SH Suites, LLC
Terms & Conditions
SuiteHop.com and SH Suites, LC
If you continue to browse and use this website or otherwise transact business with SuiteHop (SH Suites, LLC), you are agreeing to comply with and be bound by the following terms and conditions of use. We encourage you to take a few moments to review.
I.Introduction and Definitions.
We are SH Suites LLC, a limited liability company formed in the state of Colorado. We operate a marketplace, including this website (the “ Website”), called SuiteHop through which we offer services and related goods. We sometimes call ourselves in these terms and conditions “SuiteHop” or “ we,” and we sometimes refer to you, the viewer or user, as “you,” “user,” “Buyer,” or “Seller.” We call all of the words in these terms and conditions the “Terms,” and we use other labels, set forth within parentheses, to refer to the meanings that we assign in these Terms to those labels.
II.Modification of These Terms.
We reserve the right, in our sole discretion and with or without notice, to modify, suspend, or temporarily or permanently discontinue the Services or any part of the Services at any time. We regularly perform maintenance on the Services, and even though we attempt to avoid adverse impact on you the Services may be temporarily unavailable from time to time.
III.Registration, Username, Password, Security.
You agree to keep confidential, not disclose, and use strictly in accordance with these Terms your registration name, password, and related registration information. You agree that you are solely responsible for all activity and transactions with respect to the Services that occur through or are enabled by the use of your registration information. You agree to notify us immediately upon learning of or suspecting that your registration information has been lost or stolen or has been or is being used in an unauthorized way. In the event that the Services are accessed or used in a way or by a person not authorized by us and as the result of the disclosure or use of your registration information or your acts or omissions, you agree to devote your best efforts to cooperate with and assist us to stop the unauthorized access or use, to prevent further unauthorized access or use, and to investigate, discover, or ascertain the sources, causes, or methods leading to, allowing, or enabling such unauthorized access or use.
V.Access to Services
You acknowledge that, in order to gain access to and use the Services, you must have access to the internet and you are solely responsible to provide all of the equipment needed and to pay any service fees that may be imposed for you to gain access to the internet. You acknowledge that some Service features or offerings may not be available to or usable by you unless your computers or devices meet the minimum requirements needed for you to have access to or use the Services, and you agree that you are solely responsible to determine whether your computers, devices, equipment, and methods of obtaining access satisfy the minimum requirements. In the event that your access to or use of the Services are interrupted or prevented by a failure of your computers, devices, equipment, or methods of obtaining access to meet any minimum requirements, you agree that your exclusive remedy will be to request termination of your access to or use of the Services.
We will not be liable for any loss or damage caused by any distributed denial-of-service attack, virus, or other harmful material or activity to which your computer equipment, computer programs, data, or devices may be exposed or connected related to your use of the Services.
We restrict access to certain parts of the Services. We also reserve the right to restrict access to any other parts of the Services at our sole discretion.
VI.Availability of Services.
The availability of the Services and their content may be affected by technical problems, communications problems, network delays, rescheduling, cancellations, or other reasons not within our control. You agree that we are not obligated to provide you with any particular or specific content.
We may use automated systems and processes to maintain the Services or to identify or prevent unauthorized uses or activities. Our use of automated systems or processes may result in the automated or mechanical suspension, cancellation, or termination of registrations, user accounts, passwords, transactions, and other qualifications or permissions related to the Services. You agree that, in the event that your use of the Services or of any registration, account, password, permission, qualification, transaction, or other activity in connection with your use of the Services is suspended, cancelled, or terminated in error, you will contact us to request reinstatement or other correction. We may reverse or otherwise deal with any suspension, cancellation, or termination in our sole discretion.
VII.Compliance with Laws/Regulations.
You agree to comply with all applicable laws and regulations in connection with your use of the Services, and you agree that you will not use the Services for any unlawful purpose. You agree to comply with any other limitation or restriction on your use of the Services of which we may notify you. We reserve the right to disclose any information about you or your use of the Services in connection with any investigation by us or by a law enforcement authority.
