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SITE USER AGREEMENT
PERSONAL AND NONCOMMERCIAL USE LIMITATION
This Web site is for your personal, noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services found on, or obtained from, this Web site. USE OF THE WEB SITE
You agree to be financially responsible for all of your use of this Web site (as well as for use of your account by others, including without limitation minors living with you). You agree to supervise all usage by minors of this Web site under your name or account. You also warrant that all information supplied by you or members of your household in using this Web site is true and accurate. You agree that the reservations facilities of this Web site shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You understand that overuse or abuse of the reservation facilities of this Web site may result in your being denied access to such facilities. For any reservations or other services for which fees may be charged, you agree to abide by the terms or conditions of purchase imposed, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of rates, products, or services. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Web site or guarantee such accuracy. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Web site, you warrant to HVM L.L.C. that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. COPYRIGHT AND TRADEMARK NOTICES
All materials contained in the Site are the copyrighted property of HVM L.L.C. or Extended Stay, Inc., its affiliates, subsidiaries, or related companies. No material from the Site or any Internet site owned, operated, licensed, or controlled by us or any of these parties may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed without express prior written consent. All trademarks, service marks, trade names and trade dress and logos are proprietary. You may not use any of the trademarks, logos, or other proprietary information (including images, text, page layout, or form) without the prior express written consent. We value the trademarks and take infringement of them seriously. The following is a non-exhaustive list of the trademarks:
COUPON REGULATIONS
You may only use one electronic coupon per guest for the first stay only. LINKS
This Website may contain hyperlinks to Websites operated by parties other than HVM L.L.C. Such hyperlinks are provided for your reference only. HVM L.L.C. does not control, recommend, sponsor or endorse such Websites and is not responsible for their contents. Those Websites may have different privacy and security policies. If you click onto another Website, you may want to check the privacy policy of that Web site. HVM L.L.C. is not responsible for the privacy and/or security policies of other sites. LIMITATION ON LIABILITY
HVM L.L.C. shall not be liable for any lost profits, cost of cover, direct, indirect, incidental, special, reliance, consequential or punitive damages that result from the use of, or the inability to use, the site or the services or functions of the site or arising out of your access to, or inability to access, the site or your reliance upon the site or the services, content or materials in, or functions of, the Site, provision of, or failure to provide services, or information, or any damages whatsoever resulting from loss of use, data, or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability (including negligence), to the extent permitted by law. HVM L.L.C. has no duty to update the Site or the contents thereof at any time or for any reason. Your use of the Site is at your own risk. DISCLAIMER
By using this Site, you agree to our Privacy and Security Statement and acknowledge we collect certain individual specific information. You agree that your use of this site is at your own risk. The content, materials, and services in this Site, are on an "AS IS" and “AS AVAILABLE” basis without any warranty, representation, condition, undertaking or term of any kind, express or implied, statutory or otherwise, including but not limited to the warranty of merchantability, non-infringement of intellectual property, or fitness for a particular purpose, as permitted by applicable law. HVM L.L.C. makes every effort to ensure the accuracy of the information contained on its Site. However, at times, the Site may contain errors, inaccuracies, omissions or incomplete data (including without limitation mistaken hotel rates or availability). HVM L.L.C. does not warrant, represent or endorse the accuracy, reliability, usefulness or completeness of the services, the Site content, or materials in the Site, any site linked to it, information in the Site, text, graphics, links or other items contained within the materials or the Site. Further, we do not warrant that the site or the services, content, materials or functions contained in the site will be continuously available, uninterrupted or error-free, that defects will be corrected, or that the site, services, content, materials or the servers that make the site or such services, content and materials available are free of viruses or other harmful components or are accurate or complete. We do not warrant or make any representations regarding the use or the results of the use of the services, content, materials, or functions available through the site in terms of their correctness, accuracy, reliability, or otherwise. HVM L.L.C. reserves the right to make changes, corrections and/or improvements to the Site, and to the services and programs described in such information, at any time without notice. We reserve the right to cancel or modify reservations where it appears that a customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error. You agree that HVM L.L.C. is not responsible or liable in any way for injury, loss or damage to your computer or interception or use of credit card information, related to or resulting from use of the site. INDEMNIFICATION
