We are delighted that you are visiting this website and have an interest in Interstate Management Company, Inc. (“Interstate”, “we”, “our”, “us”, “Company”), the hotels we manage or the services we provide. Interstate is an independent hotel management company. Hotel owners entrust us to operate their hotels and to provide exceptional service to guests of both franchise-branded and independent hotels, resorts, and other hospitality services.
Interstate may also offer promotions, sweepstakes, contests, services or features that have their own terms, and to the extent any portion of those special terms conflict with these TOU, the special terms will govern for that specific portion.
These TOU are a legal contract between you and Interstate and govern your access to and use of the Site, together with any services offered to customers on or through the Site, as provided by Interstate. As a condition of accessing or using the Site, you agree to be bound by each term of these TOU, including any conditions and notices presented below. If you do not agree to be so bound without modification, you are not authorized to use the Site and must discontinue use of the Site immediately. Also, your rights to use the Site are limited by applicable federal, state, and local laws and regulations.
ALL PROVISIONS IN THESE TOU ARE APPLICABLE TO THE EXTENT PERMITTED BY LAW.
IF YOU ARE DISSATISFIED WITH THESE TOU, THE SITE, OR ANY GOOD OR SERVICE OFFERED ON OR THROUGH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY TO IS DISCONTINUE USING THE SITE.
The Site is intended for adults 18 years of age or older. By accessing the Site, you represent that you are 18 years of age or older.
- Interstate Information. The information displayed on the Site (“Interstate Information”) is the property of Interstate or other parties. Interstate Information is provided for entertainment and informational purposes only. You agree that you will only use the Site for its intended purposes, and not for other commercial ventures without first seeking approval from Interstate. You may not use Interstate Information to establish any independent data files, databases, compendiums or any other reference materials. The downloading, reproduction, or retransmission of Interstate Information, other than for non-commercial individual use, is strictly prohibited.
- License. Interstate hereby grants you a revocable and nonexclusive right and license to use and access the Site (including any underlying software) in a manner that is consistent with the other terms in these TOU and the Site’s intended purposes for Interstate Information (the “License”). Interstate reserves the right to terminate this License for any or no reason and at any time without notice to you, including, but not limited to, for any breach of any term contained in these TOU.
- Intellectual Property. The logo and INTERSTATE HOTELS & RESORTS are marks of Interstate. Other marks, names and logos on the Site are the property of their respective owners. The Site may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights of Interstate and/or other parties. Other than the exceptions referenced in these TOU or noted elsewhere, all other proprietary content on the Site is the property of Interstate including, but not limited to, all marks, logos, names, text, data, documents, messages, pictures, images, video, audio, graphics, links, software and its underlying code, domain names, or other electronic files (referred to hereafter as “Interstate IP”). Certain elements of the Site including, but not limited to, text, graphics, photos, images, video, audio, color selections, organization and layout, are copyright protected under United States and international copyright laws. Any Interstate IP protected by intellectual property laws may not be copied, republished, posted, modified, edited, transmitted, distributed, used to create derivative works, or reverse engineered without permission, except that you may print out one copy of each Site page solely for non-commercial personal use. No license to or any right, title or interest in or to any Interstate IP, or any other proprietary rights of Interstate or other parties, is granted to or conferred upon you as a result of you accessing, downloading or printing such content from the Site. Any display of Interstate IP must include the appropriate copyright, trademark and other proprietary notices. You acknowledge that you have no right, title or interest in or to the Site or any Interstate IP. There may be other content located on the Site that is not owned by Interstate, and you should respect those property rights as well. All rights not expressly granted herein are reserved to Interstate.
- Prohibited Conduct. In connection with your access to or use of the Site or any Site-related services, you agree that you will not engage in any of the following conduct without prior express consent from an authorized Interstate representative: (i) violate any federal, state or local laws or regulations; (ii) use any device, software or other instrumentality to hack into the Site, gain unauthorized access, or otherwise interfere or attempt to interfere with the proper working of the Site or Interstate’s computers, servers or networks; (iii) take any action that imposes an unreasonable or disproportionately large burden on our infrastructure; (iv) use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained therein; (v) use the Site or Interstate Information for any purpose other than its intended purposes; (vi) discuss, incite or promote illegal activity; or (vii) provide false or misleading information or content through the Site. This list of prohibitions is not exclusive. Interstate reserves the right to terminate your access to the Site or any Site-related services for any reason. By accepting these TOU, you waive and hold harmless Interstate from any claims resulting from any action taken by Interstate during or as a result of Interstate’s investigation into prohibited conduct, or from any actions taken as a consequence of investigations by either Interstate or law enforcement related to your use of the Site.
