Terms and Conditions
Welcome to the website of The William Vale Hotel (“Company,” “us,” “we” or “our”). The following terms of service (together with any documents referred to herein (the “Agreement”) apply to your use of (including any access to) our website currently located at www.thewilliamvale.com (together with any materials and services available thereon, and any successors thereto, the “Site”)).
This Agreement is between you and The William Vale Hotel LLC concerning your use of (including any access to) the Site. This Agreement hereby incorporates by this reference any additional terms and conditions posted by Company through the Site, or otherwise made available to you by Company. Your use of the Site is governed by this Agreement regardless of how you access the Site, including through the Internet, through Wireless Access Protocol (commonly referred to as “WAP”), through a mobile network or otherwise.
BY CREATING AN ACCOUNT ON THE SITE, COMPLETING A PURCHASE OR MAKING A RESERVATION ON THE SITE, OR, BY OTHERWISE ACCESSING OR USING THE SITE IN ANY FORM OR MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THIS AGREEMENT AS IF YOU HAD MANUALLY SIGNED AN AGREEMENT EMBODYING SUCH TERMS. You hereby represent and warrant that you are either 18 years of age or older and are fully able and competent to enter into and abide by the terms of this Agreement.
- Prohibited Uses. You may use the Site only for lawful purposes and in accordance with this Agreement. You agree not to use the Site:
- In any manner that could disable, overburden, damage, or impair the Site or interfere with any other person’s use of the Site, including their ability to engage in real time activities through the Site, or otherwise use any device, software or routine that interferes with the proper working of the Site, without the Company’s consent.
- Use any robot, spider or other automatic device, process or means to access the Site or to obtain user or other information from the Site (including, without limitation, any information residing on any server or database connected to the Site), except that notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, Company grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Company reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
- Use any manual means or process to monitor or copy any of the Content on the Site or for any other unauthorized purpose without our prior written consent.
- Introduce any viruses, trojan horses, worms, code, or other material which is malicious or technologically harmful, or attempt to decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Site.
- Attempt to gain unauthorized access to, interfere with, hack into, decrypt, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site (including, without limitation, attacking the Site via a denial-of-service attack or a distributed denial-of-service attack).
- To post, transmit or otherwise make available through or in connection with the Site any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
- For any purpose that is fraudulent or otherwise tortious or unlawful.
- To collect information about users of the Site, or restrict the ability of any person from using the Site.
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of the Site; or violate any requirement, procedure or policy of such servers or networks.
- To reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Site except as expressly authorized herein, without Company’s express prior written consent.
- Remove any copyright, trademark or other proprietary rights notice from the Site.
- Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service, without Company’s express prior written consent.
- In any way that violates any applicable federal, state, local and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- Systematically download and store Site content.
You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Site.
- Products on Sale. We may make available through or on the Site listings, descriptions and images of goods or services or related coupons or discounts (collectively, “Products”), as well as references and links to other Products. We have made reasonable efforts to display as accurately as possible the pricing and availability, colors, description of Products, or other content that appears on this Site. Unfortunately, it is not possible to ensure that the Site is completely free of human or technological errors. This Site may contain typographical mistakes, inaccuracies, errors or omissions, some of which may relate to pricing and availability, colors, description of products, or other content on this Site. We reserve the right to correct any typographical mistakes, inaccuracies, errors or omissions — including after an order has been submitted — and to change or update information at any time without prior notice to you. Products displayed on the Site are available while supplies last. In addition, we reserve the right without prior notice to withdraw any Product from availability and to impose conditions on honoring any coupon, discount or other like promotion. Such Products may be made available by Company or by third parties. The availability through the Site of any listing, description or image of a Product does not imply our endorsement of such Product or any affiliation with the provider of such Product. Certain weights, measures and similar descriptions may be approximate and are made for convenience only. It is your responsibility to comply with all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the possession, use and sale of any Product.
- Purchases. Some Products may be purchased or otherwise obtained through the Site (a “Purchase”). If you wish to make a Purchase, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information. You represent and warrant that you have the right to use any credit card that you submit in connection with a Purchase. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating and executing the Purchases. Verification of your information may be required prior to the acknowledgment or completion of any Purchase. By acquiring a Product via a transaction, you represent that the applicable Product will be used lawfully.
Refunds and exchanges are subject to Company’s refund and exchange policies. You agree to pay all charges incurred by you or on your behalf through the Site, at the prices in effect when such charges are incurred, including all shipping and handling charges. You are responsible for any taxes applicable to your Purchase. While we confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product.
