Site Usage Terms & Conditions
1. USE OF WEBSITE
You may only use this site if you are at least 18 years of age and can enter into binding contracts (our site is not available for use by minors). By using this site, you represent that you are at least 18 years of age. Please note that the minimum check-in age may vary from property to property. For questions on the minimum check-in age for a specific property, please contact the property directly prior to making the reservation. All materials contained on this site are for informational purposes only. Some of the information and materials contained on this site may be provided by franchisees who retain control over the policies and procedures implemented at their hotel. This site may only be used by you for your personal use. Commercial use of this site is strictly prohibited unless you obtain prior written consent from Carlson Hotels. You may only use this site to make legitimate reservations or purchases. You are responsible for maintaining the secrecy of your passwords, login and account information. You will be financially accountable for all uses of the site by you and anyone using your password and login information. We may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of the site.
You may not use the site to: make any false, fraudulent or speculative reservation or any reservation in anticipation of demand; post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; send any type of bulk communications, including but not limited to, spam, junk mail, or chain letters, or for any other purpose that is unlawful or prohibited by these terms and conditions.
You agree that you will not pretend to be or attempt to impersonate another person, whether as an individual or as a representative for any type of entity, whether real or not, including acting as a representative of Carlson Hotels or any other party that provides services related to this site.
2. RESTRICTIONS ON USE OF MATERIALS
All materials contained in the site are the copyrighted property of Carlson Hotels, or its subsidiaries or affiliated companies and/or third party licensors. No material from Parkinn.com or any other site owned, operated, licensed, or controlled by Carlson Hotels may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided you keep intact all copyright and other proprietary notices.
All trademarks, service marks, trade names and trade dress are proprietary to Carlson Hotels or its subsidiaries or affiliated companies and/or third party licensors. You may not frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form) without our prior express written consent. You may not use any meta tags or any other “hidden text” utilizing our name, trademarks or other proprietary information without our prior express written consent.
To obtain permission to reuse or republish electronically any material copyrighted by Carlson Hotels, please contact firstname.lastname@example.org
3. FORUMS, CHAT AREAS AND PUBLIC COMMUNICATIONS
“Public Communication” means any chat area, message board, email function, social networking, blog, or similar type of service offered in connection with this site. By accessing or participating in a Public Communication, you agree that: you will comply with all of the terms and conditions stated here; you will not harass, abuse, defame or threaten others; you will not make hateful or racially offensive statements; you will not use obscene or indecent language, images or other materials; you will not discuss or promote any illegal activities; you will not submit any material that violates the law or the rights of any third party; you will not use Public Communication for commercial purposes of any kind, including as a solicitation or advertisement; you will not misrepresent your identity; and you will not make statements or provide materials that are not related to the topic or theme of the Public Communication. Carlson Hotels reserves the right to edit or remove any content from any Public Communication for any reason at any time; however Carlson Hotels has no obligation to do so and is not responsible for any of the content, or the accuracy of such content in any Public Communication.
By providing any information, images (such as videos or photographs), or other materials in or to any Public Communication, you automatically grant us a perpetual, royalty-free, irrevocable, non-exclusive right and license to reproduce, use, publish, modify, create derivative works, publicly display or distribute any such materials in any form, medium, or technology known now or later developed.
You should exercise caution when participating in any Public Communication. Individuals may not be who they say they are and the information they provide may not be accurate or reliable. You should not disclose your email address, phone number, or other personal or sensitive information in the body of your comments.
We are pleased to hear from our users and welcome your comments regarding the site and the products and services offered in connection therewith. Unfortunately, however, our long-standing company policy does not allow us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested. We employ a talented staff and consultants who may be working on the same or similar ideas. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff and/or consultants might seem to others to be similar to their own creative work. Please do not send us any unsolicited original creative materials of any kind. While we do value your feedback on the site and the services and products offered in connection therewith, we request that you be specific in your comments with respect to the same, and not submit any creative ideas, suggestions, or materials (unless specifically requested by us).
If, at our request, you send certain specific submissions, or, despite our request, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
5. ACCESS AND INTERFERENCE
In connection with your use of the site, you will not use any robot, spider, other automatic device, or manual process to monitor or copy the site or the contents or information contained therein without our prior express written consent. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the site or any transaction being conducted through the site. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the site without our prior express written consent or the consent of the appropriate third party.
Any information you provide to us (i) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; and (ii) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
We do not review or monitor web sites linked to this site and are not responsible for the content of any such linked web sites. The inclusion of any link to such sites does not imply endorsement by Carlson Hotels of the sites. Your linking to such web sites is at your own risk. In addition, you agree not to link your web site or any other third party web site to any page of this site other than the brand home page or the specific hotel home page (commonly known as “deep linking”) without our prior express written consent. We reserve the right to disable any and all links from third party sites to this site at any time.
The materials in this site could include technical inaccuracies or typographical errors. Carlson Hotels may make changes or improvements at any time without notice, including after confirmation of a transaction. THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CARLSON HOTELS DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CARLSON HOTELS DOES NOT WARRANT THAT THE FUNCTIONS OF THE SITE OR THAT ACCESS TO THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CARLSON HOTELS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT CARLSON HOTELS ) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK.
