Welcome to WhyHotel. WhyHotel offers fully furnished apartments (the "Guest Units") in apartment buildings (each, a " Property") on a long or short-term basis for guests to stay ("Guest", "User" or " you"). These Terms and Conditions ("Terms") form a legal agreement between you and WhyHotel, Inc. (together with its subsidiaries "WhyHotel", "we", " us," or "our") and govern your use of the Guest Units , our website (located at www.whyhotel.com), our mobile applications, Wi-Fi network, in-room systems, and any other channel or mobile feature, and any other websites relating to WhyHotel or the Guest Units (the "Sites") and the various other related services, features, functions, software, applications, websites and networks (together with the Guest Units and the Sites, collectively, the " WhyHotel Services").
These Terms contain an Arbitration provision which will, with limited exception, require you to submit disputes you have against WhyHotel to binding and final arbitration. You will only be permitted to pursue claims against WhyHotel on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.1. Eligibility.
To make a reservation and to license a Guest Unit or to access and use the Sites and the other WhyHotel Services, you must be at least 21 years of age. By making a reservation, or licensing or occupying a Guest Unit or by accessing or using the Site, clicking the "I Agree" button or by downloading, installing or otherwise accessing or using any of the WhyHotel Services, you represent that:
Subject to your compliance with these Terms, WhyHotel hereby grants to you a limited, non-exclusive, non-transferable, freely revocable license to access and use the Site and the other WhyHotel Services to the extent of, and in accordance with, these Terms. Upon check-in to a Property, subject to your compliance with these Terms, WhyHotel grants you a limited, non-transferable, freely revocable license to access a Guest Unit for the duration of your reserved stay. Upon check-in to a Property and/or when making a reservation, WhyHotel may require you to execute an acceptance of these Terms, however even if you do not execute such acceptance, you nonetheless agree to be bound hereby.
Your license is subject to termination at any time in the sole discretion of WhyHotel as a result of a violation of these Terms. A violation of these Terms may result in the termination of your stay without refund and you and your guests removal from the Guest Unit and the Property.
WhyHotel reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized reservations, licensing or occupancy of the Guest Units or use of the Site or any of the other WhyHotel Services, including, but not limited to, removal from a Guest Unit, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.4. Guest Units.
If you arrive at a Property with your pet without having received prior approval, or if your pet is substantially different than described when approved, you may not be allowed to check-in. In this event, your reservation will be cancelled and you may still be charged for your stay. Guests who bring pets are subject to a pet cleaning fee in addition to any other cleaning fees. Additional fees will be assessed for any damage to the Guest Unit or the Property caused by your pet. WhyHotel will permit service animals in accordance with federal, state and local law.
Our cancellation policy may vary by Property and depending on your reservation method and the terms of the rate that is applicable to your reservation (e.g., it may be non-cancellable in whole or in part). You are responsible for reviewing the cancellation policy in your reservation confirmation. Refunds may not be available for stays which are terminated early after you check-in and will never be given for early check-outs for reservations booked with a minimum length of stay requirement.
In the event of a cancellation, it may take 72 hours or longer at the discretion of your card issuer for you to receive a refund.
The Website may contain technical inaccuracies and typographical or other errors in connection with information displayed on the Website, including without limitation rates, fees, or availability applicable to your transaction. WhyHotel assumes no responsibility or liability for such errors, inaccuracies or omissions. WhyHotel shall have the right to make changes, corrections, cancellations, and/or improvements to such information or reservations based on such information, at any time, including after confirmation of reservation.5. Support.
WhyHotel, in cooperation with the owner and/or property manager of each Property, provides support for all Guest Units. The contact information for your support will be provided when you check-in and is also available in your room. Support covers any problems that you encounter in your Guest Unit, including problems with your TV, WiFi, toilets, sinks, smoke detector, HVAC and similar. If there is an emergency that requires immediate attention, it is your responsibility to notify WhyHotel as soon as possible to prevent further damage.