You hereby indemnify, defend and hold us, Extended Stay Inc., and the Extended Stay Hotels (including the four specific hotel brands) and each of our and their owners, partners, members, affiliates, and each of such person's or entities' officers, directors, agents, contractors, subcontractors, guests, residents, visitors, licensees, invitees, and employees (collectively, the "Indemnified Parties") harmless from and against any and all allegations, demands, claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including reasonable attorneys' fees) loss of or damage to any property or otherwise ("Claims") arising out of or in any way connected with this Agreement (except as and to the extent prohibited by applicable law) or Claims arising from your account, including, without limitation, any Claims related to infringement by you of the intellectual property rights of any person, including without limitation, copyright, patent, trade secret, trade mark, artist rights, privacy, publicity or rights under other intellectual property laws. In the event that any Claim is made or any action or proceeding is brought against the Indemnified Parties, or any of them, arising out of or connected with this Agreement, any such Indemnified Party may, by reasonable notice to you, require you, at your expense, to resist such Claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior written approval of such Indemnified Party, which approval shall be deemed to have been given hereby in the case of counsel acting for your insurance underwriters engaged in such resistance or defense. You shall cooperate with us in the defense of any Claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711)
We make no guaranty of confidentiality or privacy of any communication or information transmitted on the site or any web site linked to the site. W will not be liable for the privacy of the information, e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content transmitted over networks accessed by the site, or otherwise connected with your use of the site. Copyright © 2005 Extended Stay Hotels, c/o HVM L.L.C., 100 Dunbar Street, Spartanburg, SC 29306; Telephone: 864-573-1600; U.S.A. All rights reserved.
Your use of this web site, ExtendedStayHotels.com, is governed by the following terms and conditions. Your use of this website constitutes an Agreement between you and HVM L.L.C. and your acceptance of Extended Stay Hotels Privacy and Security Statement (Click Here for Privacy and Security Statement). Please review these terms and conditions before using this site.
By using this site you agree to each and all of the terms and conditions set forth below. If you do not agree with these terms and conditions, please immediately leave the Site. If you are not eighteen (18) years of age or older or are otherwise incapable of entering into a legally binding agreement, please immediately discontinue use of this Site.
HVM L.L.C. may, at any time, in its sole discretion, modify, add, or remove the terms and conditions of this Agreement without notice and to be effective immediately; therefore, please check these terms periodically for changes. Your continued use of the Web Site following any changes to this Agreement shall be deemed acceptance of any such changes. Please print and retain a copy of this Agreement for your records.
PERSONAL AND NONCOMMERCIAL USE LIMITATION
This Web site is for your personal, noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services found on, or obtained from, this Web site. USE OF THE WEB SITE
You agree to be financially responsible for all of your use of this Web site (as well as for use of your account by others, including without limitation minors living with you). You agree to supervise all usage by minors of this Web site under your name or account. You also warrant that all information supplied by you or members of your household in using this Web site is true and accurate. You agree that the reservations facilities of this Web site shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You understand that overuse or abuse of the reservation facilities of this Web site may result in your being denied access to such facilities. For any reservations or other services for which fees may be charged, you agree to abide by the terms or conditions of purchase imposed, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of rates, products, or services. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Web site or guarantee such accuracy. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Web site, you warrant to HVM L.L.C. that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. COPYRIGHT AND TRADEMARK NOTICES
All materials contained in the Site are the copyrighted property of HVM L.L.C. or Extended Stay, Inc., its affiliates, subsidiaries, or related companies. No material from the Site or any Internet site owned, operated, licensed, or controlled by us or any of these parties may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed without express prior written consent. All trademarks, service marks, trade names and trade dress and logos are proprietary. You may not use any of the trademarks, logos, or other proprietary information (including images, text, page layout, or form) without the prior express written consent. We value the trademarks and take infringement of them seriously. The following is a non-exhaustive list of the trademarks:
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| Extended Stay HotelsSM | Suite OffersSM |
| Studio Plus Deluxe Studios® | Extended Stay America Efficiency Studios® |
| Crossland Economy Studios® | Ambay® |
| Crossland® | Estada® |
| Extended Stay America® | Portico® |
| Portico Deluxe Suites® | Portico Efficiency Suites® |
| The Affordable Way to Stay & Stay® | Extstay.com SM |
| Famous Road Warriors® | Hometown Inn® |
| Road Warriors® | U.S. Stay® |
| Your Perfect Place for an Extended Stay® | Portico Efficiency Suites® |
| Studio Plus® | Extended Stay DeluxeSM |
| Extended Stay Deluxe SuitesSM | 1-800-EXTSTAYSM |
| Homestead Studio SuitesSM | 1-888-STAY-HSDSM |
| Homestead SuitesSM | A Room. A Kitchen. A Reasonable Price.SM |
