Off Path Venues Terms & Conditions

 

Welcome to the Off Path Venues Terms & Conditions of Use for the Site (as defined below). Your use of the Site is subject to these terms and conditions along with any specific terms and conditions set forth on the individual pages within or parts of the Site (collectively, the “Terms & Conditions”) and all applicable laws and regulations, including those regarding copyright, trademark, and other intellectual property rights. Your submission of information on the Site is subject to Off Path Venues’s privacy policies, which are hereby incorporated into these Terms & Conditions.

 

The term “Site” refers to OffPathVenues.com and any other website, app or platform owned, operated, or licensed by Off Path Venues that displays these Terms & Conditions (or a link to them). The Site may include websites, mobile websites, and other Internet-enabled or wireless means by which we make content available to you or receive content from you, including, without limitation, downloadable or preloaded software applications (including, without limitation, desktop, mobile and tablet applications, content and blog submission services, chat rooms, and message boards).
 

The Site offers information on properties managed, franchised, owned, licensed, or developed by Off Path Venues as well as information about third-party relationships that Off Path Venues has or that are part of the World of Off Path Venues loyalty program. 

 

As used throughout the Site, including these Terms & Conditions, the terms “Off Path Venues,” “the Company,” “our,” “we,” “us,” and other similar terms may refer to one or more of Off Path Venues Corporation or one or more of their direct or indirect subsidiaries or affiliates. These terms are used for convenience only and are not intended as a precise designation of any one particular entity.

 

PLEASE READ THE TERMS & CONDITIONS CAREFULLY BEFORE DOWNLOADING, USING OR OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES THROUGH THE SITE. BY ACCESSING THE SITE (AND/OR DOWNLOADING OR USING A MOBILE APPLICATION OFFERED BY OFF PATH VENUES), YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS & CONDITIONS. We reserve the right to change, update, or correct any of the Terms & Conditions or any information contained in the Site at any time without notice other than by posting amended terms to the Site. Your continued use of the Site means that you accept and agree to the revised Terms & Conditions. If you do not accept these Terms & Conditions (as amended from time to time), please exit the Site immediately.

 

Use of Cookies

 

PLEASE NOTE: The Site may use various types of cookies and related technologies to provide certain functionality on the Site. General information about cookies and related technologies and how they work is available at allaboutcookies.org. For further information on Off Path Venues’s use of cookies, please see Off Path Venues’s privacy policies.

 

Location Based Services

 

Certain Sites may include providing you with content based on your location, including providing you with directions within, near, or to a Off Path Venues hotel or resort, sending you special offers or offering you suggestions of hotel activities, services or promotions.

 

Use of the Site

 

General

 

You may only use the Site if you are at least eighteen (18) years of age and can form legally binding contracts under applicable law. The Site is not intended for and should not be used by minors. If you are under the age of eighteen (18) or unable to form legally binding contracts under applicable law, you may contact a venue directly for assistance. Please note that additional terms and conditions may apply to reservations, purchases, transactions, uses, or activities that may occur on or through the Site. You agree to comply with these Terms & Conditions and any other applicable additional terms and conditions disclosed on the Site or in connection with your use of the Site. You agree by using this Site that you are responsible for using the most current version made available by Off Path Venues and that Off Path Venues is not responsible for any issues arising due to your use of anything other than the most current version of this Site.

 

Accounts / Passwords / Responsibility

 

You are responsible for maintaining the secrecy of your passwords, log-in, and account information. You will be financially accountable for all uses of the Site by you and/or by anyone using your account information.

 

Credit Card Information

 

The storage of credit card information on the Site (if available) is entirely optional. Saving credit card information may help expedite your reservation process in the future and/or allow you to use certain parts of or features in the Site. You will be solely responsible for updating any credit card information that you provide. You acknowledge that Off Path Venues may communicate this information for the purpose of facilitating reservations or as requested by you, including through applications on any mobile devices that you utilize that provide Off Path Venues with your account information or your World of Off Path Venues credentials or if you have established a link with such devices.

 

Off Path Venues’s Right to Cancel / Errors / Mistakes

 

The Site may contain technical inaccuracies and typographical or other errors in connection with information displayed on the Site, including, without limitation, rates, fees, stay details, or availability applicable to your transaction. Off Path Venues assume no responsibility or liability for such errors, inaccuracies, or omissions. Off Path Venues shall have the right not to honor reservations or information affected by such errors, inaccuracies, or omissions. Off Path Venues 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 a reservation.

