Terms & Conditions
This web site and the related web sites contained herein collectively, the "Site") make available information on hotels owned or managed by Phoenix Hospitality, LLC. By accessing and utilizing this "Site", you agree to be bound by the following terms and conditions.
Please Read This Section Thoroughly Before Proceeding
This agreement ("Terms of Use") is a legally binding contract between you ("You" or "Your") and Phoenix Hospitality, LLC, its business units, divisions, subsidiaries, and consultants ("Hotel", "We", "Us", or "Our"). This agreement governs your use of any Web site or Web page operated by Hotel and its affiliate properties, including any site from which you access this agreement (collectively, the "Site").
Through the Site, the Hotel offers access to certain Goods, such as merchandise, gifts and accessories (collectively, the "Goods"), as well as certain services, including, but not limited to, reservation services for hotel accommodations, restaurants, and entertainment programs, enrollment in membership programs, advertising and special promotional offerings, including for employment, sale of merchandise, online resources and registration for vendors and travel agents, and online applications (collectively, the "Services"). You must read, agree with, and accept all of the terms and conditions contained in these Terms of Use governing the sale and delivery of any Goods and/or access to and use of the Services, and the Privacy Policy which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a guest("Guest") of the Hotel Site. By accessing the Site and/or the Goods and/or the Services You agree to the terms and conditions as outlined in these Terms of Use. If you do not agree to be bound by these Terms of Use, you are not authorized to use or access the Site or the Services or purchase the Goods.
The Hotel reserves the right to change, alter, modify, add or remove portions or entire sections of these terms and conditions at any time and make changes to the products and programs, offerings, described in the "Site" at any time at our discretion and without notice or liability.
Your Use Of This Site Is At Your Own Risk
In no event shall the Hotel, its agents, representatives or licensors be liable for any loss or injury or any damages, either direct, indirect, punitive, special, incidental, consequential or otherwise, resulting from, or in any way connected to, the use of this site or any information, in each case regardless of whether such damages are based on contract, tort, strict liability, or those other theories of liability.
Some jurisdictions do not allow the exclusion of implied warranties or consequential or incidental damages, so portions of the above-referenced exclusions may not directly apply to you. You hereby waive any and all claims against the Hotel, its agents, representatives and licensors arising out of your use of the Site or information.
Promotional Pricing and Availability and Employment Availability Information
The Hotel will not be responsible for typographical or other errors or omissions regarding prices or other information. All promotions are subject to these Terms of Use. Promotional offers and prices are for a limited time or as specified. Prices and promotions are subject to change without prior notice. Inventory and availability are subject to rapid change. In addition, employment opportunities on the Site are subject to change without prior notice.
Disclaimer of Warranty
Although we work very hard to provide you with the most current and accurate information on our Site, we can't and don't warrant that everything you see on this Site is up-to-date, error-free or complete. While we may periodically add, modify or delete any of the information on this Site, we don't make any commitment or assume any obligation or duty to do so, and you should assume that the information is current and up-to-date only as of the date it is posted to this Site. Neither we nor any of our consultants for this Site will be liable for any direct, incidental, consequential or punitivedamages arising out of your access to or use of this Site. Everything on this Site is provided to you "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Some jurisdictions may not allow the exclusion of implied warranties so this statement may not apply to you.
Except as indicated otherwise, all of the material on our Site is made available in order to provide you with information about our company, properties, marketing and business operations. We make no representations that the materials contained on this Site are accurate or appropriate for users in locations outside of the United States. Some software on this Site may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported to certain countries. By downloading any software, you are representing to us that you are doing so in compliance with all applicable state and federal laws.
The Hotel does not monitor, review, edit or contribute to any websites linked to the Site and is not responsible for the content of any such linked web sites. Your linking to such web sites is at your sole risk. We cannot be held responsible for the information, products, accuracies or inaccuracies, or services obtained from or on such linked sites and the Hotel will not be liable for any damages arising from your access, information derived, products purchased, used from such sites. Any and all links to other sites are provided solely for the convenience of the users to this Site and the inclusion of these links does not qualify, or should be interpreted as an endorsement of the linked sites or the content therein.
Non-Commercial and Personal Use Limitation
The Site was created as a source of information for your personal, non-commercial use. The materials on the Site are provided with "Restricted Rights". Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgement of Hotel's proprietary rights in them. No other governments are authorized to use the materials appearing on the Site without prior written permission from the Hotel. The Materials on the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, create derivative works from or distributed in any way, including by e-mail or other electronic means, without the prior consent of the Hotel. Any modification of the Materials, use of the Materials on any web site or networked computer environment, or use of the Materials for any purpose other than personal, non-commercial use, without the prior consent of the Hotel, is a violation of the copyright, trademark, and other proprietary rights in the Materials and is expressly prohibited. You may not sell any information, software, products or service found on or obtained from the Site. With the exception of the foregoing limited authorization, no license or right in any copyright of Phoenix Hospitality, LLC or any other party is granted or conferred to you.
The Hotel alone shall own all right, title, and interest, including all related intellectual property rights, to any suggestions, ideas, feedback, recommendations, comments, posting, or other information provided by You relating to the Site and/or the Services ("Submissions"), and You agree to assign such Submissions to the Hotel free of charge. The Hotel may use or not use such Submissions as it deems appropriate in its sole discretion.
The site is provided on an "as is" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, implied warranties, fitness for a particular purpose, or non-infringement, other than those warranties which are imposed by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
Trademarks
All of the Wyndham trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks used by Wyndham Wordwide and its subsidiaries and affiliates ("Wyndham"). Marks of third parties may appear on this Site to refer to those companies' goods and services and are the property of their respective owners. Nothing contained on the Site should be construed as granting any license or right to use any mark displayed on the Site without the written permission of the party that may own the marks displayed on the Site.
Link Authorization
In addition, you agree not to link your web sites or any other third party web site to the Site without the express prior written consent of Phoenix Hospitality, LLC.
Phoenix Hospitality, LLC reserves the right, at any time, for any reason not prohibited by law, to deny permission to anyone to link a web site to the Site.
Prohibited or Unlawful Use
As a condition of your use of the Site, you warrant to Phoenix Hospitality, LLC that you will not use the Site for a purpose that is unlawful or prohibited by these terms, conditions, and notices.
Overall
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Phoenix Hospitality, LLC as a result of this agreement or use of the Site. Any rights not expressly granted to you in writing or herein are expressly and exclusively reserved by Phoenix Hospitality, LLC.
Governing Law
Any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with, the laws of the State of Arizona applicable to contracts entered into and to be performed entirely within the State of Arizona.