We own all copyright rights in, or have licenses or other permission to use and display, the text, images, photographs, video, audio, graphics, user interfaces, and other content of the Services to the full extent provided under the copyright laws of the United States and other countries. Our rights include all rights related to the selection, coordination, and arrangement of the content regardless of whether performed by us or by you. Except as we have expressly provided in these Terms, you are prohibited from copying, reproducing, modifying, displaying, publishing, performing, distributing, broadcasting, or transmitting any content of the Services for any purpose. You may use the Services and the content of the Services solely for your own individual, non-commercial purposes, unless you first obtain our express consent in writing.
IX.Prohibited Uses Generally.
You agree to refrain from doing any of the following in connection with your use of the Services, your use of information that we provide to you, or your use of information that you obtain through the Services unless your action or behavior is expressly permitted under the other parts of these Terms:
Using, making, or providing incomplete, false, or inaccurate statements or information for the purpose of registering as a user or for any other purpose.
Allowing any other person or entity to use your user information or password for any purpose other than your own use of the Services.
Using our trademarks, logos, or copyrighted property without first getting our permission in writing.
Contacting or inviting contact from any other Service user for any reason other than the purpose for which you received the user’s contact information.
Advertising or soliciting for any business, survey, contest, chain letter, or pyramid scheme.
Distributing, broadcasting, or publicly displaying the content of the Services.
Selling, renting, distributing, or using another Service user’s information for any purpose other than your own use of the Services.
Using threatening, abusive, or harmful language or behaving in a threatening, abusive, or harmful manner.
Posting, distributing, publishing, or displaying copyrighted or confidential material or information unless you own the copyright, material, or information or have first obtained a license or other permission for your and our disclosure or use of the material or information.
Infringing on any intellectual property, privacy, or publicity right of any other person.
Changing, moving, or deleting any information, content, or other material of any other Service user.
Copying, reproducing, reverse engineering, modifying, decompiling, disassembling, or otherwise attempting to obtain or derive source code or software.
Creating or attempting to create derivative works from any content or software without first getting our permission in writing.
Using any virus, Trojan horse, worm, time bomb, robot, spider, scraper, avatar, or other computer programming routine, engine, automated tool, or method to access or interact with the Services for any purpose without first getting our permission in writing.
Taking any action that may impose, as we may determine in our sole discretion, an unreasonable or disproportionately large load on our equipment or services or that may otherwise interfere with the Services or any activity being conducted on or through the Services.
Taking any action or using any method to avoid, bypass, circumvent, disable, or otherwise render ineffective or inoperative any measure we may use to prevent or restrict access to or use of the Services.
Doing anything that we may determine, in our sole discretion, may misuse the Services or otherwise negatively impact us, the Services, or any third party.
We may investigate any activity or occurrence that we suspect may involve a violation of the security of the Services or of the law. We may report any activity or occurrence to and cooperate with law enforcement authorities to investigate and prosecute any violation of the law.
You and we agree that when your user registration or credentials are used to submit, provide, post, or add content, other than your user registration information, to or in connection with the Services, you own, are solely responsible for, and assume all liability associated with any content so submitted, provided, posted, or added. By submitting content to us, you represent and warrant to us that you own the content or control all rights necessary for you to provide the content to us and that our use of the content will not violate, misappropriate, or infringe on the rights of any third party or any applicable law. You agree to indemnify us for and hold us harmless against any claim, damage, or loss arising or resulting from any content provided through the use of your user registration or credentials.
By submitting content to us, you grant to us a worldwide, perpetual, irrevocable, non-exclusive, transferable, and royalty-free right and license to, in any way and using any media or technology now known or that may in the future exist, use, modify, reproduce, store, translate, publish, display, distribute, publically perform, create derivative works from, and sub-license any content that you provide to us in connection with your use of the Services. You also grant to us the right and license to use your name or image in connection with our use or sub-licensing of the content. We will not pay you any compensation for any use of the content.
Without undertaking any obligation to do so, we reserve the right, in our sole discretion and without notice, to refuse to post, monitor, edit, or remove any content that you provide and to terminate your ability to post content. We are under no obligation to maintain any content that you provide.
