By using the Site, you agree to be bound by these TOU. If you do not agree to be so bound, you are not authorized to use the Site. These TOU are a legal contract between you and Owner and govern your access to and use of the Site together with any services offered through the Site. Your rights to use the Site are limited by applicable federal, state, and local laws and regulations.
The Site is generally intended for adults 18 years of age or older. If you are younger than 18 years of age, you represent and warrant that you are legally able to access and use the Site and/or have parental permission.
The Talent Community Services
The Talent Community portal/services offered through the Site allow users interested in career opportunities with Owner to create a basic profile (contact information, previous hotel brand experience, type of work they are interested in, etc.). Once the users provide this information, they can sign up for periodic alerts and receive emails notifying them of jobs that match their interests. As Talent Community members, these users may be contacted by Owner recruiters via email, phone, and/or through LinkedIn profiles if a suitable career opportunity arises. Talent Community members may also be notified once new hotels open or become managed by Owner in their geographic areas to see if they are interested in applying for employment. Talent Community members can log in to their accounts and change their contact information, job interests, and communication preferences at any time.
If a user signs up to become a Talent Community member, that does not mean that the user applied for any job or has a pending employment application with Owner. The user would still need to apply online for any particular position in order to be considered for employment for that particular position.
You agree that you will only use the Site for its intended purposes, and not for other commercial ventures without first seeking approval from Owner.
Except as otherwise noted in these TOU, you are prohibited from copying, reproducing, posting/uploading, modifying, editing, adapting, transmitting, distributing, republishing, translating, creating derivative works from, reverse engineering, displaying, downloading, reselling or duplicating, in whole or in part, for commercial or any other purposes, any Talent Community portal content or data. You may not use any Talent Community portal content or data to establish any independent data files, databases, compendiums, or any other reference materials.
Owner does not warrant or guarantee the accuracy, completeness, timeliness, merchantability or fitness for a particular purpose of the information and data contained in Talent Community portal.
Owner does not, via the Talent Community portal, verify your eligibility for any available job or position. Submitting information via the Talent Community portal is not part of the formal application process for any specific job or position. In no event shall Owner be liable to you or anyone else for any decision made or action taken by you in reliance of any information or data found in the Talent Community portal/database.
Owner hereby grants you a revocable and nonexclusive right and license to use the Site and Talent Community portal/services (including any underlying software) in a manner that is consistent with the other terms in these TOU and the Site’s intended purposes. Owner 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 breach of any term contained in these TOU.
Owner reserves the right to modify these TOU at any time without prior notice. You should visit the Site from time to time to review the current TOU. By using the Site subsequent to any modification of these TOU, you agree to be bound by such modification(s). Owner will highlight any change to these TOU for 30 days after such change(s) is/are made.
Owner does not represent that any of the Site content is completely accurate, and therefore any reliance on the Site is done at your own risk.
Information Submitted Through the Talent Community Portal
You agree that Owner has a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use any information you submit through the Site/Talent Community portal for the purpose of operating the Talent Community services.
Owner uses and allows Hospitality Online, Inc. (“Hospitality Online”) to directly collect your submitted information through the Site/Talent Community Portal (e.g., when you sign up) so Hospitality Online can provide data storage, Site maintenance, email communication services, and employment opportunity marketing in connection with providing the Talent Community services to you. Hospitality Online maintains and operates the Talent Community portal/services for Owner.
You further agree that you will not upload to the Site/Talent Community portal any content that infringes the rights, including but not limited to, intellectual property, privacy, publicity, or contract of some other person or entity. You shall be solely liable for any damages, royalties, or fees resulting from any infringement of rights or any other harm resulting from any content you upload.
Owner reserves the right to comply and cooperate with any and all legal requirements, legal authorities, and/or law enforcement agencies regarding the investigation of, or request to disclose, your uploaded content. By accepting these TOU, you waive and hold harmless Owner from any claims resulting from any action taken by Owner during or as a result of Owner’s investigation and/or from any actions taken as a consequence of investigations by either Owner or law enforcement.