 

Promotional Information

 

The Site may display or provide information regarding specific programs, offers, or promotions (“Promotional Offers”). Any such Promotional Offer is subject to its specific terms, conditions and restrictions and if booked via the Site, these Terms & Conditions. Please refer to and read carefully the terms, conditions and restrictions of each Promotional Offer. Off Path Venues and Off Path Venues hotels reserve the right to alter or withdraw any Promotional Offer at any time without notice. Each Promotional Offer is void where prohibited by law.

 

Prohibited Uses

 

Any commercial use of the Site is expressly prohibited unless you have obtained prior written consent from Off Path Venues. You may not use the Site to post or transmit any unlawful, infringing, 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, or for any other purpose that is unlawful or prohibited by these Terms & Conditions. You agree that you will not (a) interfere with or disrupt the Site, (b) use, place, or distribute any viruses, worms, time bombs, and/or other computer programming routines that damage, intercept, disrupt, or harm (or are intended to do any of the preceding) the Site, including the underlying software, hardware, systems, and any users of the Site or their devices, (c) use or attempt to use any robot, spider, automatic device, or automatic or manual process to monitor, scrape, or copy the Site, or any information contained therein, without Off Path Venues’s prior express written consent, (d) use any device, software, or other instrument to monitor, copy, disrupt, alter, destroy, impair, restrict, tamper, interfere with, or attempt to interfere with the Site, its content, or its operation without Off Path Venues’s prior express written consent, or (e) take any action that imposes an unreasonable or disproportionately large load on our infrastructure, systems or the Site.

 

Reservations

 

You may only make reservations for yourself and your invited guests or for an individual for whom you are authorized in advance to act. You may not make reservations for any other purpose, including without limitation for purposes of reselling rooms, reservations or other benefits, posting, marketing, advertising, or otherwise distributing rooms, reservations, benefits, or availability (including without limitation on third-party web sites), making false, fraudulent, or speculative reservations, reserving rooms in anticipation of demand, making reservations for purposes of reselling rooms, or in an attempt to circumvent Off Path Venues or hotel practices, policies, terms or conditions. You may not use this Site to make reservations related to any commercial activity (unless specifically permitted by the hotel) or any unlawful activity. Reservations made, sold or transferred in violation of these Terms & Conditions may be cancelled without advance notice in Off Path Venues’s sole discretion. 


Certain rates are offered only to members of a designated groups. Additionally, at certain times or on certain dates, reservations at a venue may require a minimum length of stay, and that may affect whether a venue appears to have availability. Venues are only obligated to honor such rates for qualifying individuals or stays. It is up to you to verify that you qualify for the rate that you have booked. You may be required to establish that you qualify either at the time of reservation or check-in. If you cannot establish that you qualify, Off Path Venues reserves the right for Off Path Venues and/or the applicable venue reserve the right in its sole discretion to cancel your reservation and/or charge the publicly available rate for your stay.

 

Cancellation Policy

 

All reservations are subject to the cancellation policy of the venue where the stay will occur. Please review the applicable cancellation policy during the reservation process.

 

Payment / Deposit

 

All reservations must be guaranteed with a valid major credit card, or an alternative venue-approved form of payment, such as an advance deposit. Except for when making a reservation for a prepaid rate, you will be charged during your stay rather than at the time of making a reservation. In some situations a venue may require a deposit, in which case the deposit requirement and amount will be disclosed at the time of making the reservation. You may also be charged as disclosed in the venue’s cancellation policy.

 

No Arrangements for Prohibited Persons

 

The United States Department of Treasury maintains and publishes lists of “prohibited persons” who are government officials, residents of certain embargoed countries, terrorists or drug traffickers (“Sanctions”). There are limits on Off Path Venues’s ability to provide services to those prohibited persons pursuant to the Sanctions. You agree you are not a prohibited person and you agree not to make arrangements for any such prohibited persons to stay at, use or tour any Off Path Venues location, unless such prohibitions do not apply to the location, pursuant to a license, permit, or exclusion under the Sanctions.

 

Currency

 

If you choose to display a rate on the Site in a currency other than the Hotel Currency or ask for the rate in a different currency through a Global Contact Center, the venue Currency rate is converted for comparison purposes only using a regularly updated exchange rate. Except as noted below, guests are charged in the Venue Currency. For clarity, the Venue Currency is identified on the Site.


Certain hotels operate in a currency other than the Venue Currency. Those venues convert the Venue Currency rate to such other currency, using the hotel’s exchange rate, at the time you are charged. For example, a hotel may show a Venue Currency on the Site of U.S. Dollars even though the hotel may operate in Mexican Pesos.  In such a situation, the venue would convert the applicable amount from U.S. Dollars to Mexican Pesos using the venue’s exchange rate, and you would be charged the Mexican Pesos amount.


Please contact us or the applicable venue for additional information regarding currencies and exchange rates used at hotels.