ELECTRONIC TRANSMISSIONS, INCLUDING THE INTERNET, ARE PUBLIC MEDIA, AND ANY SUCH USE IS PUBLIC AND NOT PRIVATE. INFORMATION RELATED TO OR ARISING FROM SUCH USE IS PUBLIC, OR THE PROPERTY OF THOSE COLLECTING INFORMATION. AND NOT PERSONAL OR PRIVATE INFORMATION.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711): WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB SITE LINKED TO THE SITE. WE WILL NOT BE LIABLE FOR THE PRIVACY OF THE INFORMATION, E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT TRANSMITTED OVER NETWORKS ACCESSED BY THE SITE, OR OTHERWISE CONNECTED WITH YOUR USE OF THE SITE.
We do not control the information provided by other users that is made available through the site. You may find other user’s information to be offensive, hurtful, derogatory, dishonest or inaccurate. You should make whatever investigation you believe is necessary and appropriate before proceeding with any online or offline transaction with any third party. To the extent we list or link to any third party products or services on our site, our site is only the venue, and we are not involved in the actual transaction, and have no control over, and make no representations regarding, the quality, safety, legality, or accuracy of any of the services or products.
We reserve the right, but not the obligation, to modify or cancel reservations where it appears that a customer has engaged in fraudulent, illegal, or other inappropriate activity, and to prohibit or restrict your participation or utilization of the site if you fail to comply with all Terms and Conditions contained herein as determined in our sole discretion.
8. RESTRICTION OF LIABILITY
Carlson Hotels will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. Carlson Hotels will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if there is negligence or Carlson Hotels or an authorized Carlson Hotels representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. In any event, Carlson Hotels total liability to you for all losses, damages, and causes of action (in contract or tort including without limitation, negligence), or otherwise will not be greater than the amount you paid to access this site. You hereby waive any and all claims, causes of action, or the rights to bring such claims or actions, arising out of or related to the site, Public Communication, or these Terms and Conditions after one (1) year from the first occurrence of the kind of act, event, condition, or omission upon which it is based.
We are not responsible for, and shall have no liability for: (i) telephone, mobile, electronic, network, internet, computer, hardware or software program malfunctions, delays, or failures; (ii) for any injury, loss or damage to your computer or interception or use of credit card information, related to or resulting from use of the site or any sites, services, or materials linked or relating thereto; (iii) any incorrect information, whether caused by other users or by any of the equipment, software, or programming associated with or utilized in the site or as the result of technical or human error which may occur in the processing of information regarding the site.
BY USING THIS SITE, ALL USERS ACKNOWLEDGE AND AGREE THAT CARLSON HOTELS, ITS AFFILIATES, SUBSIDIARIES, FRANCHISEES, AND EACH OF THEIR OFFICERS, DIRECTORS EMPLOYEES, AGENTS, AND INVITEES, ARE RELEASED, DISCHARGED AND HELD HARMLESS FROM ANY AND ALL LIABILITY WHATSOEVER, INCLUDING CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, INVASION OF PRIVACY, PERSONAL INJURY, ILLNESS, DEATH, OR PROPERTY DAMAGE THAT MAY OCCUR FROM THE USE OF THE SITE OR THE ACCEPTANCE, USE OR MISUSE OF INFORMATION, MATERIALS, GOODS, OR SERVICES RELATED THERETO.
Carlson Hotels or you may terminate this agreement to these Terms and Conditions at any time. You may terminate your agreement by ceasing use of the site and destroying: (a) all materials obtained from all Carlson Hotels sites, and (b) all related documentation and all copies and installations (together, the “materials”). Carlson Hotels may terminate its agreement with you under these Terms and Conditions immediately without notice if, in its sole judgment, you breach any term or condition, or by discontinuing the site. Upon termination, you must destroy all materials. Any provisions of these Terms and Conditions which by their nature survive termination, shall so survive.
These Terms and Conditions will be governed and be interpreted pursuant to the laws of the State of Minnesota, United States of America, notwithstanding any principles of conflicts of law. Carlson Hotels makes no representation that these materials are appropriate or available for use in other locations. If you use this site from other locations you are responsible for compliance with applicable local laws. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this site for illegal purposes will be provided to law enforcement authorities.
You agree that any legal action arising out of or relating to these Terms and Conditions must be filed in the state or federal courts in Hennepin County, Minnesota, USA and you hereby consent and submit to the personal jurisdiction of such courts for the purposes any such legal action or proceeding.
12. No Agency
No agency, partnership, joint-venture, franchisee-franchisor, or employee-employer relationship is created by these Terms and Conditions or the usage of the site.
13. DIGITAL SIGNATURE PROVISIONS
You represent and warrant that you have the legal right, power and authority to agree to these Terms and Conditions on behalf of yourself and the member, buyer, supplier or other entity on whose behalf you are acting while participating in the site. You further agree that your use constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act (“E-Sign”) and the Uniform Electronic Transactions Act (“UETA”) and that you have formed, executed, entered into, accepted the terms of, and otherwise authenticated these Terms and Conditions and acknowledged and agreed that these Terms and Conditions are an electronic record for purposes of E-Sign, UETA and the Uniform Computer Information Transactions Act (“UCITA”) and as such are completely valid, have legal effect, are enforceable, and are binding on, and non-refutable by you and the member, buyer, supplier or other entity on whose behalf you are acting.
14. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Carlson Hotels respects the intellectual property rights of others. If you believe that your work has been copied on our site in a manner that constitutes copyright infringement, please provide the following information in writing to our copyright agent identified below:
(i) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
(ii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
(iii) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
(iv) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(v) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
(vi) Your physical or electronic signature confirming the above.
Legal Department, MS 8249
701 Carlson Parkway
Minnetonka, MN 55305
+1 (763) 212-5211
Version 3.0/October 2010
©2010 Carlson Hotels. All rights reserved