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You may only use one electronic coupon per guest for the first stay only. LINKS
This Website may contain hyperlinks to Websites operated by parties other than HVM L.L.C. Such hyperlinks are provided for your reference only. HVM L.L.C. does not control, recommend, sponsor or endorse such Websites and is not responsible for their contents. Those Websites may have different privacy and security policies. If you click onto another Website, you may want to check the privacy policy of that Web site. HVM L.L.C. is not responsible for the privacy and/or security policies of other sites. LIMITATION ON LIABILITY
HVM L.L.C. shall not be liable for any lost profits, cost of cover, direct, indirect, incidental, special, reliance, consequential or punitive damages that result from the use of, or the inability to use, the site or the services or functions of the site or arising out of your access to, or inability to access, the site or your reliance upon the site or the services, content or materials in, or functions of, the Site, provision of, or failure to provide services, or information, or any damages whatsoever resulting from loss of use, data, or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability (including negligence), to the extent permitted by law. HVM L.L.C. has no duty to update the Site or the contents thereof at any time or for any reason. Your use of the Site is at your own risk. DISCLAIMER
By using this Site, you agree to our Privacy and Security Statement and acknowledge we collect certain individual specific information. You agree that your use of this site is at your own risk. The content, materials, and services in this Site, are on an "AS IS" and “AS AVAILABLE” basis without any warranty, representation, condition, undertaking or term of any kind, express or implied, statutory or otherwise, including but not limited to the warranty of merchantability, non-infringement of intellectual property, or fitness for a particular purpose, as permitted by applicable law. HVM L.L.C. makes every effort to ensure the accuracy of the information contained on its Site. However, at times, the Site may contain errors, inaccuracies, omissions or incomplete data (including without limitation mistaken hotel rates or availability). HVM L.L.C. does not warrant, represent or endorse the accuracy, reliability, usefulness or completeness of the services, the Site content, or materials in the Site, any site linked to it, information in the Site, text, graphics, links or other items contained within the materials or the Site. Further, we do not warrant that the site or the services, content, materials or functions contained in the site will be continuously available, uninterrupted or error-free, that defects will be corrected, or that the site, services, content, materials or the servers that make the site or such services, content and materials available are free of viruses or other harmful components or are accurate or complete. We do not warrant or make any representations regarding the use or the results of the use of the services, content, materials, or functions available through the site in terms of their correctness, accuracy, reliability, or otherwise. HVM L.L.C. reserves the right to make changes, corrections and/or improvements to the Site, and to the services and programs described in such information, at any time without notice. We reserve the right to cancel or modify reservations where it appears that a customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error. You agree that HVM L.L.C. is not responsible or liable in any way for injury, loss or damage to your computer or interception or use of credit card information, related to or resulting from use of the site. INDEMNIFICATION
You hereby indemnify, defend and hold us, Extended Stay Inc., and the Extended Stay Hotels (including the four specific hotel brands) and each of our and their owners, partners, members, affiliates, and each of such person's or entities' officers, directors, agents, contractors, subcontractors, guests, residents, visitors, licensees, invitees, and employees (collectively, the "Indemnified Parties") harmless from and against any and all allegations, demands, claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including reasonable attorneys' fees) loss of or damage to any property or otherwise ("Claims") arising out of or in any way connected with this Agreement (except as and to the extent prohibited by applicable law) or Claims arising from your account, including, without limitation, any Claims related to infringement by you of the intellectual property rights of any person, including without limitation, copyright, patent, trade secret, trade mark, artist rights, privacy, publicity or rights under other intellectual property laws. In the event that any Claim is made or any action or proceeding is brought against the Indemnified Parties, or any of them, arising out of or connected with this Agreement, any such Indemnified Party may, by reasonable notice to you, require you, at your expense, to resist such Claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior written approval of such Indemnified Party, which approval shall be deemed to have been given hereby in the case of counsel acting for your insurance underwriters engaged in such resistance or defense. You shall cooperate with us in the defense of any Claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711)
We make no guaranty of confidentiality or privacy of any communication or information transmitted on the site or any web site linked to the site. W will not be liable for the privacy of the information, e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content transmitted over networks accessed by the site, or otherwise connected with your use of the site. Copyright © 2005 Extended Stay Hotels, c/o HVM L.L.C., 100 Dunbar Street, Spartanburg, SC 29306; Telephone: 864-573-1600; U.S.A. All rights reserved.