- Personal Information. You agree that if you choose to provide information that, by itself or in combination with other information, could be used to identify or contact you (“Personal Information”), such Personal Information will be complete and accurate and pertain only to you. Interstate will disclose any information regarding the use of our Site, including Personal Information pertaining to you, without your permission when we reasonably believe we are required to do so by law, or in good faith belief that such action is necessary to investigate or protect against harmful activities to hotel guests, visitors, employees, or property, including our Site, or to others.
- Access Codes. The Site may provide you with the ability to use usernames, passwords, or other codes or devices to gain access to restricted portions of this site (“Access Codes”). The content contained in such restricted areas is confidential to Interstate, and is provided to you for your use only. You are responsible for all activities that occur on the Site as a result of anyone using your Access Codes. You agree to immediately notify Interstate of any unauthorized use of your Access Codes or any other breach of security in relation to the Site known to you. We reserve the right to prohibit the use of such Access Codes on your behalf by third parties where we determine that such use interferes with our Site operations or results in commercial benefits for other entities to our detriment. If Interstate suspends or terminates your Access Codes under these TOU, you acknowledge that all information and content associated with such Access Codes will no longer be available to you. Interstate reserves the right, without notice or reason, to take down or terminate the Site or otherwise revoke any and all access granted to you related to the Site. You agree that Interstate is not liable to you or any other third party for such termination of access.
- Unauthorized Access. Interstate is not responsible for any harm or damages of any kind that may occur to you due to any glitches, hacks, breaches or any other unauthorized access to Interstate’s computer or network systems, including any Interstate hardware or devices, that may or may not result in the disclosure of your Personal Information you provided to us.
- Opinions and Recommendations. You acknowledge that the opinions and recommendations contained on the Site are not necessarily those of Interstate nor are they endorsed by Interstate. ANY RELIANCE ON ANY OPINIONS OR RECOMMENDATIONS OFFERED ON THE SITE IS DONE AT YOUR OWN RISK.
- Indemnity. You agree to indemnify, defend and hold harmless Interstate, including its officers, directors, employees, affiliates, agents, licensors, representatives, attorneys, and business partners (the “Indemnified Parties”), from and against any and all claims, demands, losses, costs, damages, liabilities, judgments, awards, and expenses (including attorneys' fees, costs of defense, and direct, indirect, punitive, special, individual, consequential, or exemplary damages) Interstate or any of the Indemnified Parties suffer in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that relates to your use of the Site and/or any Site goods or services, your breach of these TOU, the use of the Site by any person using your Access Codes, or any violation of an applicable law or regulation by you. Your indemnification obligation shall survive the termination of these TOU.
- Disclaimer of Warranties. YOUR USE OF THE SITE IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW, INTERSTATE AND ITS AFFILIATES MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE SITE. TO THE EXTENT PERMITTED BY LAW, THE SITE, ALL INTERSTATE INFORMATION AND ANY OTHER SITE-RELATED CONTENT, INCLUDING ANY GOODS, SERVICES OR DATA PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, REGARDLESS OF WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SECURITY, COMPLETENESS, TIMELINESS, APPROPRIATENESS, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUSES, TITLE OR NON-INFRINGEMENT. USE OF THE SITE MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. INTERSTATE MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SITE-RELATED SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SITE IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SITE, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. TO THE EXTENT PERMITTED BY LAW, THIS DISCLAIMER OF WARRANTIES APPLIES TO THE SITE, ITS CONTENT, AND ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE SITE. INTERSTATE AND ITS AFFILIATES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SITE OR INTERSTATE INFORMATION WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE WILL BE ACCURATE, COMPLETE OR RELIABLE; (4) ANY ERRORS ON THE SITE WILL BE CORRECTED; OR (5) THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS IN THE EVENT YOU EXPERIENCE ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE OR ANY SITE-RELATED GOODS OR SERVICES. TO THE EXTENT PERMITTED BY LAW, INTERSTATE AND/OR ITS AFFILIATES MAKE NO WARRANTIES THAT YOUR USE OF THE SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY FOR SUCH INFRINGEMENT.
- Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL INTERSTATE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, ATTORNEYS OR BUSINESS PARTNERS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITE (THE “COMPANY PARTIES”), BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, ACTUAL OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF ANY OF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF: (1) YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY MATERIALS, GOODS, SERVICES, OPINIONS OR RECOMMENDATIONS OF THIRD PARTIES ON THE SITE; (2) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR INACCURACIES ON THE SITE; OR (4) ANY OTHER MATTER RELATING TO THE SITE, INTERSTATE INFORMATION, AND ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE SITE, OR ANY LINKS ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AGAINST US AND OUR SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING DIRECTLY OR INDIRECTLY OUT OF YOUR USE OF THIS SITE. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY PARTIES TO ANY PARTY, REGARDLESS OF THE TYPE OF ACTION WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00 USD) OR THE AMOUNT YOU PAID TO INTERSTATE OR ANY OF THE OTHER COMPANY PARTIES FOR THE APPLICABLE GOOD OR SERVICE OUT OF WHICH THE LIABILITY AROSE.