WhyHotel also provides technical and other support with respect to reservations, the Guest Units, the Site and the other WhyHotel Services (a) by email at firstname.lastname@example.org or (b) by calling the applicable Property for inquiries related to a specific property or 202-897-1000 for general support. Support hours are generally 9:00 am to 5:00 pm EST, Monday through Friday with the exception of holidays and are subject to change by WhyHotel.6. Reviews.
WhyHotel may, from time-to-time, offer areas of the Services where you and other users can share ideas, comments, opinions or other information or materials (collectively, "Reviews"). You are responsible for your Reviews.
By submitting a Review, you represent and warrant that:
Reviews posted on the Services do not in any way represent the views of WhyHotel. Positive Reviews of any venue, or otherwise do not constitute a recommendation, endorsement, or guarantee by WhyHotel about such venue, and we make no representation as to the quality, accuracy, availability, or otherwise as to such Review. All Reviews are intended to reflect the personal impressions of users in their specific circumstances only, and not a general statement about the benefit of any Service over another. We recommend that you always research travel information from your own independent sources.
WHYHOTEL TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY REVIEW, INCLUDING LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER MATERIALS CONTAINED IN REVIEWS. UNDER NO CIRCUMSTANCES ARE YOU ENTITLED TO PAYMENT FOR YOUR REVIEWS. ALL REVIEWS ARE DEEMED NON-CONFIDENTIAL AND NON-PROPRIETARY.
If we cancel or otherwise disable access to your Account, you may be permanently prevented from accessing your Reviews, any or all of which may be deleted by us.7. Promotions.
From time-to-time, WhyHotel may offer you the opportunity to participate in challenges or other promotions (collectively, "Promotions"). You may not transfer, assign, sell, trade or barter any prize, premium of other benefit you receive through a Promotion. ANY PRIZE, PREMIUM OR OTHER BENEFIT IS AWARDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR GUARANTEE FROM WHYHOTEL, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
We reserve the right to modify, terminate or suspend the availability of Promotions and to correct errors or inconsistencies in Promotions-related materials. We may disqualify any individual who tampers with any Promotion. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF A PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND WE RESERVE THE RIGHT TO SEEK DAMAGES FROM SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to be bound by our decisions, which are final and binding in all matters relating to the Promotions. Promotions are subject to all applicable federal, state and local laws, rules and regulations. Promotions are void where that they are prohibited, restricted, or taxed.
BY PARTICIPATING IN A PROMOTION, YOU AGREE TO RELEASE WHYHOTEL AND ITS AGENTS FROM ANY AND ALL LIABILITY, LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH PARTICIPATION IN ANY PROMOTION-RELATED ACTIVITY OR THE RECEIPT, USE OR MISUSE OF ANY PRIZE OR PREMIUM THAT YOU MAY RECEIVE.8. Respecting Other People's Rights.
WhyHotel respects the rights of others and so should you. You therefore may not post or send Content that:
When you make a reservation to license a Guest Unit, you agree to provide current, complete and accurate information. You agree to promptly update any information that you provide, including your email address, phone number and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
If you change or deactivate the email that you used to make a reservation for any Guest Unit, you must update your information within 72 hours to prevent us from sending to someone else messages intended for you.10. Modification of these Terms.
WhyHotel reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms to the Site or otherwise through the other WhyHotel Services. If WhyHotel updates these Terms, it will update the "last updated" date at the top of the Terms. Please check these Terms, including any Policies, periodically for changes. Your continued (a) making of a reservation, (b) licensing or occupancy of a Guest Unit or (c) use of Site, after the posting of changes constitutes your binding acceptance of such changes. In the event that a change to these Terms materially modifies your rights or obligations, WhyHotel will make reasonable efforts to notify you of such change. WhyHotel may provide notice through a pop-up or banner within any of the WhyHotel Services, by sending an email to any address you may have used to make a reservation, or through other similar mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, WhyHotel may require you to provide consent by accepting the changed Terms. For all other changes, except as stated elsewhere by WhyHotel, such amended Terms or Fees will automatically be effective, replacing the previously-effective Terms or Fees. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR RESERVATIONS AND THE USE OF THE SITE AND ALL OF THE OTHER WHYHOTEL SERVICES.