Please note that Owner does not accept unsolicited content or ideas you may attempt to transmit to Owner directly. As such, we take no responsibility for such transmitted content or ideas. If you do send Owner unsolicited content or ideas, you agree that Owner may use such content and ideas in any way Owner wishes without any compensation to you.
Intellectual and Other Property
Other than the exceptions referenced in these TOU or noted elsewhere, all other content on the Site is the property of Owner 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 name, or other electronic files (referred hereafter as “Owner Content”).
Certain elements of 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 and treaty provisions. Any Owner Content protected by intellectual property laws may not be copied, republished, posted, modified, edited, transmitted, distributed, used to create derivative works of, or reverse engineered without permission, except that you may print out one copy of each Site page solely for non‑commercial personal use. No right, title, or interest in any Owner Content is transferred to you as a result of you accessing, downloading, or printing such content from the Site. Any use of Owner Content must display the appropriate copyright, trademark, and other proprietary notices.
You acknowledge that you have no right, title, or interest in or to the Site and/or Owner Content.
Interstate is a mark of Owner. Other marks, names, and logos on the Site are the property of Owner or their respective owners.
There may be other content located on the Site not owned by Owner, and you should respect those property rights as well. All rights not expressly granted herein are reserved to Owner.
Job/Position Availability and Information
Owner does not represent or warrant that any job or position advertised through the Site/Talent Community services: (1) is actually an available job or position (mistakes happen); (2) will remain available for any set period of time; or (3) exactly matches the information advertised about the same job or position. Owner is not responsible for any errors in any job or position information that is advertised through the Talent Community services.
Links to Third Party Sites And Other Site Interaction
The Site may contain links to external sites not controlled and/or affiliated with Owner. If you use these links, you will leave the Site. Owner provides these links to you only as a convenience. Owner is not responsible for the content at the linked sites, including, without limitation, links displayed on such sites. You access any linked sites at your own risk.
Owner may also allow interaction between the Site and other third party sites or services such as Facebook, Twitter and other social media services. This may include “Like” buttons or other interactions through third party buttons or plugins on the Site that when used, may allow you to share content from the Site or other content with other persons on or through the third party services or elsewhere. Please consult the privacy policies of these third party services before using them to make sure you are comfortable with the level of sharing that will take place once you interact with them. Owner has no control over these third party services and you use these interaction functions at your own risk. Owner is in no way liable for any harm to you as a result of using one these interaction functions.
Other Prohibited Conduct
In connection with your access and/or use of the Site or any Talent Community services, you agree not to:
- Violate any federal, state, or local laws or regulations.
- Upload anything that imposes an unreasonable or disproportionately large strain on Owner’s network or computer infrastructure.
- Engage in any behavior that is designed to hack into or gain unauthorized access to protected areas of the Site and/or Owner’s computers, servers or networks, and/or any computers or systems used by other users of the Site.
- Upload anything that could destroy, damage, or impair any portion of the Site or any computers, systems, hardware, or software used by Owner or other users.
- Make unauthorized attempts to modify any information stored on the Site.
- Make attempts to defeat or circumvent security features, or to utilize the Site for any other purpose other than its intended purposes.
- Use any automated technology such as a robot, spider, or scraper to access, scrape, or data mine the Site.
- Provide false or misleading information when signing up for a Site account or otherwise upload any false or misleading information or content through the Site.
The previous list of prohibitions is not exclusive. Owner reserves the right to terminate your access to the Site or any Site services for any reason.
By accepting these TOU, you waive and hold harmless Owner from any claims resulting from any action taken by Owner during or as a result of Owner’s investigation and/or from any actions taken as a consequence of investigations by either Owner or law enforcement related to your use of the Site.
You agree to indemnify, defend and hold harmless Owner, including its officers, directors, employees, affiliates, agents, licensors, representatives, attorneys, and business partners (“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) Owner 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 services, your breach of these TOU, the use of the Site by any person using your password, 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.