- For California Residents. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “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.” In compliance with your rights under California Civil Code Section 1789.3, California residents have the right to contact Interstate with any complaints or to seek additional information. You may email Interstate at firstname.lastname@example.org. You may also call 703.387.3100. For any physical documents, you may send mail to Interstate Hotels & Resorts, 2011 Crystal Drive, Suite 1100, Arlington, VA 22202. If California users have any questions or complaints about Interstate they may also contact The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Hearing impaired persons may call (916) 928-1227 or (800) 326-2297 via TTY device.
- Communications with Interstate. With respect to all communications you make to Interstate regarding Interstate Information, including but not limited to feedback, questions, comments, suggestions and the like that you provide on the Site, through e-mail, text messages, telephone or social media, you agree that: (a) you shall have no right of confidentiality in your communications and Interstate shall have no obligation to protect your communications from disclosure; (b) Interstate shall have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to reproduce, use, modify, adapt, publish, translate, create derivative works, perform, display, disclose and distribute your communications for the purpose of operating and/or marketing the Site or any Site-related services, without limitation; and (c) Interstate shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.
- Potential Inaccuracies. Interstate does not represent that Interstate Information or any other content on the Site is completely accurate, and therefore any reliance on the Site is done at your own risk. Interstate Information may contain technical inaccuracies and typographical errors. Interstate shall not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor requests or information affected by such inaccuracies. Interstate reserves the right to make changes, corrections, cancellations or improvements to Interstate Information and to the products and programs described in such information, at any time without notice, including after confirmation of a transaction.
- U.S. Geographic Restrictions. Interstate operates the Site from its headquarters in the United States, and the Site is intended only for users within the United States. If you use the Site outside the United States, you are responsible for following your applicable local laws and determining, among other things, whether your use of the Site violates any of those local laws. By using the Site, you agree and acknowledge that information about you, including Personal Information, may be transmitted to, processed in, and stored in the United States. Interstate is a United States company and is prohibited from providing services to certain “prohibited persons” that are government officials or residents of certain embargoed countries, or other individuals whose names are published on lists maintained by United States government agencies. You agree to use all reasonable efforts not to arrange for any of these prohibited persons to stay at any hotels operated by Interstate, or to use or tour any Interstate facilities unless allowed under the travel exemptions set forth by the government agencies. Certain software elements of the Site and Site-related services may be subject to U.S. export laws and controls. As such, no software may be downloaded or exported to any country or foreign citizen that is under a U.S. embargo or that would otherwise violate U.S. law or regulations.
- Dispute Resolution. The Site is operated from Interstate’s headquarters in the United States and is subject to United States law. YOU AGREE that any and all disputes arising out of or related to these TOU, the Site, or any goods or services offered on or through the Site, are governed by and shall be construed and enforced in accordance with the laws of the Commonwealth of Virginia, without regard to any conflict of laws provisions. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT to submit to the exclusive jurisdiction of the courts of the Commonwealth of Virginia for any litigation arising out of or relating to these TOU or the use of the Site. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT to waive any objection to the venue of any such litigation in Commonwealth of Virginia courts. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY AGREE not to plead or claim in any Commonwealth of Virginia court that such litigation brought therein has been brought in an inconvenient forum.
- Severability. If any part of these TOU is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these TOU, all of which will remain in full force and effect to the extent permitted by law.
- No Waiver. Interstate’s failure to enforce any portion of these TOU is not a waiver of such portion.
- Survival. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, and any other relevant language that is meant to remain in effect after this Agreement ends shall survive the termination of these TOU.
- Entire Agreement. These TOU constitute the entire agreement of the parties with respect to the Site and supersede all prior communications, promises and proposals, whether oral, written or electronic, between you and Interstate, with respect to the Site.
- Amendments. Interstate reserves the right to revise these TOU at any time by amending this agreement without prior notice. You are expected to check this page from time to time to take notice of any changes we made to these TOU, as they are binding on you. By accessing or using the Site subsequent to any modification of these TOU, you agree to be bound by such modification(s).
If you need to contact Interstate about these TOU or for any reason not already specified in these TOU, please use the following contact details:
- PHONE: 703.387.3100
- EMAIL: email@example.com