To the extent that any modifications to the Terms are not allowed under applicable laws, the current version of the Terms or Policies shall continue to apply provided that such modifications shall not be effective and only with respect to the provisions modified, the prior version of the Terms shall continue to apply.11. Additional Policies and Terms.
When making a reservation, licensing or occupying any Guest Unit, or using the Site and any of the other WhyHotel Services, you will be subject to any additional posted policies, guidelines or rules applicable to the Guest Units and the use of the Site and features which may be posted from time to time (as added or modified from time to time, the " Policies"). All such Policies are hereby incorporated by reference into these Terms.
There may be additional terms and conditions (" Additional Terms") related to your use of the Services. You must agree to any applicable Additional Terms before using the features of the Services to which they apply. Unless otherwise specified in any Additional Terms, all Additional Terms are incorporated herein. If you do not agree to our Additional Terms, then you may not use the Services to which they relate. If any Additional Term is inconsistent with the provisions of these Terms, the Additional Term will prevail for the specific Services to which it applies.12. Termination; Terms Violations.
You agree that WhyHotel, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your ability to make a reservation or license or occupy a Guest Unit or use of the Site or any of the other WhyHotel Services and remove and discard all or any part of your user profile, and any Content, at any time. WhyHotel may also in its sole discretion and at any time discontinue your ability to make a reservation, license or occupy a Guest Unit or providing access to the Site, or any part thereof, with or without notice. You agree that any suspension or termination of your ability to make a reservation, license or occupy a Guest Unit or access to the Site or any the other WhyHotel Services may be undertaken without prior notice, and you agree that WhyHotel will not be liable to you or any third party for any such termination. WhyHotel reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing WhyHotel to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies that WhyHotel may have at law or in equity. As discussed herein, WhyHotel does not permit copyright infringing activities on the Site, the Guest Units or any of the other WhyHotel Services, and shall be permitted to terminate access to any of the WhyHotel Services, and remove all Content or other content submitted by any Users who are found to be repeat infringers. BY ACCEPTING THESE TERMS, YOU WAIVE AND SHALL HOLD WHYHOTEL HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY WHYHOTEL DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER WHYHOTEL OR LAW ENFORCEMENT AUTHORITIES.
Your only remedy against WhyHotel with respect to any dissatisfaction with the Guest Units is the right to receive a refund in the sole discretion of WhyHotel.
Your only remedy against WhyHotel with respect to any dissatisfaction with (i) the Site or any of the other WhyHotel Services, (ii) any term of these Terms, (iii) any policy or practice of WhyHotel in operating the Site and the other WhyHotel Services, or (iv) any Content transmitted through the Guest Units or any of these other WhyHotel Services, is to terminate your use of all of the WhyHotel Services.13. Digital Millennium Copyright Act.
It is WhyHotel's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. If you file a notice with our copyright agent, it must comply with the requirements set forth at17 U.S.C. § 512(c)(3). WhyHotel reserves the right to terminate without notice any User's right to make a reservation or access to Site and the other WhyHotel Services if that User is determined by WhyHotel to be a "repeat infringer." In addition, WhyHotel accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.14. License Grant for Content; Representations and Warranties.
The Site, the other WhyHotel Services or any of our social networking pages (e.g., Facebook, etc.) may now or in the future permit the submission and/or posting or linking of product testimonials, pictures, audio and video recordings, text, data, information and other input or any other content linked, posted, and/or submitted by you or other Users, in each case whether or not made available to other Users (" Content"). By uploading, providing, posting, distributing or disseminating any Content to or through the Site or any of the other WhyHotel Services or any of our social networking pages, you hereby grant to WhyHotel a worldwide, non-exclusive, perpetual, irrevocable, transferable, sublicensable (through multiple tiers), assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, modify and otherwise exploit your Content (and any copyrights, publicity, database and other proprietary rights therein), in connection with the Guest Units and the operation, maintenance and support of the Site and the other WhyHotel Services.
You hereby consent to the use of your Content by other Users that are authorized to access your Content in the manner contemplated by these Terms and any of the WhyHotel Services.