OWNER MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR ANY SERVICES OFFERED ON OR THROUGH THE SITE. OWNER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SECURITY, COMPLETENESS, TIMELINESS, APPROPRIATENESS, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUSES, TITLE, AND NON-INFRINGEMENT. THE DISCLAIMER OF WARRANTIES APPLIES TO THE SITE, ITS CONTENT, AND ANY SERVICES OFFERED ON OR THROUGH THE SITE. OWNER DOES NOT WARRANT THAT THE SITE FUNCTIONS OR CONTENT WILL BE UNINTERRUPTED, TIMELY, OR SECURE. OWNER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SITE. OWNER DOES NOT WARRANT THAT THE SITE AND/OR CONTENT WILL BE ERROR-FREE, THAT ANY ERRORS ON THE SITE WILL BE CORRECTED, OR THAT THE SITE/SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE SITE AND RELATED CONTENT, INCLUDING ANY SERVICES OR INFORMATION PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. 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 SERVICES. OWNER MAKES 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
IN NO EVENT WILL OWNER OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, AND BUSINESS PARTNERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, ACTUAL, OR OTHER INDIRECT DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOST DATA, LOSS OF GOODWILL, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF: (1) THE USE OR INABILITY TO USE THE SITE OR ANY SITE SERVICES; (2) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR INACCURACIES ON THE SITE OR IN THE SITE SERVICES; AND/OR (4) ANY OTHER MATTER RELATING TO THE SITE OR ANY SERVICE OFFERED ON OR THROUGH THE SITE.
In no event will the collective liability of Owner or its officers, directors, employees, affiliates, agents, licensors, representatives, attorneys, and business partners to any party, regardless of the type of action whether in contract, tort, or otherwise, exceed the greater of $100.00 or the amount you paid to Owner for the applicable good or service out of which the liability arose.
IF YOU ARE DISSATISFIED WITH THESE TOU, THE SITE, OR ANY SERVICE OFFERED ON OR THROUGH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
GIVEN THAT SOME STATES DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE LIMITATION OF LIABILITY WILL APPLY TO THE GREATEST EXTENT ALLOWED UNDER THE LAW.
As noted, you can become a Talent Community member through the Site. You will be asked to create a user name and password in order to set up the applicable account. You are responsible for maintaining the confidentiality of your password and user name, and agree to notify Owner if your password is lost, stolen, disclosed to an unauthorized party, or otherwise may have been compromised. You are responsible for all activities that occur under your Site membership account. You may only set up one Site membership account, and must do so in your own name. You agree to immediately notify Owner at firstname.lastname@example.org of any unauthorized use of your Site membership account or any other breach of security in relation to the Site known to you. If Owner suspends or terminates your Site membership account under these TOU, you acknowledge that all information and content associated with such account will no longer be available to you.
You may cancel your Site membership account at any time by contacting email@example.com.
Owner operates the Site from its headquarters in the United States, and the Site and TOU are 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 personally identifiable information, may be transmitted to and stored in the United States.
Any and all disputes relating to these TOU, the Site, and/or any services offered on or through the Site, are governed by, and will be interpreted in accordance with, the laws 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 Virginia for any litigation arising out of or relating to the use of the Site, waive any objection to the venue of any such litigation in Virginia courts, and agree not to plead or claim in any Virginia court that such litigation brought therein has been brought in an inconvenient forum.
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.
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 Owner, with respect to the Site.
If you violate any portion of these TOU, Owner reserves the right, without an obligation to do so, to deny you access to the Site and/or the Talent Community services. If Owner terminates your access to the Site, Owner may also delete your Site membership account. Owner has the right to terminate any password-restricted account for any reason.
Owner's failure to enforce any portion of these TOU is not a waiver of such portion.
The proprietary rights, disclaimer of warranties, representations made by you, indemnities, and limitations of liability shall survive the termination of these TOU.
Owner reserves the right, without notice and reason, to take down or terminate the Site or Talent Community services or otherwise revoke any and all access granted to you related to the Site. You agree that Owner is not liable to you or any other third party for this action.
Owner does not assume any liability or responsibility for your use of the Internet or the Site including, but not limited to, any change your computer or related systems may sustain as a result of accessing the Site.
Certain software elements of the Site and related Site 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.
If you need to contact Owner for any reason not already specified in these TOU, please use the following contact information: firstname.lastname@example.org