In the event that you believe that any content offered or provided on or through the Services is objectionable, violates the law, or may cause injury to you, us, or any third party, you agree to immediately notify us by email addressed to Content@SuiteHop.com of the reasons for your belief. You agree that, even though you may notify us of your belief, we are not obligated to take any particular action to respond to your notice. You also agree that, despite having received your notice, we will be under no duty to you or to any third party to act or to refrain from acting and that you will not seek to hold us liable for taking or for failing to take any action after you provide your notice.
The Services may contain links to other websites or services that are not under our control. We provide links only for your convenience. We are not responsible for the content of, changes to, or updates to the linked websites or services. We do not endorse any company, product, or service by identifying or providing a link to a third-party website or service
If you create or provide a link to the Website, you agree that you will not state or imply that we endorse or sponsor you or your website; you will not present false information about us, the Services, or any of our products or services; and you will not include any content that we consider distasteful or offensive. In the event that you create a link to a page of the Services, you do so at your own risk. Even though we have stated or otherwise implied that we have permitted a link, we reserve the right, in our sole and absolute discretion and for any reason, to rescind our permission or to deny a request to link to the Services.
XII.Notice and Procedure for Making Claims of Copyright Infringement.
We reserve the right to immediately remove any of the Services’ content upon receipt by us of a notice provided for in the Digital Millennium Copyright Act (“DMCA”). If you believe that your copyrighted work is accessible on the Services in a way that infringes your copyright, please provide the following person, who we have designated and appointed as our agent under the provisions of the DMCA (“DMCA Agent”) with a written notice containing the following information (“DMCA Notice”):
DMCA Agent: DMCA Agent, SH Suites, LLC, 1748 Platte Street, Denver, Colorado 80202. Telephone: 1-844-784-8346. Email: DMCA-Agent@SuiteHop.com.
DMCA Notice Information: Please include “DMCA Notice” in the subject line. Identify the copyrighted work you claim has been infringed. Identify the material or information offered, published, or displayed on or through the Services or the part of the Services that you request be removed. State your name, address, telephone number, and e-mail address. State that you have a good faith belief that the use of the copyrighted work has not been or is not authorized by you or is not otherwise authorized by law. State that the information presented in your notice is accurate, and state, under penalty or perjury, that you are the owner of an exclusive copyright right that you allege has been infringed or that you are authorized to act on behalf of the owner. Include your electronic or physical signature.
We will respond only to DMCA Notices given to us through this procedure. We will not respond to any other communication or notice directed to us using this procedure.
XIII.Disclaimer of Warranties.
WE PROVIDE THE SERVICES, CONTENT, AND ANY TICKET, LICENSE, OR RIGHT OF ACCESS OR USE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, RELATING IN ANY WAY TO THE SERVICES, THE WEBSITE, THE CONTENT OF THE SERVICES OR THE WEBSITE, OR ANY OTHER SERVICE OR CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH OR USING THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; WARRANTIES OF TITLE; WARRANTIES AGAINST INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SERVICES; WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICES; WARRANITES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA; AND WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, COURSE OF DEALING, USAGE OF TRADE, OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY.
WITHOUT AFFECTING THE GENERALITY OF THE FOREGOING, WE DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL MEET OR FULFILL YOUR NEEDS OR REQUIREMENTS OR THOSE OF ANY OTHER PERSON. WE DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION PROVIDED THROUGH THE SERVICES WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES, SO SOME OF DISCLAIMERS SET FORTH HEREIN MAY NOT APPLY TO YOU. By making these disclaimers, we do not intend to exclude or limit any warranty that we are prohibited by law from limiting or excluding.
XIV.Limitation of Liability.
WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR CONNECTED OR RELATED IN ANY WAY TO THE SERVICES; YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SERVICES OR ANY WEBSITE LINKED TO OR FROM THE SERVICES; ANY CONTENT CONTAINED IN OR PROVIDED THROUGH THE SERVICES; OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE OF OR THROUGH THE USE OF ANY EQUIPMENT OR SERVICES THROUGH WHICH THE SERVICES ARE PROVIDED, ACCESSED, OR OTHERWISE DISTRIBUTED. THE DAMAGES AND LOSSES FOR WHICH WE WILL NOT BE LIABLE INCLUDE DAMAGES FOR LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, AND BUSINESS INTERRUPTION AND DAMAGES THAT RESULT FROM INACCURATE INFORMATION, INCONVENIENCE, DELAY, AND LOSS OF THE USE OF THE SERVICES. WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY EVEN IF WE OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES DESCRIBED HEREIN. THE LIMITATIONS SET FORTH HEREIN APPLY TO AND PROTECT US; OUR AFFILIATES; ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES; AND ANY WEBSITE LINKED TO OR FROM THE SERVICES, EACH OF WHOM SHALL BE DEEMED A BENEFICIARY OR A THIRD PARTY BENEFICIARY FOR PURPOSES OF THIS LIMITATION.
