Website Terms of Use

Effective Date: June 27, 2023

Please read the terms and conditions included in these Hospitality Inn Terms of Use (the “Terms of Use”) carefully before using www.hospitalityinnpensacola.com and each website provided by Hospitality Inn and its affiliates (“Hospitality”) that links to these Terms of Use (collectively, the “Site”).

Notice Regarding Dispute Resolution: These Terms of Use contain provisions that govern how claims you and we may have against each other are resolved (see Section 23 below), including an agreement and obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration, unless you opt-out in accordance with Section 23. Unless you opt-out of arbitration: (a) you will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative action or proceeding and (b) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis. 

• Welcome. We are delighted to welcome you to the Site. This document, as well as the Hospitality Privacy Policy, constitute the terms that apply when you use, view or access the Site and the services provided through the Site. The Site and services provided through the Site are offered to you, the user, on the condition that you accept without modification the terms, conditions and notices contained in these Terms of Use. By accessing, using, viewing, transmitting, caching or storing the Site or any of the services, functions or contents provided through the Site, you are agreeing to each and all of the terms, conditions and notices in these Terms of Use. If you do not agree to these Terms of Use, you should not use, view or access the Site. 
• Use Limitations. The purpose of the Site is to provide you with information about Hospitality and its services, products, communities and properties. The Site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, or create derivative works from information or material on the Site, except as expressly permitted in these Terms of Use. You may not use the Site to engage in any unlawful activity, to infringe on the rights of Hospitality or others or in any way that is prohibited by these Terms of Use. Hospitality retains the right in its discretion to suspend or terminate your use of the Site. 
• Children. The services of the Site are intended only for individuals who can form legally binding contracts under applicable law, and are not intended for minors. The Site is not directed at nor intended to be used by children under the age of 13 years old. In addition, children 13 years old and older should consult with their parents and secure their permission before accessing and using the Site, and especially before providing any personal information to Hospitality or on any interactive portions of the Site. By using the Site, you represent that you are of sufficient legal age or otherwise have legal capacity to legally agree to the terms and conditions included in this Terms of Use. 
• Changes in Terms of Use and in Site. Hospitality reserves the right to make changes in these Terms of Use and to change, suspend or discontinue any aspect of the Site at any time. If we make materials change to these Terms of Use, we will notify you through a prominent posting on the Site or by email. The modified Terms of Use shall only apply to your use of the Site following the date the modified Terms of Use are made available on the Site. 
• Privacy Policy. Use of any information gathered from or about you through the Site shall be governed by these Terms of Use and The Hospitality Privacy Policy, which is incorporated into these Terms of Use by reference. For information on how information is collected, used or disclosed by Hospitality in connection with your use of the Site, please review our Privacy Policy.
• Monitoring use of the site. You agree that Hospitality has no obligation to, but may monitor and review information you transmit over the Site, without notice to you. Hospitality reserves the right to modify, remove, and prevent conduct, communication, or content which it deems in its discretion may be harmful to Hospitality, or to users, or that may violate the law. You hereby acknowledge and consent to this monitoring, reviewing and removal. 
• Use of suggestions and material provided by you. In the event that you provide material, suggestions, information or comments (“Submissions”) to Hospitality, or post any Submissions in the interactive portions of the Site, you grant Hospitality a perpetual, non-exclusive, fully-paid, royalty-free (meaning that we are not required to pay you to use your Submissions), sublicensable and worldwide license to use, modify, create derivative works of, pubicly perform, publicly display, reproduce and distribute each Submission in connection with the Site, our business, or the promotion thereof in any media formats and through any media channels now known or hereafter devised. Hospitality reserves the right to use your Submissions in its discretion, with no compensation to you. 