 

Privacy & Confidentiality

 

Your submission of information on the Site to make a reservation or utilize any other services made available to you on the Site is subject to Off Path Venues’s privacy policies. Any communications such as searches, questions, comments, suggestions, chats, requests and similar communications submitted by you to Off Path Venues are not confidential communications, and Off Path Venues shall be free to use, reproduce, publish, distribute, and disclose such communications. Off Path Venues is under no obligation to protect such communications from disclosure. Off Path Venues may use, reproduce, publish, distribute, and disclose such communications to others without limitation and without any obligations to you. Off Path Venues is also free to use for any purpose whatsoever any ideas, concepts, content, techniques, or know-how in such communications without limitation and without any obligations to you. To the extent you own any intellectual property rights in such ideas, concepts, content, techniques, or know-how, by submitting them to Off Path Venues, you grant Off Path Venues a royalty-free, irrevocable license to use such any such idea, concept, content, techniques, or know-how.

 

Browsing Habits

 

The Site may tailor information, offers, and other content based on your browsing habits, your geographic location and other factors.

 

Links

 

The Site may contain links to other web sites on the Internet and certain actions on the Site may result in specific advertising from third parties, including information that may be displayed in other windows or in third party sites. We provide these links solely as a convenience to you. The inclusion of these links in no way indicates Off Path Venues’s endorsement, support, or approval of such sites, such site’s content, products, or services, or the operators of any such site. We undertake no obligation to review or monitor any sites linked to or from the Site. Your use of any such site is at your own risk and subject to the terms and conditions of such sites. We are not responsible for the content, products, services, or practices of third party sites. In addition, you agree not to link your site or any other third party site to the Sites without Off Path Venues’s express prior written consent.

 

Miscommunications / Lost Transactions

 

Off Path Venues is not responsible for communication failures, errors, difficulties, or other malfunctions or lost, stolen, or misdirected transactions, transmissions, messages, or entries on or in connection with the Site. Off Path Venues is not responsible for any incorrect information associated with any transaction or transmission on or to the Site regardless of whether such incident is the result of user error, system error, or human error.

 

Availability

 

The Site is available to anyone with Internet access. However, the Site may not be continuously available due to maintenance or repairs or due to computer or mobile device problems or crashes, disruption in Internet service or other unforeseen circumstances. The Site contains information on Off Path Venues’s worldwide products and services, not all of which are available in every location. A reference to a product or service on the Site does not imply that such product or service is or will be available in your location at the time you are there. The content of the Site, including advertising content, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. Each product or service is void where prohibited by law.

 

Intellectual Property

 

General / Ownership

 

Unless expressly stated otherwise, the content included on the Site, including but not limited to text, software, photographs, images, graphics, illustrations, artwork, video, music, sound, and names, logos, trademarks and service marks, are the property of Off Path Venues or its licensors or suppliers. This content is protected by copyright, trademark and other laws. No right, title, or interest to the content is granted by your use of the Site, other than a right to review the content using a conventional Internet browser, app, or other platform or device for a particular Site to conduct ordinary Internet or other browsing. All other uses, including making copies of any content on the Site, are strictly prohibited. You may not modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material for any purpose other than personal, non-commercial use (or legitimate activities of a travel agent or travel professional) without Off Path Venues’s written permission. Except for non-commercial individual private use, the downloading, reproduction, or retransmission of the Site (or any part of its content) is strictly prohibited.

  

Copyright

 

Unless otherwise noted, all content on the Site is the copyrighted property of Off Path Venues or its affiliates or licensors. All content of the Site is protected by United States copyright laws as well as the applicable laws of other jurisdictions.

 

Off Path Venues Trademarks

 

Off Path Venues and other related marks used on the Site are trademarks of Off Path Venues Corporation and its affiliates. The use of the ® symbol designates marks that are registered with the U.S. Patent and Trademark Office, and such marks may also be registered with the trademark offices of certain other countries. Those marks and related names, trademarks, logos, designs, and trade dress shown on the Site are owned by Off Path Venues and protected by the trademark laws of the United States and other jurisdictions.

 

Notice and Procedures for Making Claims of Copyright Infringement

 

Off Path Venues respects the intellectual property rights of third parties. Off Path Venues responds to notices of alleged copyright infringement according to the Digital Millennium Copyright Act (“DMCA”) at 17 U.S.C. § 512 et seq. Regardless of whether or not Off Path Venues believes that it is liable for any copyright infringement for which we are provided notice, Off Path Venues’s response may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating an individual’s access to the Site, at Off Path Venues’s sole discretion and operating within the parameters of the DMCA.


