Site Usage Terms and Conditions
This Site is owned and operated by Carlson Hotels, Inc. (“Carlson Hotels”). Carlson Hotels may revise these Terms and Conditions at any time. Your continued use of this Site will mean you accept those changes, and you will comply with all applicable laws and regulations. The materials provided on this Site are protected by law, including, but not limited to, United States copyright laws and international treaties. Additional terms and conditions apply to hotel reservations.
Use of Site
You may only use this site if you are at least 18 years of age and can enter into binding contracts (the Site is not available for use by minors). By using this Site, you agree that you are at least 18 years of age. All information and materials contained on this Site are for informational purposes only. Some of the information and materials contained on this Site may be provided by franchisees that retain control over the policies and procedures implemented at their hotels.
The content on this Site, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from Carlson Hotels’ licensors, and other materials, (“Contents”) is protected by copyright under both United States and foreign laws. Title to the Contents remains with Carlson Hotels. Any use of the Contents not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of Carlson Hotels or its licensors. Carlson Hotels authorizes you to view and download a single copy of the Contents solely for your own lawful, personal, non-commercial use if you include the following copyright notice:”© 2016 Carlson Hotels, Inc. All rights reserved” and retain other copyright and proprietary rights notices which were contained in the Contents. Any special rules for the use of other items provided on the Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference. The use of the Contents on any other website or in a networked computer environment for any purpose is prohibited. All rights not expressly granted herein are reserved to Carlson Hotels and its licensors. If you violate any of these Terms and Conditions, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.
You may not, without Carlson Hotels’ written permission, “mirror” any Contents contained in this Site on any other server. You may not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site through hacking, password mining or any other means. Carlson Hotels reserves the right, in its sole discretion, to terminate your access to the Site, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
Carlson Hotels is pleased to hear from our users and we welcome your comments regarding the Site and our products and services. Unfortunately, however, our long-standing company policy does not allow us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested. We employ a talented staff and consultants who may be working on the same or similar ideas. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff and/or consultants might seem to others to be similar to their own creative work. Please do not send us any unsolicited original creative materials of any kind.
If, at our request, you send certain specific submissions, or, despite our request, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, our property. Carlson Hotels may treat the Submissions as non-confidential information and shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Carlson Hotels shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation or obligation to the provider of the Submissions.
Except as provided under Idea Submissions (above), Carlson Hotels does not claim ownership of any of the text, photographs, images, illustrations, graphics, sound recordings, video, audio-video clips, and other content that you submit to Carlson Hotels using the social networking tools we make available to you (each a “Communication”). For clarity, one way that Communications differ from other information you provide to us is that, once submitted, Communications are made available instantaneously to others. Examples of Communications include comments posted on our blogs or in chatrooms we sponsor.
You agree that you will not make any Communication that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any Communication that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Communication unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; impersonate another person; (d) distribute viruses or other harmful computer code; (e) harvest or otherwise collect information about others, including email addresses, without their consent; (f) post the same note more than once or “spamming”; or (g) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of Carlson Hotels, exposes us or any of our licensors, partners, or customers to any liability or detriment of any type.
By making a Communication, you agree that such Communication is non-confidential, non-proprietary, and may be disseminated or used by Carlson Hotels. If you make a Communication, you automatically grant – or warrant that the owner of such content has expressly granted – Carlson Hotels a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Communication in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, Carlson Hotels is not required to use any Communication.
You are solely responsible for your Communication, the consequences of making a Communication, and your reliance on any Communication. Carlson Hotels is not responsible for the consequences of any Communication. Carlson Hotels is not responsible for screening or monitoring Communications made to this Site by users. If notified by a user of a Communication allegedly in violation of these Terms and Conditions, Carlson Hotels may investigate the allegation and determine in good faith and its sole discretion whether to remove such Communication. Carlson Hotels will have no liability or responsibility to users for performance or nonperformance of such activities.