Products will be shipped to the address you designate if such address is complete and complies with the shipping restrictions contained on the Site. Risk of loss and the title for Products pass to you upon delivery of the Products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
- Linking. The Site may link to other Internet websites and resources, including to the websites operated by social media platforms, service providers, and other third parties including Submissions. The inclusion on the Site of any link to such websites does not imply the endorsement, affiliation or recommendation by us of such other website(s), and is for your reference and convenience only. We have no control over such other websites or their policies and expressly disclaims all responsibility or liability in connection with such other websites or their contents (including the accuracy, safety, quality, integrity or usefulness thereof). You should direct any concerns regarding any link or other website to the site administrator or webmaster of such other website. Linking to any third party website is at your own risk and subject to the terms and conditions of use of such third party website(s), which you should review carefully before engaging in any transactions on such website(s). No linking from third party website(s) to this Site is permitted without the express written permission of the Company.
- Registration. Certain areas of the Site may require registration. If you register or provide information to us in any manner, you agree to provide only true, accurate, current and complete information. If we issue a username and/or password to you, you agree to protect such information by, among other things, keeping your username, password and any other information relating to your account confidential. The protection of your username and password is your responsibility. If, notwithstanding the foregoing obligation, you allow another party to use your account, you will be responsible for making such party aware of this Agreement for the use of the Site by such party in accordance therewith. You must notify us of any breach of such confidentiality and/or any unauthorized use of your user name or password.
- Submissions – Profiles and Forums. Site visitors may make available through or in connection with the Site certain materials (each, a “Submission”), including on profile pages or on the Site’s interactive services, such as message boards and other forums, and chatting, commenting and other messaging functionality. We have no control over Submissions and we are not responsible for any use or misuse (including any distribution) by any third party of any Submission. If you elect to make any of your personally identifiable or other information publicly available through the Site, you do so at your own risk.
- License. You retain the ownership of your Submissions. However, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).
In addition, if you provide to us any proposals, suggestions, ideas, or other materials (“Feedback”), whether related to the Site or otherwise, such Feedback will be deemed a Submission for the purposes of this Agreement, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, the License set forth in this section applies thereto and such Feedback does not place Company under any fiduciary or other obligation to you.
You represent and warrant to us that you have all of the rights necessary to grant the licenses granted in this section, and that your Submissions are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law any the providing thereof to us through and in connection with the Site rights of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
- Changes to Site. We may change, suspend or discontinue and/or restrict the use of all or any portion of the Site (including the availability of any products, data or other information contained on the Site), at any time by notifying you of such change by any means, including by posting a revised Agreement through the Site. We reserve the right, with or without notice to you, to change any of the products or services offered on the Site or any other aspect of the Site including, but not limited to, access procedures, software commands, documentation, and/or service providers. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes.
Your use of the Site following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend on the Site indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links); charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users.
- Monitoring. We shall have the right to (but have no obligation to) monitor, evaluate, alter or remove Submissions before or while they appear on the Site. We may disclose any Submissions and the circumstances surrounding their transmission to us to any person or agency for any reason or purpose whatsoever.
- Company’s Proprietary Rights. The entire contents of the Site, including without limitation, all information, software, code, data, text, displays, images, video and audio, “look and feel”, logos, slogans, trade names, product/service names, domain names, and the design, selection and arrangement of the Site as a collective work and/or compilation is protected by United States and international laws regarding copyrights, trademarks, trade dress, unfair competition and other intellectual property or proprietary rights, and is owned and/or licensed by us. You must abide by all copyright and trademark notices, attribution information, or restrictions contained in any Content accessed through the Site. No right relating to any intellectual property or that of any other party is transferred to you or any other person as a result of your use of this Site. You may view one (1) copy of any portion of the Site to which we provide you access hereunder, on any single device, solely for your personal, non-commercial use, subject to your compliance with this Agreement, and solely for so long as you are permitted by Company to use the Site.
All trade names, trademarks, service marks and logos on the Site not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any right to use any trade names, trademarks, service marks or logos, ours or those of third parties, without the express prior written consent of the owner.
- Disclaimer of Warranties. THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS. WHILE WE TRY TO MAINTAIN THE INTEGRITY AND SECURITY OF THE SITE, NEITHER WE, NOR OUR AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, AND LICENSORS (COLLECTIVELY, “ASSOCIATED PERSONS”) MAKES ANY WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE, THE CONTENT THEREOF, OR ANY PRODUCT OR SERVICE AVAILABLE THROUGH THE SITE (INCLUDING, WITHOUT LIMITATION, THAT THE SITE, ITS CONTENT OR ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS CAN OR WILL BE CORRECTED, THAT OUR SITE OR THE SERVER(S) THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THAT THE SITE, THE CONTENT OR ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS). IN ADDITION, THIRD PARTIES MAY MAKE UNAUTHORIZED MODIFICATIONS TO THE SITE. IF YOU NOTICE ANY SUCH MODIFICATION, PLEASE CONTACT US AT [email protected]
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, WE AND OUR ASSOCIATED PERSONS DISCLAIM ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, INDEMNITIES AND GUARANTEES AS TO THE SITE, THE CONTENT THEREOF OR ANY PRODUCT OR SERVICE AVAILABLE THROUGH THE SITE, WHETHER EXPRESS OR IMPLIED, STATUTORY, ORAL OR WRITTEN (INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, REASONABLE CARE, COMPATIBILITY, SECURITY (INCLUDING THE TRANSMISSION OF SENSITIVE INFORMATION FROM, TO OR THROUGH THE SITE OR ANY LINKED SITE), SATISFACTORY QUALITY, TITLE OR NON-INFRINGEMENT).
CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS OF WARRANTIES MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
- Limitation of Liability. IN NO EVENT SHALL WE OR OUR ASSOCIATED PERSONS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PRODUCTS, LOSS OF BUSINESS OR ANTICIPATED BUSINESS, LOSS OF USE, LOSS OF SECURITY OF SUBMISSIONS, INCLUDING UNAUTHORIZED INTERCEPTION OF SUBMISSIONS) LOSS OF GOODWILL, LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, YOUR USE, OR INABILITY TO USE, THE SITE OR ANY CONTENT THEREON, OR ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE, EVEN IF WE OR OUR ASSOCIATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY AND THAT OF OUR ASSOCIATED PERSONS TO YOU FOR ANY DIRECT DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, YOUR USE, OR INABILITY TO USE, THE SITE, ANY CONTENT THEREON, OR ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE SHALL NOT EXCEED THE GREAT OF TEN DOLLARS ($10.00) ORTHE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO USE THE SITE.
CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
- Indemnification. You shall indemnify and hold harmless us, our affiliates, and their respective officers, directors, managers, employees, agents, service providers and licensors (collectively the “Indemnified Parties”) from and against any and all losses, damages, liabilities, fees, costs, and expenses (including, without limitation, reasonable attorneys’ fees and disbursements) incurred by the Indemnified Parties in connection with any claim, matter, dispute, action, cause of action, or suit, whether civil, criminal, administrative or investigative (each, a “Proceeding”) arising out of, based upon, the use of the Site (including Submissions) or breach of this Agreement by you or any user of your account.
- Termination. This Agreement is effective until terminated. We reserve the right, in our sole discretion, to terminate or suspend your access to, and/or use of, the Site, or any portion thereof, at any time, with or without notice if we have reason to believe you have violated, or have attempted to violate or have acted inconsistently with, this Agreement. Upon such termination, your right to use the Site will immediately terminate and we shall have the right to immediately deactivate or delete your user names, password and accounts and all materials associated therewith without liability to you or any third party and without any obligation to provide you with any further access to such materials or the Site.
- Governing Law; Jurisdiction. This Agreement shall be governed by and construed in accordance with the internal laws of the State of New York, without regard to its principles of conflict of laws. The exclusive jurisdiction for any Proceeding arising out of or related to this Agreement shall be in the State or Federal courts located within New York County in the State of New York. You hereby irrevocably consent to the personal and exclusive jurisdiction of such courts and waive any objections you may have on the basis of forum non-conveniens, venue, jurisdiction or otherwise. To the fullest extent permitted by applicable law, no Proceeding with respect to these Terms and Conditions, the Site, or products or services purchased through the Site shall be joined to a Proceeding involving any other party, whether through class action proceedings or otherwise. You agree that any Proceeding arising out of or related to the Site (or to products or services purchased through the Site) must commence within one (1) year after such Proceeding accrues, otherwise, such Proceeding is permanently barred. Notwithstanding the foregoing, (i) if you have in any manner violated or threatened to violate our or our licensor’s intellectual property rights, we or our licensor’s may seek injunctive or other appropriate relief in any court of competent jurisdiction, and (ii) we reserve the right to bring an Proceeding against you for a breach of these Terms and Conditions in your state or country of residence or any other relevant country.
- Information or Complaints. Please note that e-mail communications with us may not be secure. Accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
- Jurisdictional Issues. The Site is controlled or operated (or both) from the United States, and is not intended to subject Company to any non-U.S. jurisdiction or law. The Site may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Site’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
- Severability; Waiver. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or any portion thereof, to be unlawful, void or unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver or failure to exercise or enforce any right or provision of this Agreement shall be deemed a further or continuing waiver of such right or provision or any other right or provision.
- Miscellaneous. This Agreement does not create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. However, we may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. Any heading, caption or section title contained herein is for convenience only, and in no way modifies, alters, defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Company relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Company relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Site or by e-mail (including in each case via links), or by regular mail. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Company will not be responsible for any failure to fulfill any obligation due to any causes beyond its control.
If you have any questions or complaints about this Agreement or the Site, please contact us at:
William Vale Hotel LLC
111 North 12th Street
Brooklyn, NY 11249
Email: [email protected]
Because email communications are not always secure, please do not include credit card information or other sensitive information in your emails to us.