WE WILL NOT BE LIABLE FOR THE DAMAGES DESCRIBED ABOVE REGARDLESS OF WHETHER OUR ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. By setting forth these exclusions and limitations, we do not intend to exclude or limit any liability that we are prohibited by law from limiting or excluding.
IN THE EVENT THAT THE LIMITATION SET FORTH ABOVE DOES NOT APPLY TO THE FULL EXTENT AS IS SET FORTH ABOVE, OUR TOTAL LIABILITY TO YOU AND TO ANY THIRD PARTY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION ARISING UNDER THESE TERMS WILL NOT EXCEED ONE HUNDRED DOLLARS ($ 100.00).
You agree to indemnify and defend us and our affiliates, licensors, suppliers, advertisers, and sponsors, and our and their respective employees, consultants, agents, and other representatives (“ Indemnified Parties”) and to hold us and them harmless from and against any claim, demand, liability, damage, loss, cost, attorneys’ fee, and other expense that arises, directly or indirectly, out of or from your breach of these Terms; any allegation that any information that you submit, post, or transmit to, on, or in connection with your use of the Services infringes or otherwise violates any copyright, trademark, trade secret, or other intellectual property or other right of any third party; any federal, state, municipal, county, or other tax obligation or any amount due or owing under any tax law or regulation; or your acts or omissions in connection with your access to or use of the Services.
You agree that any dispute, controversy, or claim that has arisen or may arise between you and us arising out of or relating to these Terms, your use of or access to the Services, or the sale or purchase of any service or good by your access to or use of the Services will be resolved exclusively through final and binding arbitration. The arbitrator’s award will be final and binding, and the successful party will be entitled to ask a court having jurisdiction to enter a judgment in favor of the successful party based on the award rendered by the arbitrator.
The arbitrator will have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including our agreement to arbitrate disputes. The Federal Arbitration Act will govern the interpretation and enforcement of our agreement to arbitrate.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including, as may be applicable, the AAA’s Supplementary Procedures for Consumer-Related Disputes, except as modified by these Terms. A form for initiating an arbitration proceeding, called a “Demand for Arbitration,” is available on the AAA’s website at www.adr.org. In addition to filing a Demand for Arbitration with the AAA, you must send a copy of your Demand for Arbitration to us at: SH Suites, LLC, 1748 PLATTE STREET, DENVER, Colorado 80202. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. The arbitration shall be held in the City and County of Denver, Colorado or at another location upon which you and we mutually agree.
IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION AGREEMENT, YOU MUST NOTIFY US IN WRITING WITHIN THIRTY (30) DAYS OF THE DATE THAT YOU FIRST ACCESS THE SERVICES. YOUR WRITTEN NOTICE MUST INCLUDE YOUR NAME, YOUR ADDRESS, AND THE USER INFORMATION THAT YOU USED TO REGISTER WITH US. YOUR NOTICE MUST ALSO CONTAIN A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION. YOUR WRITTEN NOTICE MUST BE MAILED TO: SH SUITES, LLC, 1748 PLATTE STREET, DENVER, COLORADO 80202. THE ONLY WAY THAT YOU WILL NOT BE BOUND BY THESE TERMS TO ARBITRATE IS BY GIVING NOTICE TO US AS PROVIDED HEREIN. IN THE EVENT THAT YOU GIVE US SUCH NOTICE, ALL OTHER PARTS OF THESE TERMS WILL CONTINUE TO APPLY TO YOU AND TO US.
