Terms of Service
Effective Date: 10th December 2018
Please read these Terms of Service (the “Terms”) carefully. Your use of the Site (as defined below) constitutes your consent to these Terms.
These Terms constitute an agreement is between you and Graduate Hotels and its owners (“Company”, “we”, or “us”) concerning your use of (including any access to) the Graduate Hotels website currently located at www.graduatehotels.com (together with any materials and services available therein, and successor site(s) thereto, the “Site”). The Terms incorporate by this reference any additional terms and conditions posted by Company through the Site, or otherwise made available to you by Company. In addition to these Terms, we may ask you to accept additional terms that apply to specific features, products, or services. To the extent any additional terms conflict with these Terms, the additional terms govern with respect to your access to or use of the applicable feature, product or service.
By using the Site, you affirm that you are of legal age to agree to these Terms.
The Site is available only to individuals and entities that can form legally binding contracts under U.S. law. Without limiting the foregoing, the Site and the services offered by the Site are not available to minors. If you are not eligible to use the Site under this or any other section of these Terms, you may not use the Site. You warrant that you are eighteen (18) years of age or older to reserve a room on this Site.
You also warrant that you are legally authorized to make the travel reservations and/or purchases for either yourself or for another person for whom you are authorized to act. You may only use this Site to make legitimate reservations or purchases and shall not use this Site for any other purposes, including without limitation, to make any speculative, false or fraudulent reservations, or any reservation in anticipation of demand.
We reserve the right to cancel or modify reservations where it appears that a customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error, or from an attempt to circumvent Company or hotel policies, terms or conditions.
You understand that overuse or abuse of the reservation facilities of this Site may result in your being denied access to such facilities.Some rates have special eligibility requirements. It is your responsibility to verify that you qualify for the rate that you have booked. Hotels are not obligated to honor rates if you do not qualify.
The Site may not be available for use in non-U.S. jurisdictions. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Site’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
We may make changes to these Terms from time to time. If we make changes to these Terms, we will notify you, such as by updating the “Effective Date” date above and/or posting a notice on the Site. If you do not agree with the new version of these Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Site. Your continued use of the Site will confirm your acceptance of the revised version of these Terms. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links); charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users.
4. Rules of Conduct.
Unless you have received Company’s express prior written consent, in connection with the Site, you must not:
- Post, transmit, submit to, or otherwise make available through or in connection with the Site any materials that are or may be: (a) illegal, threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right.
- Post, transmit or otherwise make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
- Use the Site for any purpose that is fraudulent or otherwise tortious or unlawful.
- Harvest or collect information about users of the Site.
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of the Site; or violate any requirement, procedure or policy of such servers or networks.
- Restrict or inhibit any other person from using the Site.
- Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Site except as expressly authorized herein.
- Reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law.
- Remove any copyright, trademark or other proprietary rights notice from the Site.
- Develop any means or use any third-party means that interact with the Site, including any scripts designed to scrape or extract data from the Site;
- Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service.
- Systematically download and store Site content.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Site content, or reproduce or circumvent the navigational structure or presentation of the Site. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, Company grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Company reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
- Download or use any of the photography on the Site.
We reserve the right, in our discretion and at any time, to block or remove any content from the Site, suspend or discontinue any part of the Site, introduce new features or impose limits on certain features, or restrict access to parts or all of the Site.
The Site may make available listings, descriptions and images of goods or services or related coupons or discounts (collectively, “Products”), as well as references and links to Products. Such Products may be made available by Company or by third parties. The availability through the Site of any listing, description or image of a Product does not imply our endorsement of such Product or affiliation with the provider of such Product. We make no representations as to the completeness, accuracy or timeliness of such listings, descriptions or images (including any features, specifications and prices contained therein). Such information and the availability of any Product (including the validity of any coupon or discount) is subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the possession, use and sale of any Product.
We may make available the ability to purchase or otherwise obtain certain Products through the Site (a “Transaction”). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information. You represent and warrant that you have the right to use any credit card that you submit in connection with a Transaction. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. By making a Transaction, you represent that the applicable Products will be used only in a lawful manner.