If you believe that your work has been copied in a manner that constitutes copyright infringement, please contact: 

 

copyright@OffPathVenues.com

 

with the following information:

  • Your name, address, telephone number and email address;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of the allegedly infringing material and where it is located on the Site;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agents, or the law;
  • A statement by you under penalty of perjury that your notice is accurate, that you are the copyright owner or that the copyright holder has authorized you to act on its behalf; and
  • Your written or electronic signature attesting to the above.

 

If your content has been removed from the Site in response to Off Path Venues’s receipt of a DMCA Notification as outlined above, and you believe the removal was inappropriate, you may submit a DMCA Counter-Notification by contacting Off Path Venues at: 

 

copyright@OffPathVenues.com

 

with the following information:

  • Your name, address, telephone number and email address;
  • A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district for which jurisdiction for Off Path Venues would be appropriate, and that you will accept service of process from the person who submitted the DMCA notification or an agent of such person;
  • A description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • A statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  • Your written or electronic signature attesting to the above.

 

General Legal Terms

 

Right to Restrict Access

 

In addition to any other rights or remedies that may be available to Off Path Venues, Off Path Venues may, without any liability whatsoever, in its sole discretion terminate or restrict your access or use of the Site at any time and without notice.

 

Warranty Disclaimer

 

YOUR USE OF THE SITE IS AT YOUR OWN RISK. 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 OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS & CONDITIONS.

 

Limitation of Liability

 

NEITHER OFF PATH VENUES NOR ANY OFF PATH VENUES PARENT NOR ANY OFF PATH VENUES SUBSIDIARY, DIVISION, AFFILIATE, AGENT, REPRESENTATIVE, VENUE OWNER, LICENSOR, OR LICENSEE SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY MATERIALS, OPINIONS OR RECOMMENDATIONS ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF OFF PATH VENUES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OFF PATH VENUES’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST OFF PATH VENUES, ITS PARENT, AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES, VENUE OWNERS, LICENSORS, AND LICENSEES ARISING OUT OF YOUR USE OF THE SITE OR ANY MATERIALS, OPINIONS OR RECOMMENDATIONS ON THE SITE.

 

Jurisdiction / Governing Law / Choice of Forum

 

The Site is controlled and operated by Off Path Venues from its offices within the State of North Carolina, United States of America. Off Path Venues makes no representation that the content or materials on the Site are appropriate or available for use in other locations. These Terms & Conditions and any dispute arising out of or related to the Terms & Conditions or use of the Site shall be governed in all respects by and construed and enforced in accordance with the laws of the State of North Carolina, U.S.A., without regard to its conflicts of law principles. Exclusive jurisdiction over any cause of action arising out of these Terms & Conditions or your use of the Site shall be in state or federal courts located in Wilmington, North Carolina, U.S.A. You further agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action and waive any claim that such courts are an inconvenient forum.

 

Severability

 

If any part of these Terms & Conditions is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. All other provisions of these Terms & Conditions shall remain in full force and effect.

 

No Waiver

 

Off Path Venues’s failure to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and us nor any trade practices shall be deemed to modify these Terms & Conditions.

 

Forward Looking Statements

 

Certain statements and assumptions in the Site contain or are based upon “forward-looking” statements or information and are being made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. In some cases, you can identify forward-looking statements by the use of words such as “may,” “could,” “expect,” “intend,” “plan,” “seek,” “anticipate,” “believe,” “estimate,” “predict,” “potential,” “continue,” “likely,” “will,” “would,” and variations of these terms and similar expressions, or the negative of these terms or similar expressions. Such statements are necessarily based upon estimates and subject to numerous assumptions and uncertainties as described in our Annual Reports on Form 10-K, Quarterly Reports on Form 10-Q and other SEC filings which could harm our business, financial condition, results of operations, or cash flows or cause our actual financial results or performance to differ materially from those expressed in or implied by the statements and information contained in the Site. Forward-looking statements included in the Site are made only as of the date of their initial publication, and we caution you not to place undue reliance on any forward-looking statement. We do not undertake or assume any obligation to update publicly any forward-looking statement to reflect actual results, new information or future events, changes in assumptions, or changes in other factors affecting forward-looking statements, except to the extent required by applicable law. If we update one or more forward-looking statements, no inference should be drawn that we will make additional updates with respect to those or other forward-looking statements.

 

Contact

 

If you have any questions or concerns regarding the Site, please contact us at concierge@OffPathVenues.com. As noted in the Privacy & Confidentiality section above, any communication or material transmitted to us via the Site or Internet e-mail is transmitted on a non-confidential basis.

 

Revised 2/2021. ©2021 Off Path Venues Corporation. All Rights Reserved.