Carlson Hotels reserves the right (but is not obligated) to: (a) record the dialogue on the Site; (b) investigate an allegation that a Communication does not comply with these Terms and Conditions and determine in its sole discretion to remove or request the removal of the Communication; (c) remove Communications which are abusive, illegal, disruptive, or outdated, or otherwise fail to comply with these Terms and Conditions; (d) terminate a user’s access to any or all parts of the Site upon any breach of these Terms and Conditions or the law; (e) monitor, edit, or disclose any Communication; or (f) edit or delete any Communication posted on the Site, regardless of whether such Communication violates these Terms and Conditions.
Any and all offers or promotions advertised on this Site are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.
Mobile Application Terms
The following provisions apply to users of Carlson Hotels mobile apps (each, an “App”):
Apple and Google are Not Responsible for our Apps
Users of Apple Apps
If you download and/or use our iPhone or iPad Apps: You, the end-user of the App, acknowledge that this Agreement is entered into by and between Carlson Hotels and you, and not with Apple, Inc., and that Apple, Inc. is not responsible for the App and/or its Contents. Notwithstanding the foregoing, you acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of this agreement with Carlson Hotels, and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce these Terms and Conditions. You acknowledge that Apple, Inc. has no obligation whatsoever to maintain or support the App. You acknowledge that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS). These Carlson Hotels Terms and Conditions also incorporate by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For the purposes of these Terms and Conditions, the App is considered the “Licensed Application” as defined in the LAEULA and Carlson Hotels is considered the “Application Provider” as defined in the LAEULA. If any of these Terms and Conditions conflict with the terms of the LAEULA, these Terms and Conditions shall control.
Users of Android Apps
If you download and/or use our Apps from Google play: You, the end-user of the App, acknowledge that Carlson Hotels, not Google Inc., licenses the right to install and use each App. You acknowledge that Google has no obligation whatsoever to maintain or support the App. You acknowledge that you have reviewed Google play’s Site Terms of Service (“Terms”)(located online at http://play.google.com/intl/en_us/about/play-terms.html), and that your agreement with Carlson Hotels under these Terms and Conditions incorporates those Terms by reference. If any of these Terms and Conditions conflict with the Terms, these Terms and Conditions shall control.
You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported: (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the App for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical, or biological weapons.
Special Terms Governing Keyless Entry through our RED App
Keyless Entry functionality is available at participating hotels to guests who have downloaded our RED App, who have a valid reservation for a single guest room, and who have elected to use Keyless Entry. Valid reservations may not include certain reservations made through meeting planners, travel agents, wholesalers, and third-party websites.
In order to use Keyless Entry you must ensure that all necessary settings and required network communications are enabled and correct, including, without limitation, allowing and enabling push notifications to be sent to your mobile device. In addition, you acknowledge and agree that Keyless Entry can only be used when Bluetooth functionality is enabled on your mobile device and that mobile keys can only be issued to or deleted from the RED App when your mobile device has network connectivity. If your mobile device does not have network connectivity at any time, you will only be able to use valid mobile keys already installed in the RED App. Mobile keys licensed to you are specific to your mobile device and you will have to re-download the RED App and re-register for Keyless Entry if you get a new mobile device.
If Keyless Entry is available to you, you acknowledge and agree that your guest room number for a valid reservation will be sent to your mobile device through the RED App and will be viewable to anyone with access to your mobile device through the RED App. You are solely responsible for restricting use of the RED App on your mobile device and keeping your mobile device secure—for example, by using passwords or other security functions necessary to restrict access to your mobile device or the RED App. You agree that you will not allow a third party to use your mobile device to access the RED App or use Keyless Entry on your mobile device.
If at any time while you have a reservation that can be accessed via Keyless Entry your mobile device is lost, stolen, or hacked, you agree to immediately contact the front desk of the hotel where the reservation was made and to follow any instructions that the hotel or that Carlson Hotels provides, including, without limitation, deleting or consenting to the deletion of any mobile keys from your mobile device). Neither Carlson Hotels nor any participating property will be responsible for any problems or claims that may result from your failure to adequate secure your device or to notify the applicable hotel in the event that your mobile device is lost, stole, or hacked or is otherwise no longer in your possession or control or is compromised.