Company reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Product; to impose conditions on the honoring of any coupon, discount or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with any Product. Refunds and exchanges will be subject to Company’s applicable refund and exchange policies. You agree to pay all charges incurred by you or on your behalf through the Site, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.
Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Site. All Transactions are made pursuant to a shipment contract and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
Please note that bookings and reservations have additional terms and restrictions that apply to each transaction at the time of booking. These additional terms take precedence over any contradictory provisions in the Terms.
7. Registration; User Names and Passwords.
To access and use certain areas or features of the Site, you may need to register for an account. By creating an account, you agree to (a) provide accurate, current, and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Site on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Services or your account.
By creating an account, you also consent to receive electronic communications from us (e.g., via email or by posting notices to the Site). These communications may include notices about your account (e.g., payment authorizations, password changes, and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.
8. Company’s Proprietary Rights.
We own the Site, which is protected by proprietary rights and laws. Subject to your compliance with the Terms, and solely for so long as you are permitted by Company to use the Site, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use the Site for your own personal use; however, such license is subject to these Terms and does not include any right to (a) sell, resell, or commercially use the Site or Products; (b) copy, reproduce, distribute, publicly perform, or publicly display the Site, except as expressly permitted by us or our licensors; (c) modify the Site, remove any proprietary rights notices or markings, or otherwise make any derivative uses of the Site; (d) use any data mining, robots, or similar data gathering or extraction methods; and (e) use the Site other than for their intended purposes. Any use of the Services or the Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
Our trade names, trademarks, trade dress and service marks include but are not limited to Graduate Hotels and Poindexter Coffee as well as any associated logos (collectively, the “Graduate Marks”). All trade names, trademarks, trade dress, service marks and logos on the Site not owned by us are the property of their respective owners. You may not (either directly or indirectly) use, copy, reproduce, republish, upload, post, transmit, distribute, register, attempt to register, or modify these marks, or any other marks that are confusingly similar to these marks, or any other marks appearing on this Site without our written consent. This prohibition on use of the Graduate Marks includes, without limitation, use as meta tags, in domain names, and on other sites.
Our Site content (including but not limited to text, graphics, logos, button icons, images, audio/video clips, digital downloads, data compilations, software used to operate the site, and all compilations of any of the above) is our property, or the property of our content suppliers and vendors, and are protected by United States and international copyright laws. You may use this site’s content and downloadable software only as resources for your travel needs, and not for any other use (direct or indirect). Nothing contained on the Site should be construed as granting any right to use any copyrighted material, trade names, trademarks, service marks or logos without the express prior written consent of the owner.
If you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Site or any of our Products (“Feedback”), then you agree that your disclosure is gratuitous, unsolicited, non-confidential and without restriction. We are free to use Feedback without any acknowledgement or compensation to you. We will be free to use, disclose, reproduce, license, distribute, modify, perform, display, and exploit the Feedback you provide, without any restriction of any kind on account of intellectual property rights or otherwise. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.
10. Third Party Materials; Links.
Certain Site functionality may make available access to materials made available by third parties (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.
You acknowledge and agree that your interactions with such third parties are solely between you and such third parties, and that Company is not responsible or liable in any manner for such interactions. Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions and policies applicable to such Third Party Materials (such as terms of service or privacy policies of the providers of such Third Party Materials).
11. Disclaimer of Warranties.
The Site and any Products and Third Party Materials are made available to you “AS IS” without any warranties of any kind, whether express, implied or statutory. Company disclaims all warranties with respect to the Site and any Products and Third Party Materials to the fullest extent permissible under applicable law, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, that use of the Site will be uninterrupted or error-free. All disclaimers of any kind (including in this section and elsewhere in the Terms) are made on behalf of both Company and its affiliates and their respective shareholders, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers and service providers (collectively, the “Affiliated Entities”). Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion and limitations may not apply to you.
12. Limitation of Liability.
To the fullest extent allowed by applicable law, Company and Affiliated Entities will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, tort (including negligence), strict liability or other theory, including damages for loss of profits, use, or data, revenue, income, profits, value of assets or securities, or other intangibles, even if advised in advance of the possibility of such damages or losses. Without limiting the foregoing, Company will not be liable for damages of any kind resulting from your use of or inability to use the Site or from any Products or Third Party Materials. Your sole and exclusive remedy for dissatisfaction with the Site or any Products or Third Party Materials is to stop using the Site. The maximum aggregate liability of Company for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, shall be the greater of $10.00 or the total amount, if any, paid by you to Company to use the Site.
Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.
Except to the extent prohibited under applicable law, you agree to indemnify, defend (at Company’s request), and hold Company and Affiliated Entities harmless from and against any and all claims, liabilities, damages, losses, and expenses, (including without limitation, actual, indirect, incidental, consequential, and special damages, such as damages for expenses or business interruption, property damage, attorneys’ fees, and loss of use, data, revenue, income, profits, or value of assets or securities) arising from or related to any third-party claims relating to: (a) your alleged or actual violation of these Terms, (b) your use of, or activities in connection with, the Site, (c) your Feedback or content, (d) your violation, misappropriation, or infringement of any right of another, or (e) your violation of any applicable laws or regulations.
The Terms are effective until terminated. Company may terminate or suspend your use of the Site at any time and without prior notice, including if Company believes that you have violated or acted inconsistently with the letter or spirit of the Terms. Upon any such termination or suspension, your right to use the Site will immediately cease, and Company may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. Sections which by their nature, are intended to survive shall survive any expiration or termination of the Terms.
15. Governing Law; Jurisdiction.
The Terms are governed by and shall be construed in accordance with the laws of the State of Illinois, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. You agree to exclusive jurisdiction of the federal and state courts located in Cook County, IL, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts.
16. Information or Complaints.
If you have a question or complaint regarding the Site, please send an e-mail to firstname.lastname@example.org. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
17. Copyright Infringement Claims.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send to Company a written notice by mail, e-mail or fax, requesting that Company remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details.We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
The Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company. There are no third-party beneficiaries intended under these Terms. If any provision of the Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from the Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under the Terms without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under the Terms without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. No failure or delay on the part of Company in exercising any right or remedy hereunder or enforcing the terms and conditions of the Terms will operate as a waiver thereof. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in the Terms shall be construed as if followed by the phrase “without limitation.” The Terms, including any terms and conditions incorporated herein, are the entire agreement between you and Company relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Company relating to such subject matter. Notices to you (including notices of changes to the Terms) may be made via posting to the Site or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Company will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
19. Americans with Disabilities Act
Graduat Hotels believes that the web should be open to all, regardless of sex, color, creed, or ability. That’s why this website is built to conform to the web content accessibility guidelines set out in the WCAG 2.0 + 2.1 for the purpose of making this website accessible to everyone regardless of of any disability. It is designed and built to work with assistive devices and applications like JAWS and VoiceOver.
There is no formal certification process or entity that recognizes the accessibility of websites. Those that conform to the recommendations of WCAG 2.0 + 2.1 (web content accessibility guidelines) do so as a commitment to accessibility and adhere to universally accepted standards around these principles. It does not represent a review or validation of conformance by W3C or WAI (Web Accessibility Initiative). Rather it is meant to promote accessibility on the web and indicate a claim of conformance to a specified level of WCAG.
This website was also built to comply with the most current rules of the Americans with Disabilities Act (ADA),Title III, administered by the Department of Justice in the United States.
Testing for the website is conducted with a combination of manual testing and the use of the following tools: Wave by Webaim, Koa11y, and browser color contrast checkers to ensure compliance is met in the WCAG level A or AA. Items found are flagged and passed onto a team of digital strategists, developers and editors based on the issue (be it content or a functional area of concern) to be corrected.
We rely on a proprietary methodology and development framework that delivers a Level A or AA compliance for WCAG 2.0 and 2.1. Alongside resources that are provided at the beginning of our audit process, we conduct regular checks to ensure that content updates and edits continue to the desired level of accessibility and reflects changes adopted by the WCAG.
We encourage feedback from users on how we can further improve accessibility to our website and/or any of our digital platforms by emailing us at email@example.com.
19.4 Third Party Sites
If you have any questions relating to the Terms, please contact us at:
133 N Jefferson Street, 4th Floor, Chicago, IL 60661 or firstname.lastname@example.org.