The Palms Hotel & Spa Terms of Use

Last updated: March 16, 2020

Thank you for visiting the website of The Palms Hotel & Spa (www.thepalms.com). These Terms of Use (“Terms”) contain the rules and restrictions that govern your use of the Websites. Please read the Terms carefully. If you have any questions about the Terms or the Websites, please contact us at privacy@thepalmshotel.com or at 3025 Collins Avenue, Miami Beach, FL 33140.

These terms are a binding contract between you and The Palms Hotel & Spa (“The Palms,” “we,” “us,” or “our”). By using the Websites, you agree to these Terms and to our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, please do not use the Websites.

USER REQUIREMENTS
You must be at least 18 years old to use the Websites. If you use the Websites to reserve a room, you warrant that you are at least 18 years old. In addition, if you make a reservation on behalf of another person, you warrant that you are authorized to do so.
We reserve the right to cancel or modify reservations that appear to be the result of fraudulent behavior or that appear to be the result of a mistake or error. If you abuse the reservation facilities provided on the Websites, we may block or prevent you from further use of those facilities.
The Websites limit your ability to book blocks of rooms. To reserve more rooms for the same period of stay than the terms below allow, please contact the hotel directly.
You may not use the Websites to book more than five rooms for the same period of stay, and we may cancel, modify, or impose additional conditions on reservations that exceed this limit.
Some rates have special eligibility requirements such as, AAA, or are promotional rates. You are responsible for verifying that you correctly enter any information that is necessary to obtain such rates, and that you receive this rate at the time of your booking. We are not obligated to honor a rate for which you do not qualify.

USE OF WEBSITES
You may not use the Websites in a way that violates any laws, infringes anyone’s rights, or interferes with the Websites or any features on the Websites (including any technological measure we use to enforce these Terms). You may not make unauthorized copies or downloads of information accessible on and delivered through the Websites (“Content”) or make any attempts to affect the functionality of the Websites. You may not use any Content or any feature on the Websites in any manner that is or could be interpreted as competitive with The Palms Hotel & Spa. If we (in our sole discretion) determine that you have acted inappropriately, we reserve the right to investigate, terminate your account, prohibit you from using the Websites, and take appropriate legal actions.

COMMUNICATIONS ABOUT THE WEBSITES
We may contact you for the purpose of providing you with account information, legal notices, or information about our products and Websites. By opening an account, you agree that you accept electronic communications as an acceptable form of notice. You have the right to opt-out of marketing communications by changing your marketing preferences in your account. If you no longer wish to receive account information by email, you must close your account.

PRIVACY
Our Privacy Policy provides further information about how we collect, use, and disclose your personal information. By using the Websites, you acknowledge that we will collect, use, and disclose your personal information as described in our Privacy Policy.

PAYMENTS AND REWARDS
The Palms uses a variety of partners, including payment processors, to collect payment for reservations and other Websites that you reserve or purchase through the Websites. You are responsible for using a valid method of payment and providing accurate and complete information in connection with any payment facilitated by the Websites. Consistent with our Privacy Policy, any personal information that you provide in connection with payment is subject to the policies of the entities that collect and process payments for The Palms.
The Palms may partner with other entities that offer loyalty points or similar incentives (“Rewards”). Any information that you provide, and any Rewards that you acquire in connection with your use of the Websites, are subject to the terms, conditions, notices, and other policies of the entity that manages the Rewards program. The Palms may end its partnership with any Rewards provider at any time.

RATINGS, REVIEWS, AND OTHER USER FEEDBACK
The Palms welcomes feedback from its guests and values integrity in reviews that guests choose to provide to us or to others. On occasion, we may post on the Websites input that we receive from guests. By submitting a review, suggestion, comment, idea, or other feedback through the Websites (“User Submission”), you grant us certain rights and take on certain obligations. For all User Submissions, you grant us a royalty-free, transferable, non-exclusive, perpetual, worldwide license to use, store, display, reproduce, save, modify for technical purposes, distribute, translate, or otherwise act with respect publish your User Submission, in part or in its entirety. You also agree to base any User Submission on your first-hand knowledge of the Websites and any other subject matter that you address in your User Submission. The Palms considers User Submissions to be non-confidential and non-proprietary. The Palms has no obligation to use any User Submission and reserves the right to determine whether and how to use a User Submission.

USE OF CONTENT; INTELLECTUAL PROPERTY
The Palms owns and operates the Websites, including all text, graphics, data, articles, photos, images, illustrations, and User Submissions (collectively, the “Content”). Using the Websites does not give you ownership of any intellectual property rights to the Content you access. Except as otherwise permitted by these Terms, no Content available through the Websites may be modified, copied, reproduced, republished, uploaded, posted, transmitted, resold or distributed in any way, except with the prior written consent of The Palms. All Content included on the Websites is the exclusive property of The Palms and is protected by U.S. and other copyright laws and international treaties.
Any other use of the Content provided through the Websites is strictly prohibited. You may not copy, decompile, reverse engineer, disassemble, or attempt to derive the source code of, modify, or create derivative works of the Websites, any updates, or any part thereof. Except as expressly stated in this legal notice, you do not have any right or license to the website or Content, or any portion of the Content.
All trademarks, logos, and service marks displayed on the Websites are registered and unregistered trademarks of The Palms, its parent company, and/or third parties who have authorized their use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way. All of the materials on the Websites are copyrighted, except where explicitly noted otherwise. We will enforce our intellectual property rights to the fullest extent of the law, including by seeking criminal prosecution, if necessary.
Subject to your compliance with these Terms and applicable policies, rules or guidelines, and your payment of any applicable fees, The Palms grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Websites. All rights not expressly granted to you in these Terms or any policies or guidelines are reserved and retained by The Palms or its licensors, suppliers, publishers, rightsholders, or other content providers. The licenses granted by The Palms terminate if you do not comply with these Terms or the applicable policies, rules or guidelines.
If you have questions concerning the legal notices stated above, you may contact us at info@thepalms.com.