You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all of your Content and the consequences of posting or publishing any Content. By uploading and publishing your Content, you affirm, represent, and warrant that: (1) you are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize WhyHotel and the Users to use and distribute your Content as necessary to exercise the licenses granted by you in this Section and in the manner contemplated by WhyHotel and these Terms; (2) your Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or violate or invade the right of privacy, publicity or other rights of any person or entity; and (3) your Content does not contain any viruses, adware, spyware, worms, or other malicious code or any content or file that provides a method to access to potentially infringing content outside of any of the WhyHotel Services. Violators of these third-party rights may be subject to criminal and civil liability. WhyHotel reserves all rights and remedies against any Users who violate these Terms.
You understand that when reserving, licensing or occupying any Guest Unit or using the Sit or any of the other WhyHotel Services you may be exposed to Content or other materials from a variety of sources, and that WhyHotel is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Content and other content. You further understand and acknowledge that you may be exposed to Content and other materials that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against WhyHotel with respect thereto. WhyHotel does not endorse any Content and other material or any opinion, recommendation or advice expressed therein, and WhyHotel expressly disclaims any and all liability in connection with Content and other materials. If notified by a User or a content owner of any Content or other content or materials that allegedly do not conform to these Terms, WhyHotel may investigate the allegation and determine in its sole discretion whether to remove the Content or other content or materials, which it reserves the right to do at any time and without notice. For clarity, WhyHotel does not permit copyright infringing activities on or through any of the WhyHotel Services.15. Prohibited Conduct.
BY MAKING A RESERVATION, LICENSING OR OCCUPYING ANY OF THE GUEST UNITS OR USING THE SITE OR ANY OF THE OTHER WHYHOTEL SERVICES YOU AGREE NOT TO:
The WhyHotel Services may include third-party tools (" Third-Party Tools") and links or references to other web sites or services ("Third-Party Sites") solely as a convenience to Users, including our travel partner sites (e.g., AirBnB, Expedia and other online travel agencies). WhyHotel does not endorse any such Third-Party Tools, Third-Party Sites or the information, materials, products, or services contained on or accessible through Third Party Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through any of the WhyHotel Services are solely between you and such advertiser. Access and use of any Third-Party Tools or Third-Party Sites, including the information, materials, products, and services on or available through such Third-Party Tools or Third-Party Sites are solely at your own risk.17. Text Messages; Mobile and Data Charges.
WhyHotel may occasionally send text message offers and alerts. By agreeing to these Terms, you authorize WhyHotel to send text messages to your mobile device with notifications, check-in instructions, key codes, and special offers.
You are responsible for any mobile and data charges that you may incur for using any of the WhyHotel Services, including text-messaging charges. If you are unsure what those charges may be, you should ask your service provider before using the Guest Units or any of the other WhyHotel Services.18. Ownership; Proprietary Rights.
The Guest Units are operated by WhyHotel, and the Site and the other WhyHotel Services are owned and operated by WhyHotel. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Guest Units, the Site and the other WhyHotel Services provided by WhyHotel (the "Materials") are owned by WhyHotel and protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Content that is provided and owned by Users, all Materials contained on any of the WhyHotel Services are the property of WhyHotel or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to WhyHotel or its affiliates and/or third-party licensors. Except as expressly authorized by WhyHotel, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. WhyHotel reserves all rights not expressly granted in these Terms.
WhyHotel shall own and have the unrestricted right to use or act upon any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Guest Units, the Site or any of the other WhyHotel Services.19. Indemnification.
You agree to indemnify, save, and hold WhyHotel, its affiliated companies, members, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Guest Units, the Site any of the other WhyHotel Services or any of the Content, any violation by you of these Terms or any breach of the representations, warranties and covenants made by you herein. WhyHotel reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify WhyHotel, and you agree to cooperate with WhyHotel's defense of these claims. WhyHotel will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.20. No Warranties; Disclaimers; Assumption of Risk.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WHYHOTEL AND ITS AFFILIATES, CONTRACTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD-PARTY PARTNERS, LICENSORS AND SUPPLIERS (COLLECTIVELY, THE " WHYHOTEL PARTIES") DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED WITH RESPECT TO THE GUEST UNITS, THE SITE AND THE OTHER WHYHOTEL SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, WHYHOTEL PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE GUEST UNITS, THE SITE OR THE OTHER WHYHOTEL SERVICES, WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WHYHOTEL PARTIES OR THROUGH THE GUEST UNITS, THE SITE OR THE OTHER WHYHOTEL SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU UNDERSTAND AND AGREE THAT YOU USE ANY ASPECT OF THE WHYHOTEL SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, ANY LOSS OF DATA, OR ANY LOSS DAMAGE OR THEFT OF ANY PERSONAL PROPERTY OR ANY PERSONAL INJURY OR DEATH OR DISEASE OR PET INJURTY OR DEATH.