• Other Interactive Services. Hospitality may offer from time to time certain chat room, bulletin board or similar interactive services on the Site (“Interactive Services”) through which you may be able to post material and information. In order to participate in these Interactive Services, you may be required to agree to additional terms and conditions. These additional terms and conditions will be provided to you in advance of your use of the particular Interactive Service, but will be subject to and incorporated by reference into these Terms of Use. If we provide additional terms and conditions in connection with the Interactive Services, please review these additional terms and conditions carefully before using the applicable Interactive Services. Hospitality does not endorse or control content submitted by other users of the Site through Interactive Services (“User Content”). User Content submitted through the Interactive Services may not be reviewed by Hospitality prior to posting and does not reflect the opinions or policies of Hospitality. Hospitality makes no warranties, express or implied, as to any User Content, or its accuracy or liability. Nonetheless, Hospitality reserves the right, without any obligation and in its discretion, to refuse to permit User Content to be posted to the Site and to edit or remove any User Content submitted through the Site. With respect to the Interactive Services, information you post may be viewed by other users. Hospitality therefore strongly recommends that you use prudence and caution in selecting the information and material you post through the Site. You are discouraged from publicly posting information by which you, your family members or other individuals may be identified. User Content posted to the Site by other users of the Site may be offensive, harmful or inaccurate, and in some cases may be mislabeled or deceptively labeled. You assume all risks associated with dealing with other users with whom you come in contact through the Site. You agree not to use the personal information of other users of the Site, whether or not it has been publicly posted the Site, other than for the purpose for which the applicable information was provided to you by the applicable user. 
• Your representations and warranties. You represent, warrant and covenant that: (A) you will not upload, post or transmit to or distribute or otherwise publish through the Site any materials which:(restrict or inhibit any other user from using and enjoying the Site or services offered through the Site, are unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, pornographic, or sexually explicit, constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate the law, violate or infringe the rights of third parties, including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other right, contain a virus or other harmful component or constitute or contain false or misleading indications of origin or statements of fact;(B) you will use the Site and services provided through the Site in accordance with these Terms of Use; and (C) if you register with the Site, you shall be responsible for maintaining the confidentiality of any passwords you use to access the Site and any use of your passwords by others and for any charges incurred by others to whom you have given the applicable password or the use of your credit card or similar payment mechanisms. You accept responsibility for all activities that occur under your account or password.
• No contract or offer. Except for your agreement to abide by these Terms of Use, use of the Site and the services does not create any contract or agreement between you and Hospitality, nor any obligation of Hospitality to you. You agree not to act in reliance upon the information contained in these Terms of Use and you waive any claim, demand, cause of action or damages incurred as a result of reliance on this information.
• Indemnity. You hereby agree to indemnify and hold harmless Hospitality and its affiliates, and any of the partners, members, shareholders, officers, directors, employees, consultants, attorneys and agents of Hospitality and/or its affiliates, from any and all claims, liability, damages and/or costs (including, but not limited to, attorney’s fees) they incur arising as a result of your use of the Site and the services, your violation of the Terms of Use, or your infringement of any intellectual property or other right of Hospitality, its affiliates or any person or entity. In the event of any claim, Hospitality shall have the right to defend and settle any applicable claim with counsel of its own selection. You shall cooperate as fully as reasonably required in the defense thereof and shall not settle any applicable claim without the prior written consent of Hospitality.
• Invalidity of Terms. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. 
• Questions, Comments, Complaints, or Service Issues. If you have any questions, comments, complaints or service issues pertaining to the Site, or if you have technical problems accessing information on the Site, please contact us. 
• Concerns about possible infringement. If you believe that any component of the Site infringes your rights or the rights of others, or if you believe that another user is violating these Terms of Use, please feel free to contact us. We do not commit to following up or resolving your concerns, but may do so in our discretion and as required by law. 
• Digital Millennium Copyright Act Notification. We consider the protection of copyright of utmost importance.  We follow the provisions of the Digital Millennium Copyright Act (“DMCA”), and, in addition to following the notice and take down provisions of the DMCA, in appropriate circumstances, we may terminate the account and access rights of any user of the Site that is a repeat infringer. If you believe that material on the Site infringes your or another’s copyright, please contact our Copyright Agent (address below) with the following information as required by the DMCA: (A) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (B) a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (C) identification of the URL or other specific location on the Site where the material that you claim is infringing is located; (D) your address, telephone number and email address; (E) a statement by you, made under penalty of perjury, that you have a good faith believe that the disputed use is not authorized by the copyright owner, its agent or the law; (F) a statement by you, made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent may be contacted as follows:

PO Box 36331, Pensacola, FL 32516

• Termination of Access. You acknowledge that Hospitality may terminate your access to the Site at any time, with or without cause. 
• Waiver. Any waiver by Hospitality of any provision of the Terms of Use will be effective only if in writing and signed by Hospitality. 
• Assignment. Your rights and obligations under these Terms of Use and in using the Site may not be assigned or transferred. 
• Entire Agreement: These Terms of Use (including, without limitation, the Privacy Policy and other provisions that are incorporated by reference or otherwise part hereof) constitute the entire agreement between the parties with respect to the Site. These Terms of Use supersede and replace all prior or contemporaneous understandings or agreements, written or oral, with respect to the Site. The following provisions are part of these Terms of Use. Please review each of them carefully before using the Site: 
• GENERAL DISCLAIMERS. THE INFORMATION AND OTHER MATERIAL PUBLISHED ON THE SITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. 
  
  HOSPITALITY DOES NOT WARRANT THAT THE SITE’S CONTENT, FUNCTIONS, OPERATION OR AVAILABILITY WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SYSTEMS THAT MAKE IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HOSPITALITY AND ITS AFFILIATES SHALL NOT HAVE ANY LIABILITY FOR YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, FOR ANY DEFECTS OR ERRORS CONTAINED IN THE SITE OR CAUSED BY THE SITE, WHETHER ARISING UNDER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. 
  
  NO REPRESENTATION OR WARRANTY IS MADE BY HOSPITALITY ABOUT THE ACCURACY, RELIABILITY, AVAILABILITY OR SUITABILITY OF THE SITE OR THE INFORMATION, MATERIAL, SYSTEMS, SERVICES OR PRODUCTS CONTAINED OR DISCUSSED ON THE SITE FOR ANY PURPOSE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON THE SITE OR THE INFORMATION, MATERIAL, SYSTEMS, SERVICES OR PRODUCTS CONTAINED OR DISCUSSED ON THE SITE SHALL BE AT YOUR SOLE RISK. THE SITE AND ALL SUCH INFORMATION, MATERIAL, SYSTEMS, SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES, INCLUDING ALL IMPLIED WARRANTIES, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARE HEREBY EXPRESSLY DISCLAIMED. SOME STATES/JURISDICTIONS DO NOT PERMIT EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 
  
  HOSPITALITY DOES NOT AND CANNOT REVIEW ALL MATERIALS AND INFORMATION POSTED ON INTERACTIVE PORTIONS OF THE SITE AND IS NOT RESPONSIBLE FOR INFORMATION POSTED BY USERS, INCLUDING, WITHOUT LIMITATION, USERS OF THE TOWNTALK SERVICE. HOWEVER, HOSPITALITY RESERVES THE RIGHT TO DISCLOSE ANY INFORMATION AS NECESSARY TO SATISFY ANY LAW, REGULATION OR GOVERNMENT REQUEST, OR TO EDIT, REFUSE TO POST OR REMOVE ANY INFORMATION OR MATERIALS, IN WHOLE OR IN PART, THAT HOSPITALITY’S SOLE DISCRETION ARE OBJECTIONABLE OR IN VIOLATION OF THESE TERMS OF USE. 
  
