Who Can Use the WebsiteThe Website is not intended to be used by persons under the age of 18 years old. If you are under the age of 18 years old, please do not use the Website or any of the services offered by Davidson. If you are submitting information for a business entity, by doing so, you represent that you have the authority to bind that business entity to the Agreement. We may, in our sole and absolute discretion, refuse to allow use of the Website or accept a person's or entity's information and may, at any time, refuse to permit a person's, or entity's, continuing use of the Website for any reason or for no reason, in our sole discretion.
User Conduct and ObligationsThe content and information on the Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material) (collectively, the "Content"), as well as the infrastructure used to provide such Content, is proprietary to Davidson or third parties. Without our prior written permission, you may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify our trademarks or other proprietary information in any way. You agree to follow all applicable laws and regulations when using the Website. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. Additionally, you agree not to:
- Provide false or misleading information about yourself to us, impersonate any other person, or otherwise attempt to mislead others about your identity or the origin of any Content, message or other communication;
- Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe any party for any services if you are not expressly authorized by such party to do so;
- Collect information about other visitors to the Website without their consent or otherwise systematically extract data or data fields, including without limitation any financial data or email addresses;
- Probe, scan, test the vulnerability of or breach the authentication measures of the Website or any related web pages, networks or systems;
- Use any robot, spider, scraper, deep link or other automated or manual means to access the Website, or copy and/or redistribute any Content, information or software on the Website;
- Manipulate or otherwise display the Website by using framing, creating deep-links to the Website by bypassing the Website's home page, mirroring or similar navigational technology or directly link to any portion of the Website other than the main home page;
- Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website;
- Input or upload to the Website any information that contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website or information or that infringes the intellectual property rights of another;
- Use or access the Website in any way that, in our sole judgment, adversely affects the performance or function of the Website or interferes with the ability of authorized parties to access the Website, including but not limited to any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; and
- Engage in, perform or conduct any of the prohibited actions or activities identified below under "Reviews, Comments and Use of Other Interactive Areas."
Intellectual PropertyExcept for public domain material, the Website is protected by intellectual property laws, including U.S. copyright laws. You are hereby granted a non-exclusive license to use the Content at the Website while connected to the Website (including, where available, to email individual Content to others directly from this site). You are also granted a limited license to print one copy of any Content posted at the Website, but only for your personal use. Except as expressly provided above, all other rights are reserved. Among other things, except to the extent required for the limited purpose of reviewing material on the Website, electronic reproduction, adaptation, distribution, performance or display is prohibited. Commercial use of any of the Content is strictly prohibited. Use of any of our trademarks and any trademarks licensed to us, such as metatags on other web sites, also is strictly prohibited. You may not display the Website in frames (or any of the Content via in-line links) without our express written permission, which may be requested by contacting us at firstname.lastname@example.org.
Electronic CommunicationsWhen you visit the Website or send or accept electronic messages through the Website, you are communicating with us electronically, and as a result, you consent to receive communications from us electronically. We may communicate with you by email or other authorized form of electronic message or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in the Agreement. You have a right to withdraw your consent to receive electronic communications at any time, and may request a paper version of any electronic communication. You acknowledge that such withdrawal of consent will prohibit you from accessing and using core functionalities of the Website. You further acknowledge that we reserve the right to charge you a reasonable fee for the production and mailing of paper versions of electronic communications, unless charging a fee is prohibited by applicable law. To request a paper copy of an electronic communication, write us at email@example.com. If our hardware or software requirements change, we will post to the Website notice of the revised hardware or software requirements. Continuing to use the Website after receiving notice of the changes to the Website is reaffirmation of your consent. Davidson is not responsible or liable for communication errors, failures or other malfunctions, or lost, stolen or misdirected transactions, transmissions, messages or entries, or for the security of any such communications.
Access to Invoice and/or Payment InformationBy use of any of the Website features containing invoice and/or payment information you certify that you represent each and every company whose data is shown to you, and that you have been duly authorized by said companies to view invoice and/or payment information for each and every company via the Website. Davidson reserves the right to require a signed letterhead or other written authorized document from any and all companies for which you request access before allowing access to any company's invoice and/or payment information. If you should find that you have access to data that you are not authorized to use or view, then you are required to contact us immediately to have said account(s) removed from your account list. Failure to do so may result in denial of access to the Website.