YOU EXPRESSLY AGREE THAT THE GUEST UNITS AND THE USE OF THE SITE AND ANY OF THE OTHER WHYHOTEL SERVICES, AND ANY DATA, RESULTS, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT, THIRD PARTY SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE OR ANY OF THE OTHER WHYHOTEL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
In no event will WhyHotel be liable or responsible to Guest, or be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any obligation under these Terms, when and to the extent such failure or delay is caused by any circumstances beyond such Party's reasonable control (a "Force Majeure Event"), including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, the failure of any other company's services, another company's error or service interruption, activity from neighbors, activities around the Property such as construction, noise, road repair, or maintenance, protests, large gatherings or other interruptions of traffic and access, national or regional emergency, pandemic, strikes, labor stoppages or slowdowns or other industrial disturbances, passage of laws or any action taken by a governmental or public authority.
Occasionally there may be information on the Site or other materials provided to you that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or other materials is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Site or these materials, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or the Application, should be taken to indicate that all information on the Site or has been modified or updated.
EXCEPT AS SPECIFICALLY PROVIDED IN WRITING BY WHYHOTEL, THE WHYHOTEL PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE GUEST UNITS, THE SITE OR ANY OF THE OTHER WHYHOTEL SERVICES OR ANY THIRD-PARTY SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU UNDERSTAND AND AGREE THAT YOU MAKE A RESERVATION, LICENSE OR OCCUPY A GUEST UNIT OR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE SITE OR ANY OF THE OTHER WHYHOTEL SERVICES OR ANY THIRD-PARTY SITES, AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH INFORMATION, MATERIAL OR DATA.21. Limitation of Liability and Damages.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL THE WHYHOTEL PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THE GUEST UNITS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE SITE, THE MATERIALS, OR CONTENT ON THE SITE OR THE OTHER WHYHOTELOR ANY OTHER INTERACTIONS WITH WHYHOTEL, EVEN IF WHYHOTEL OR A WHYHOTEL AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, WHYHOTEL'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT WILL THE WHYHOTEL PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, THE GUEST UNITS OR YOUR USE OF THE SITE AND THE OTHER WHYHOTEL SERVICES, OR YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO WHYHOTEL DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR FIFTY DOLLARS, WHICHEVER IS GREATER.
If you have a dispute with any other Users (including any other Guests) or other third parties, you release WhyHotel and the other WhyHotel Parties from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY USING ANY THIRD-PARTY TOOLS OR BY REASON OF ANY SERVICES PROVIDED ON ANY THIRD-PARTY SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN WHYHOTEL AND RECEIVED THROUGH OR ADVERTISED ON ANY OF THE WHYHOTEL SERVICES OR RECEIVED THROUGH ANY THIRD-PARTY SITES.
YOU ACKNOWLEDGE AND AGREE THAT WHYHOTEL HAS OFFERED THE GUEST UNITS, THE SITE AND THE OTHER WHYHOTEL SERVICES, SET ITS FEES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND WHYHOTEL, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND WHYHOTEL. WHYHOTEL WOULD NOT BE ABLE TO PROVIDE THE GUEST UNITS, THE SITE OR ANY OF THE OTHER WHYHOTEL SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.22. Miscellaneous.
