Notifications of claimed infringement should be directed to the IHG Copyright Agent as follows:
Six Continents Hotels, Inc.
Three Ravinia Drive
Atlanta, GA 30346-2149
Parties submitting content to the Site should be aware that IHG companies reserve the right to suspend or terminate their subscriptions or accounts in the event that IHG companies determine, in their sole discretion, that they have engaged in repeated acts of copyright infringement.
OWNERSHIP OF MATERIALS.
The Materials are confidential and proprietary information of IHG companies or its licensors, as applicable.
LINKED WEB SITES.
This Site includes links to other web sites. SCH provides such links solely as a convenience to you and for informational purposes only. SCH has not reviewed all of the information on these other web sites. The inclusion of these links in no way indicates SCH’s or other IHG companies’ endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from such web sites. Neither SCH, nor any other providers of products or services related to this Site, shall be responsible for the content of any other web sites and make no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk. Other web sites may include links to the Site. The inclusion of such links does not indicate the other web site’s endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from the Site.
If you have been provided with a login and password, then any such login and password are for your personal use only. You may not reveal your login or password to anyone else or permit anyone else to use your login and password to access the Site. You are responsible for maintaining the confidentiality and security of your login and password and accept responsibility for all activities that occur under your account or password. You must notify IHG immediately in the event that the security of your login or password has been breached.
DISCLAIMER. THE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Further SCH does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Materials. SCH may make changes to the Materials, or the programs, policies or other information described in the Materials, at any time without notice. SCH makes no commitment to update the Materials.
LIMITATION OF LIABILITY.
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.
SCH reserves the right, in its sole discretion, to modify your access or terminate your access to the Site and the Materials or any portion thereof at any time, without notice.
All notices and other communications permitted or required by the provisions of this Agreement may be given by electronic mail, conventional mail or, if by an IHG company, by posting such notice on this Site. Notice is deemed given upon receipt by you if sent by electronic mail or conventional mail, or immediately upon posting to this Site.
The arbitration proceedings shall be heard by one independent arbitrator who shall be an attorney or retired judge. The arbitration shall be held in accordance with the then-existing Commercial Arbitration Rules of the AAA. All matters within the scope of the Federal Arbitration Act (9 U.S.C. 1, et seq.) will be governed by it and not by any state arbitration law. You and SCH waive any rights to maintain other available resolution processes for such disputes, such as a court action or administrative proceeding, to settle disputes. You and SCH waive any right to a jury trial for such disputes. The rules in arbitration are different from the rules that apply in court. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in the Agreement, as a court would.
In reaching his or her decision, the arbitrator shall follow this Agreement and Materials, shall be bound to apply the applicable law and shall not rule inconsistently with the applicable law. The arbitrator may not (1) without the consent of all parties, combine more than one individual’s claim or claims into a single case, (2) participate in or facilitate notification to others of potential claims, or (3) arbitrate or preside over any form of a class, mass, collective, or representative proceeding. The arbitrator shall include in his or her award any relief he or she deems proper in terms of money damages (with interest on unpaid amounts from the date due at the maximum rate allowed by law), and attorneys’ fees and costs. The award of the arbitrator shall be conclusive and binding upon all parties hereto and judgment upon the award may be entered in any court of competent jurisdiction.
Other than as may be required by law, the entire arbitration proceedings (including, but not limited to, any rulings, decisions or orders of the arbitrator), shall remain confidential and not be disclosed to anyone other than the parties to this Agreement.
Any and all Covered Claims shall be commenced within one (1) year from the occurrence of the facts giving rise to such claim or action, or such claim or action shall be barred. This Limitations Period section does not apply to residents of New Jersey, and is not applicable where local law prohibits it.
WAIVER OF CLASS, MASS, COLLECTIVE, AND REPRESENTATIVE CLAIMS.
To the extent permitted by law, you agree that you will not file a class action against an IHG company, participate in a class action against an IHG company, file or seek a class, mass, collective, or representative arbitration against an IHG company, or participate in such an arbitration against an IHG company, for any Covered Claims. To the extent permitted by law, you agree that all such claims may only be brought in your individual capacity, and not on behalf of other individuals.
MISCELLANEOUS PROVISIONS. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior oral and written agreements. No failure or delay on the part of IHG in exercising any right or remedy hereunder or enforcing the terms and conditions of this Agreement will operate as a waiver thereof. If any part or provision of this Agreement is found to be invalid, unenforceable or void, then the remaining portion shall remain in full force and effect. If the Waiver of Class, Mass, Collective, and Representative Claims is found to be unenforceable, then any claim brought on a class, mass, collective, or representative action basis must be filed in a court of competent jurisdiction, and such court shall be the exclusive forum for such claims. Headings are for convenience only and not for use in interpretation of this Agreement.