LINKS TO OTHER SITES
We may display links to or advertisements for other sites or services that are maintained by unrelated companies and persons. By displaying such content, we are not approving, endorsing or accepting any responsibility for the content, its use, or any products and services made available through a link or advertisement. In particular, we disclaim any responsibility for the accuracy of information in any website or advertisement that is linked to or from the Websites. In addition, The Palms does not control how any other site or advertiser uses information that it collects from you; any information that you provide to an unrelated site or advertiser is subject to unrelated to its privacy policy and other applicable terms.

THIRD-PARTY COPYRIGHTS
Just as The Palms requires users to respect our copyrights, and those of our affiliates and partners, we respect the copyrights of others. Pursuant to provisions of the Digital Millennium Copyright Act (“DMCA”) codified at 17 U.S.C. § 512, The Palms has implemented the following procedures for receiving written notification of claimed infringements and for processing such claims.
If you believe any Content on the Websites infringes your copyright, you may request removal of such Content (or access thereto) from the Websites by contacting The Palms as set forth below and providing the following information:

• Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., page within the Websites) of an authorized version of the work.
• Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
• Your name, address, telephone number, and e-mail address.
• A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
• A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
• A signature or the electronic equivalent from the copyright holder or authorized representative.

Send this information by email to: info@thepalms.com
Once notification in accordance with the above is received by the Designated Agent, it is our policy to: (a) remove or disable access to the Content; and (b) notify the provider of the Content or user of the Websites that it has removed or disabled access to such Content.

WARRANTY DISCLAIMER
We provide the Websites using a commercially reasonable level of care, but there are certain things that we cannot guarantee. The Palms does not make any representations as to warrant or guarantee the accuracy, quality, completeness, currency, or validity of any Content available through the Websites.
OTHER THAN EXPRESSLY SET OUT IN THESE TERMS, THE PALMS DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT THE WEBSITES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT OR THE WEBSITES, THE SPECIFIC FUNCTIONS OF THE WEBSITES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE WEBSITES “AS IS.”
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES.

FORCE MAJEURE
The Palms will have no liability whatsoever for delays or interruptions in delivery or accessibility of any of the Websites, interruptions or service or other breach of these Terms due to fire, explosion, lightening, power surge or failure, water, acts of God, war, civil disturbance, terrorism, acts or omissions or communications carriers, or other causes beyond The Palms’ reasonable control.

LIMITATION OF LIABILITY
Except where prohibited, under no circumstances will The Palms or any of its officers, directors, employees, representatives, agents, licensors or suppliers be liable for any direct, indirect, punitive, incidental, compensatory, special or consequential damages that result from the use of or the inability to use the Websites, even if The Palms or its authorized representatives have been advised of the possibility of such damages. This limitation of liability shall survive these Terms and your use of the Service.

INDEMNIFICATION
As a condition of your use of the Websites, you agree to indemnify, defend, and hold harmless The Palms, its officers, directors, employees, representatives, agents, licensors and suppliers from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your use of the Websites, including any claims alleging facts that if true would constitute a violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Websites using your account. This indemnification shall survive these Terms and your use of the Service.

INTERPRETATION
These Terms constitute the entire agreement between The Palms and You with respect to the subject matter of these Terms, and supersede all prior agreements, understandings, or representations between you and The Palms or an affiliated entity with respect to the subject matter of these Terms. These Terms do not supersede or alter any other agreement, and you must comply with the terms of these Terms and each such other agreement to which you have agreed or may agree in the future.In the event of a conflict between these Terms and any such other agreement to which have agreed, these terms shall control as it relates to the subject matter herein. These terms may not be modified except in writing and as permitted herein.

MODIFICATIONS AND TERMINATION
We reserve the right to modify the Websites at any time, with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or discontinue a particular feature altogether.
We may modify these Terms at any time, so be sure to check back regularly. By continuing to use the Websites after these Terms have changed, you indicate your agreement to the revised Terms. If you do not agree to the changes, you should stop using the Websites. If we modify the Websites in a way that constitutes a material change, we will give you appropriate notice.

TERMS INCORPORATED BY REFERENCE
In addition to these Terms of Use, you agree to the terms, conditions, and notices to which we link below and which are incorporated by reference into this agreement. The Palms Best Rate Guarantee.

RESERVATIONS GENERAL TERMS
Cancellation policies and other information about specific room reservations may vary by property and the type of reservation. We disclose the rate rules, tax information, applicable charges, and cancellation policies that apply to your reservation before you book your stay. Please review this information carefully before making your reservation.

NON-U.S. CURRENCIES
If you choose to view room rates in a non-U.S. currency, please be aware that the room rate that you pay will be the rate in U.S. Dollars at the time you make your reservation. Because currencies are subject to exchange rate fluctuations, the price you are charged at the time of your stay in non-U.S. currency may differ from the rate that was quoted when you made your reservation. In addition, credit card charges are subject to additional currency conversion fees, which are not within The Palms’ control and may affect the amount charged to your credit card.

ADDITIONAL DETAILS
These terms are governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Dade County or Miami Beach, Florida and you hereby consent and submit to the personal jurisdiction of such courts.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The Palms’ failure to insist upon or enforce strict performance of any provision of these terms shall not be construed as a waiver of any provision or right. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as described herein.

CONTACT US
If you have questions about the Websites, please contact info@thepalms.com, call us at 305-534-0505, or send correspondence to:

The Palms Hotel & Spa
3025 Collins Avenue
Miami Beach, FL33140