Your Agreement with Ultimate Group, LLC:
Welcome to this Ultimate Group, LLC website. Following are the terms and conditions that govern your service.
THESE TERMS OF SERVICE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND ULTIMATE GROUP, LLC ("ULTIMATE GROUP" "WE", “US” OR "OUR"). PLEASE READ THIS AGREEMENT ("AGREEMENT") IN ITS ENTIRETY BEFORE YOU ACCEPT IT. BY CREATING AN ACCOUNT OR CHECKING A BOX INDICATING THAT YOU HAVE ACCEPTED THESE TERMS, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
IMPORTANT: IF YOU CHOOSE TO ACCEPT THIS AGREEMENT, YOU MUST ACCEPT IT AS PRESENTED TO YOU, WITHOUT CHANGES. WE WILL ACCEPT NO ADDITIONS OR DELETIONS. At any time We may change, add, or remove any part of this Agreement or any part of the services and features provided at the Site. If We do so, We will update the Agreement here (http://www.guestrights.org/hotel-terms-of-service.php) and may also post such changes elsewhere on the Site.
IF ANY FUTURE CHANGE IS UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING THE SITE. YOUR CONTINUED USE OF THE SITE WILL ALWAYS INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT AND ANY CHANGES TO IT.
In addition to the terms and conditions in the Agreement, all use of the Site is governed by the Terms of Use (http://www.guestrights.org/hotel-terms-use.php and http://www.guestrights.org/hotel-terms-of-use.php). In the event of any conflict between this Agreement and the Terms of Use, the terms of this Agreement will govern.
Ownership of This Website
This website is owned and operated by Ultimate Group, LLC. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations, inventions, concepts, ideas, and software ("Content"), is owned by Ultimate Group, its licensors and its content providers.
All elements of Ultimate Group websites, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Ultimate Group or one of its subsidiaries or content providers, no portion or element of this website or its Content may be copied or retransmitted via any means and this website, its Content and all related rights shall remain the exclusive property of Ultimate Group or its third party content providers unless otherwise expressly agreed. Content (including photographic images) purchased or otherwise acquired by you via the Site may only be used by you for personal, non-commercial purposes (i.e., not for re-sale or re-distribution) and may not be duplicated or otherwise reproduced or altered by you. You shall indemnify Ultimate Group, its subsidiaries, its affiliates, third party content providers and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the Content and related rights.
Trademarks
“Guest Bill of Rights”, "GuestRights", “RatingsBoost”, “Rest Assured”, "Ultimate Group", the Guest Bill of Rights logo, the GBR logo, and the GuestRights logo are the property of Ultimate Group. All other trademarks, logos and service marks (collectively, the "Trademarks") appearing on the Site are Trademarks of their respective owners.
Use of Our Trademarks
We may allow some of Our trademarks to be used by GuestRights member hotels in good standing, only as specified herein and in our Terms of Trademark Use (http://www.guestrights.org/hotel-terms-of-trademark-use.php). Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in the Terms of Trademark Use, is strictly prohibited.
Disclaimers
THIS WEBSITE AND ITS CONTENT AND ITEMS AND SERVICES SOLD ON THIS WEBSITE ARE PROVIDED "AS IS" AND ULTIMATE GROUP EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ULTIMATE GROUP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT ULTIMATE GROUP, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.
Except as specifically stated in these Terms of Service or elsewhere on this website, or as otherwise required by applicable law, neither Ultimate Group nor its directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the Content whether or not we have been advised of the possibility of such damages.
Ultimate Group uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability.
There may be links to other websites from the Ultimate Group website; however, these other websites are not controlled by Ultimate Group and we are not responsible for any content contained on any such website or any loss suffered by you in relation to your use of such websites. You waive any and all claims against Ultimate Group regarding the inclusion of links to outside websites or your use of those websites.
Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
Unauthorized Use
Since it is difficult to determine damages resulting from unauthorized usage, in the event you utilize any of Our Content without our permission or other than for the usage indicated on Our invoice, or prior to paying that invoice in full, We agree that We may forego our right to sue you and you agree in such case, to pay as liquidated damages, a retroactive license equal to ten (10) times the normal price We would have charged for such authorized use within two weeks of receipt of invoice. In the event you use any of Our logos or trademarks in any way, or use the Guest Bill of Rights® anywhere on or near your property or in any promotional material without Our written permission or without being an approved GuestRights hotel member in good standing, you agree to pay to Us as liquidated damages a retroactive license fee equal to the greater of US$10,000.00 or ten (10) times the normal price We would have charged for a GuestRights hotel membership within two weeks of receipt of invoice.
Use of Services
Your account cannot be transferred or used by anyone other than you. You may not sell, lease, rent or assign an account or parts of the account to any party without the express, prior written approval of Ultimate Group.
You agree to pay Ultimate Group for all charges relating to the use of your account(s) according to rates and prices agreed to in our contract for the term and length of our contract. If your regular fees are to be applied to a credit or checking account, you authorize Ultimate Group to directly post those charges. You are responsible for charges at the time the service is used.
Ultimate Group reserves the right, in Our sole discretion, to suspend access to service for your account(s) upon any indication of credit problems including delinquent payments or rejection of any credit card charges, or returned bad checks. Otherwise you must explicitly close your account(s) for charges to cease.
We may terminate your membership if too many complaints are received. There will be no refund for termination due to too many complaints.
No partial refunds will be given for unused service. You may cancel service by notifying Us with 30 days notice. If you terminate this agreement, you are still responsible for any remaining account charges outstanding. We reserve the right to terminate this agreement at any time.
Submissions
Material submitted (“Submissions”) must be your own work or work to which you have a license. You warrant and represent that you own or otherwise control all of the rights to the information contained in your Submission. By sending a Submission to this website you agree to grant Us a perpetual, royalty-free, non-exclusive worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to the Submission. If you do not want to grant to Us the rights set out above, do not send your Submission to the Site.
You further agree to grant us a perpetual, royalty-free, non-exclusive worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your logo, trademark, and likeness of your properties.
Miscellaneous
This Agreement shall be interpreted, construed and governed by the laws of the State of California, United States of America, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the State of California in Los Angeles County. In any action or legal proceeding to enforce any part of this Agreement, the prevailing party shall recover reasonable attorneys' fees, court costs, and expenses. If a court finds any provision of this Agreement invalid or unenforceable, wherever possible this will not affect any other clause or provision and each will remain in full force and effect. No action of Ultimate Group, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms of Service.
We reserve the right to change these Terms of Service, prices, membership plans, services, information and available contractual license terms featured on this website at any time without notice. These conditions set out the entire agreement between Ultimate Group and you relating to your account. |