Reviews, Comments and Use of Other Interactive AreasPlease be aware that by submitting any message, data, information, text, music, sound, photos, graphics, code or any other Content to the Website by electronic mail, postings on the Website, or other social network platforms operated by Davidson, including any questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you are certifying that you are the rightful owner or licensee of the Submission and you grant Davidson a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that we may choose to provide attribution of your comments or reviews at our discretion. You further grant Davidson the right to pursue at law any person or entity that violates your or our rights in the Submissions by a breach of the Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary. The Website and Davidson's other social network platforms may contain discussion forums, bulletin boards, reviews or other means in which you or third parties may post Content, messages, materials or other items on the Website ("Interactive Areas"). If we provide such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Website any of the following:
- Any Submission that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Submissions that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- Submissions that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Submissions that impersonate any person or entity or otherwise misrepresents your affiliation with a person or entity, including Davidson;
- Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
- Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files;
- Any Submission that is unrelated to the topic of the Interactive Area(s) in which such Submission is posted; or
- Submissions or links to Content that, in the sole judgment of Davidson, (a) violates the previous subsections herein, (b) is objectionable, (c) restricts or inhibits any other person from using or enjoying the Interactive Areas or the Website, or (d) exposes or could expose Davidson or its customers to any harm or liability of any type.
Digital Millennium Copyright Act NoticeDavidson respects the intellectual property rights of others. We may, in appropriate circumstances and at our sole discretion, terminate the access of Users who infringe the copyrights or intellectual property rights of others. If you believe your work has been copied and is accessible at the Website, or other social network platforms operated by Davidson, in a way that constitutes copyright infringement, or that the Website contains links or other references to another online location that contains material or activity that infringes your copyright, you may notify us by providing the information required by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act. Notice of claims of copyright infringement on or regarding the Website can be submitted by mail: Davidson Hotel Company LLC, One Ravinia Drive, Suite 1600, Atlanta, GA 30346, USA, Attention: General Counsel, Copyright Inquiry; or by telephone: 678-349-0909, Attention: General Counsel. Your notice must satisfy the requirements of the DMCA and include the following information: (i) Your name, mailing address, and email address;
(ii) A statement identifying the copyrighted material you claim is infringed, such as a URL linking to an authorized version of the copyrighted material;
(iii) A statement identifying where the allegedly infringing material is located, such as URL linking to the allegedly infringing material;
(iv) A statement that you have a good faith belief that the allegedly infringing material identified in section (ii), above, is not authorized by the copyright owner, its agent, or the law;
(v) A statement, made under penalty of perjury, that the information in this notice is accurate and that you are the owner of the copyrighted material or are authorized to act on behalf of the owner of the copyrighted material; and
(vi) An electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
SecurityRegistered Users are responsible for the protection of their account numbers, customer name, and password associated with Internet access to all Website and Interactive Areas. In the event of any unauthorized access to your account, you must immediately notify Davidson; however, we are not responsible or liable for damage of any kind as a result of any unauthorized access. To protect yourself from unauthorized access to your account information, we highly recommend that you change your password frequently and do not share your password with anyone.
Limitation of LiabilityTO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL DAVIDSON OR ITS AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOST DATA, BUSINESS INTERRUPTION OR ATTORNEYS' FEES) ARISING OUT OF YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEBSITE, ITS FEATURES OR CONTENT, OR DAVIDSON'S SERVICES, WHETHER THE ALLEGED LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DAVIDSON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Disclaimer of WarrantiesYOU AGREE THAT YOU USE THE WEBSITE AT YOUR OWN RISK. DAVIDSON MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THE WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THE WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY DAVIDSON. THE WEBSITE AND ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. DAVIDSON DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THE WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM DAVIDSON, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DAVIDSON HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE AND THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THE WEBSITE, INCLUDING ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
IndemnificationYou agree to defend and indemnify Davidson and each of its subsidiaries, affiliates, directors, officers, agents, representatives, licensors, owners, partners, investors, employees, successors and assigns from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including but not limited to reasonable legal and accounting fees, arising from:
- Your breach of this Agreement;
- Your violation of any law or the rights of a third party; or
- Your use of this Website.