YOU AND WE AGREE THAT EACH OF US MAY BRING ANY CLAIM AGAINST THE OTHER, WHETHER BY ARBITRAION OR TRIAL BY JUDGE, ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR OR COURT MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS. ANY ARBITRATOR OR COURT MAY NOT PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ** YOU AND WE ACKNOWLEDGE THAT THE WAIVER OF CONSOLIDATION, JOINDER OF CLAIMS, AND CLASS-ACTION CLAIMS IS MATERIAL AND ESSENTIAL TO THE ARBITRATION OF ANY DISPUTES BETWEEN THE PARTIES AND IS NON-SEVERABLE FROM OUR AGREEMENT TO ARBITRATE CLAIMS. ** THE ARBITRATOR OR COURT, AS THE CASE MAY BE, MAY AWARD RELIEF, REGARDLESS OF THE FORM OF RELIEF GRANTED, ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO REMEDY THAT PARTY’S INDIVIDUAL CLAIM.
XVII.Choice of Law and Forum.
These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, excluding its conflict of law rules. To the extent that any court may have jurisdiction over any dispute, controversy, or claim arising out of or relating to these Terms, your use of or access to the Services, the sale or purchase of any service or good by your access to or use of the Services, or otherwise, such dispute, controversy, or claim shall be resolved in, and shall be subject to, the exclusive jurisdiction of the state and federal courts in and for Denver, Colorado. You consent to the exclusive personal jurisdiction and venue of the state and federal courts in and for Denver, Colorado.
XVIII.Jurisdiction in United States.
We operate the Services in the United States of America. The Services are offered only within the United States or in relation to postings originating from within the United States. We do not represent that content, information, or materials offered or presented on the Services are appropriate for use in any other location. If you access the Services from a place other than the United States, you agree to be responsible for complying with your local laws.
XIX.Entire Agreement, Severability, and Amendment.
These Terms and the policies and agreements incorporated herein by reference constitute the entire agreement between you and us and supersede any prior or contemporaneous communication or proposal made or received by either of us. If any portion of these Terms is held to be invalid or unenforceable, that portion shall be construed in a manner, consistent with the law, to reflect as nearly as possible the parties’ original intent. All of the remaining parts of these Terms will remain unaltered and in full force and effect. These Terms may be modified only by our posting on the Services changes to these Terms or by a writing signed by us.
You may not assign or transfer these Terms or any of your rights or obligations without first obtaining our consent in writing. We can refuse to give our consent in our sole discretion.
Our failure to enforce any part of these Terms or to take action for redress of or to remedy any breach of these Terms will not be deemed to be a waiver by us of our right to enforce any part of these Terms or to seek or receive any remedy or redress.
The information provided or supplied on or through the Services or by any of our employees or agents is offered, supplied, and provided only as general guidance and does not constitute legal, accounting, tax, or other professional advice. We encourage you to consult with your own professional advisors and obtain advice about your specific situation and circumstances from qualified professionals.
We may, at any time, with or without cause or notice, and in our sole discretion, terminate or revoke these Terms, any rights or licenses we have granted to you, or your access to all or any part of the Services.
XXIV.Survival of Provisions.
The provisions of these Terms will survive the suspension or termination of your access to the Services or of these Terms.
You agree that no joint venture, partnership, employer-employee, franchisor-franchisee, or agency relationship exists between you and us as a result of these Terms or of your use of the Services. Nothing contained in these Terms should be construed to prevent us from complying with agovernment request or requirement. Section and paragraph headings are for the purposes of reference only and do not affect or modify the terms or provisions of any section or paragraph. Except as is expressly provided otherwise in these Terms, these Terms are for your and our benefit only and is not intended to benefit any third party.
We may, at our sole option, give you any notice by posting the notice on the Services, by using electronic mail,by sending conventional mail, or by using any other method reasonably calculated to provide you actual knowledge of the contents of the notice. You agree that we may address electronic and conventional mail to you using to the addresses you provide with any user information that you submit to us. You must give us notice by sending electronic mail addressed to Content@SuiteHop.com or by sending conventional mail addressed to SH Suites, LLC, 1748 PLATTE STREET, DENVER, Colorado 80202. Please report any violation of these Terms by electronic mail addressed to @SuiteHop.com.
XXVII.Update and Effective Dates.
These Terms were updated on September 1, 2015 and is effective as of September 1, 2015.