  IN NO EVENT WILL HOSPITALITY OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF USE OF THE SITE OR A DELAY OR INABILITY TO USE THE SITE OR SITES TO WHICH THE SITE LINKS, INCLUDING WITHOUT LIMITATION DAMAGES DUE TO LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR DAMAGE TO SYSTEMS, EVEN IF HOSPITALITY OR ITS AFFILIATES HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 
• LINKS TO THIRD PARTY WEBSITES: LINKING POLICY.
  • The Site may from time to time contain links to other Internet sites operated by third parties. These links are provided for your convenience only. Hospitality is not responsible for the content, services, or products of or offered on sites that you may access through third party links on the Site. These links do not constitute endorsements by Hospitality of the applicable third party sites, their content or any products or services made available through the applicable third party site, or any association with their operators. These Terms of Use DO NOT APPLY TO THIRD PARTY SITES. BEFORE VISITING A THIRD PARTY SITE THROUGH LINKS OR OTHER MEANS PROVIDED ON OR THROUGH THE SITE, USERS SHOULD REVIEW THE THIRD PARTY SITE’S TERMS AND CONDITIONS and PRIVACY POLICY, AND INFORM THEMSELVES OF THE REGULATIONS, POLICIES AND PRACTICES OF THESE THIRD PARTY SITES. 
  • Linking to the Site, and/or framing any portions of the Site without Hospitality’s express written permission, is prohibited. 
• EMPLOYMENT DISCLAIMER. Hospitality is an equal opportunity employer. Nothing contained in these Terms of Use, stated or implied, shall be construed as an offer, contract or condition of employment. No material contained in these Terms of Use shall constitute a representation, contract, policy or manual for existing employees. 
• DISPUTE RESOLUTION and ARBITRATION AGREEMENT. Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court.
  • Initial Dispute Resolution. We are available by phone at 850-453-0206 or email at info@rent850.com to address any concerns you may have regarding your use of the Site or the services we offer through the Site. Most concerns may be quickly resolved in this manner. Each of you and Hospitality agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. 
  • Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to section 23(A) above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms of Use (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the Site or the services provided through the Site shall be finally settled by binding arbitration administered on a confidential basis by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Use, including, but not limited to any claim that all or any part of these Terms of Use is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms of Use shall be subject to the Federal Arbitration Act.
    
    The AAA’s rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at 1.800.778.7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to AAA along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to AAA. 

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

• • Class Action and Class Arbitration Waiver. You and Hospitality each further agree that any arbitration shall be conducted in your respective individual capacities only and not as a class action or other representative action, and you and Hospitality each expressly waive your respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 23(B) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
  • Exception – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
  • 30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 23(B), 23(C), and 23(D) by sending written notice of your decision to opt-out to the following address: PO Box 36331, Pensacola, FL 32516, Attn: Legal Department, or by fax to 850-665-3347. The notice must be sent within thirty (30) days of commencing use the Site, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them. 
  • Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 23(B) do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Escambia County, Florida (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Escambia County, Florida, for any litigation other than small claims court actions. 
  • Applicable Law. You agree that federal laws and the laws of the State of Florida, without regard to principles of conflict of laws, will govern these Terms of Use and any claim or dispute that has arisen or may arise between Hospitality and you. 
• HOSPITALITY’S INTELLECTUAL PROPERTY; COPYRIGHT AND TRADEMARK NOTICES. The compilation copyright to the Site, the design and appearance of the Site, and all of the materials and content on the Site, including without limitation, all text, graphics, drawings, images, charts, pictures, maps, photographs, images, line art, icons, renditions and floor plans, other than your Submissions and other User Content, are owned or licensed by Hospitality. These materials are protected by federal law against unauthorized copying and reproduction. Any use, reproduction or distribution of material from the Site (except as permitted in these Terms of Use) without written permission of Hospitality is expressly prohibited. You may download one copy of the downloadable items displayed on the Site for your personal, noncommercial review only, provided that you maintain all copyright and other notices contained in the applicable content and make no other use thereof. All other use, and all copying and reproduction thereof, is strictly prohibited. Anyone who prints, downloads, copies or otherwise communicates information from the Site is responsible for communicating these Terms of Use to the person(s) to whom the applicable information is communicated and to ensure their compliance thereto, and further agrees to hold Hospitality harmless against any and all claims arising out of or in connection with their failure to abide by these Terms of Use.