WhyHotel may provide you with notices, including those regarding changes to these Terms and the Guest Units, by email, regular mail or postings on any of the WhyHotel Services. Notice will be deemed given twenty-four hours after the email is sent, unless WhyHotel is notified that the email address is invalid. Alternatively, WhyHotel may give you legal notice by mail to a postal address, if provided by you through any of the WhyHotel Services. In such case, notice will be deemed given three days after the date of mailing. Notice posted on any of the WhyHotel Services is deemed given 30 days following the initial posting.
The failure of WhyHotel to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by WhyHotel.
If a dispute arises between you and WhyHotel, the goal is to provide you with a neutral and cost-effective methods of resolving the dispute quickly. Accordingly, you and WhyHotel agree that any dispute, claim or controversy at law or equity that arises out of these Terms, the Guest Units, the Site or any of the other WhyHotel Services (a "Dispute") will be resolved in accordance with this Section or as WhyHotel and you otherwise agree in writing. Before resorting to these dispute methods, WhyHotel strongly encourages you to first contact WhyHotel directly to seek a resolution.
The parties hereby irrevocably and unconditionally agree that service of process in any such Dispute may be effected by mailing a copy of such process by certified mail, postage prepaid, to such party at the address provided by such party.
PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.
(i) Arbitration. EXCEPT AS SET FORTH BELOW, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND WHYHOTEL (WHETHER OR NOT SUCH CLAIM INVOLVES A THIRD PARTY) IN CONNECTION WITH THESE TERMS, THE GUEST UNITS, THE SITE OR ANY OF THE OTHER WHYHOTEL SERVICES INCLUDING WITHOUT LIMITATION, YOUR RIGHTS OF PRIVACY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S APPLICABLE RULES FOR ARBITRATION AND YOU AND WHYHOTEL HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WHYHOTELWOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Any such arbitration shall be in English and be held in Washington, DC and the number of arbitrators shall be one (1). Except as otherwise required by law, the parties and the arbitrator agree to keep confidential and not disclose to third parties any information or documents obtained in connection with the arbitration process, including the resolution of the Dispute. You may bring claims only on your own behalf.
NEITHER YOU NOR WHYHOTEL WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THIS AGREEMENT TO ARBITRATE. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST WHYHOTEL INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's claims, if WhyHotel is a party to the proceeding.
This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.
(ii) Judicial Forum for Disputes. In the event that the agreement to arbitrate is found not to apply to you or your claim, you and WhyHotel agree that any judicial proceeding (other than small claims actions) must be brought solely and exclusively in, and will be subject to the applicable procedural rules of, the federal or the District of Columbia courts in Washington DC. Both you and WhyHotel irrevocably consent to venue and personal jurisdiction there. Notwithstanding the foregoing, WhyHotel may bring a claim for equitable relief in any court with proper jurisdiction.
(iii) Survival. This arbitration agreement will survive the termination of your use of any of the WhyHotel Services or your relationship with WhyHotel.
These Terms and related Policies, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by WhyHotel without restriction, including to any Property owner, another manager for a Property or Guest Unit, one or more affiliates of WhyHotel, or any person or entity which acquires all or substantially all of the assets or interests of WhyHotel. Any assignment attempted to be made in violation of these Terms shall be void.
Upon termination of these Terms, your use of the Site or any of the other WhyHotel Services, or your relationship with WhyHotel, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
WhyHotel is based in Washington, DC in the United States. WhyHotel makes no claims that the Guest Units, the Site or any of the other WhyHotel Services or any of the content is accessible or appropriate outside of the United States. Reservations and the licensing and occupancy of the Guest Units or access to the Site and the other WhyHotel Services may not be legal by certain persons or in certain countries. If you make a reservation or license a Guest Unit or access the Site or any of these other WhyHotel Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against WhyHotel with respect thereto.
If you use the Services outside of the United States, you will not access or use the Services if you are on the United States Treasury Department's "Specially Designated Nationals and Blocked Persons List," or are located in a country embargoed by the United States; and agree to comply with all local laws, rules, and regulations including all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Services. The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or that would subject WhyHotel or its affiliates to any registration requirement within such jurisdiction or country.
The Guest Units, the Site and the other WhyHotel Services are offered by WhyHotel located at: 1140 3rd Street NE, 4th Floor, Suite B, Washington, DC 20002 and email: email@example.com. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
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