for use in other locations. If you access the Site or a Property website from a location outside the United States you do so on your own initiative and are responsible for compliance with all applicable laws of your jurisdiction.
You agree that the Terms, as they may be amended from time to time, set forth your and our entire understanding as to the subject matter of the Terms.
Nothing contained in these Terms shall be deemed to constitute a partnership or joint venture, or constitute an employment or agency relationship, between you and us.
If any provision of the Terms is found to be invalid or unenforceable, the remainder of the Terms shall remain in full force and effect, and all Terms shall be enforced to the fullest extent permitted by law.
No waiver or failure of ours to assert our rights under any provision of the Terms shall be valid unless in writing and signed by an officer of Columbia. We may assign our rights and duties under the Terms, in whole or in part, to any party without notice to you. You may not assign your rights and duties, in whole or in part, without our prior written consent.
All rights not expressly granted herein are reserved to us. Questions about these Terms or the Site? Please contact us at the following address: Columbia Hospitality, Inc., 2200 Alaskan Way, Suite 200, Seattle, Washington 98121.