You agree that you will only use Keyless Entry in connection with a valid reservation for the intended purposes of checking-in and of using your mobile device to access designated areas that you are lawfully permitted to access, including the guest room assigned to you. You shall not use Keyless Entry for any other purpose and you may only use Keyless Entry on a mobile device that you control.
Copyright and patent laws and international treaty provisions protect Keyless Entry software and mobile keys. Any reproduction or redistribution of the software or mobile keys is expressly prohibited by law and may result in severe civil and criminal penalties. Without limiting the foregoing, copying or reproduction of the software or mobile keys for further reproduction or redistribution is expressly prohibited. Carlson Hotels grants to you a limited, non-exclusive, non-transferable, revocable license to use Keyless Entry functionality on your mobile device while it is in your possession and under your control and only for use as otherwise set forth in these terms.
Liability of Carlson Hotels and Its Licensors and Partners
The use of the Site or the Contents is at your own risk. The Contents in this Site could include technical inaccuracies or typographical errors. Carlson Hotels may make changes or improvements at any time.
THE CONTENTS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CARLSON HOTELS DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CARLSON HOTELS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CARLSON HOTELS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN THIS SITE IN TERMS OF THEIR CORRRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT CARLSON HOTELS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK.
If you download and/or use our iPhone or iPad App: You further acknowledge and agree that in no event will Apple, Inc. be responsible for any claims relating to the App (including, without limitation, a third party claim that the App infringes that third party’s intellectual property rights) or your use or possession of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You acknowledge and agree that, to the maximum extent permitted by applicable law, Apple, Inc. will have no warranty obligation whatsoever with respect to the App.
When you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. You agree to accept responsibility for all activities that occur under your account or password. Carlson Hotels reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
You agree to defend, indemnify, and hold Carlson Hotels, its officers, directors, employees, agents, licensors, and partners, harmless from and against any claims, actions, or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site or Contents, or your violation of these Terms and Conditions.
Access to the Contents may not be legal by certain persons or in certain countries. When you access the Site, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms and Conditions for any reason whatsoever: Liability of Carlson Hotels and it Licensors and Partners, Use Restrictions, Idea Submissions, User Communications, Indemnity, Applicable Laws, and Complete Agreement.
These Terms and Conditions are governed in accordance with the laws of Minnesota, United States of America, without regard to its conflict of law provisions. You and Carlson Hotels hereby expressly consent and submit to the exclusive jurisdiction of the state and federal courts of Hennepin County, Minnesota, United States of America for the adjudication or disposition of any claim, action or dispute arising out of these Terms and Conditions. If any provision or these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
You represent and warrant that you have the legal right, power and authority to agree to these Terms and Conditions on behalf of yourself and the member, buyer, supplier or other entity on whose behalf you are acting while participating in the Site. You further agree your use constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act (“E-Sign”) and the Uniform Electronic Transactions Act (“UETA”) (as enacted by the states) and that you have formed, executed, entered into, accepted the terms of, and otherwise authenticated these Terms and Conditions and acknowledged and agreed that these Terms and Conditions are an electronic record for purposes of E-Sign, UETA and the Uniform Computer Information Transactions Act (“UCITA”) and as such are completely valid, have legal effect, are enforceable, and are binding on, and non-refutable by you and the member, buyer, supplier or other entity on whose behalf you are acting.
Notice and Take Down Procedures
If you believe any Communication, Submission or other material accessible on or from the Site infringes your copyright, you may request removal of those materials (or access thereto) from this Site by contacting Carlson Hotels (address identified below) and providing the following information:
1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the Submission that you believe to be infringing and its location. Please describe the Submission, and provide us with its URL or any other pertinent information that will allow us to locate the Submission.
3. Your name, address, telephone number, and (if available) email address.
4. A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information you supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.
Our address and contact information for copyright issues relating to this Site are as follows:
Legal Department, MS 8249
701 Carlson Parkway
Minnetonka, MN 55305
+1 (763) 212-5211
Attn: Copyright Agent
In an effort to protect the rights of copyright owners, Carlson Hotels maintains a policy for the termination, in appropriate circumstances, of users of this Site who are repeat infringers.
Version 6.0/March 2016