Terms and Conditions of Use
Terms & Conditions of Use
Last updated October 9, 2019
PLEASE READ THIS DOCUMENT CAREFULLY. THIS IS A BINDING LEGAL AGREEMENT BETWEEN YOU AND STARWOOD.
C. Children. The Technology is not aimed at nor intended for children under the age of 13. If you are under the age of 13, please DO NOT USE the Technology. Starwood does not accept registration from children under the age of 13 and no one under the age of 13 may provide any information to or through any of the Sites. If you are above the age of 13 and under the age of 18, you must obtain parental consent before using any of the Technology.
D. Copyrights and Trademarks. All content and materials on the Technology, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software is the property of Starwood and/or its third party licensors and is protected by United States and international copyright laws. All trademarks, trade dress, service marks, and trade names are proprietary to Starwood. The content and materials are intended for your personal, noncommercial use. You may make one copy of the materials displayed on the Technology for your personal, noncommercial use only. No right, title or interest in any content or materials is transferred to you as a result of any such copying. You may not reproduce, republish, upload, post, transmit, modify, create derivative works from, sell or distribute in any way the content and materials on the Technology.
E. Restrictions on Use. You agree to use the Technology only for lawful purposes and to follow all applicable laws and regulations of the United States and any state in which you reside that are in effect and that may be in effect in the future when using Technology. While using the Technology, you will not:
- Violate any laws, regulations, third party rights, including intellectual property rights, or Starwood’s policies;
- Transmit any virus or pornographic, offensive, profane, insulting or harassing material or messages;
- Utilize any of the Technology to gain unauthorized access to any other systems or programs, transmit any material in violation of local, state or federal laws, or copy or download any commercial software or other materials in violation of United States copyright laws;
- Commit any vandalism, including but not limited to damaging computers, computer systems, or networks, and/or disrupting the operation of any Starwood or third party network;
- Be libelous, profane, defamatory, obscene, harmful, harassing, threatening, misleading, or discriminatory;
- Affect us adversely or reflect negatively on the Technology, Starwood, our goodwill, name or reputation;
- Modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Technology or the rights or use and enjoyment of the Technology by any other person, firm or enterprise (collectively, “Person”); or collect, obtain, compile, transmit, reproduce, delete, revise, display any material or information, whether personally identifiable or not, posted by or concerning any other Person in connection with use of the Technology, unless you have obtained the express, prior permission of such other Person;
- Delete, hack, or attempt to change or alter any content or notices;
- Use or introduce into the Technology any device, software, or routine intended to damage, bypass, modify, interfere with, erase, or permit unauthorized access to the Technology, servers, or networks, crack passwords or security encryption codes, circumvent authentication technology, or take any other action that interferes with any use of the Technology;
- Use any automatic or manual device or process to harvest or compile information for any reason;
- Copy, modify, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which the Technology is based;
- Introduce into the Technology any software routine designed to disable a computer program automatically, with the passage of time, or under the positive control of an unauthorized person;
- Use any content made available through the Technology in any manner that misappropriates any trade secret or infringes any intellectual property rights, rights of publicity, or other proprietary right of any party;
- Collect, store or use personal data about other users, or otherwise attempt to access any other person’s information; or
- Decrypt, transfer, frame, display, or translate any part of the Technology.
F. Registration and Account Information. To use certain services offered through the Technology, such as our rewards program, a User may be required to register an account. When registering an account, you will receive login credentials (a username and password) and will be able to provide personal information such as your name, address and email address (“Registered Account”). As a registered User, you are required to maintain the confidentiality of your login credentials and you are responsible for all activities that occur under your Registered Account. Should you become aware of or suspect any unauthorized use(s) of your Registered Account, you must immediately notify Starwood. You will ensure that you exit from your Registered Account at the end of each session when accessing the additional services.
G. Campaigns, Promotions, Contests and Sweepstakes. Starwood may, from time to time, sponsor particular campaigns, promotions, contests or sweepstakes via a variety of entry methods (collectively the “Starwood Promotions”). In order to participate in any Starwood Promotion, you must first agree to any separate official rules and regulations provided in connection with such Starwood Promotion. Starwood Promotions that involve mobile device or text message methods of entry are administered by a third party Mallfinder Network LLC d/b/a PlaceWise Media (“Administrator”). By participating in any Starwood Promotion via mobile device or text message, you must separately agree to the Administrator’s Mobile Terms and Conditions, available at https://starwoodretail.com/files/starwood_sms_terms.pdf, as well as all other official rules and regulations provided by Starwood.
H. Mobile Devices. Your contract with Your mobile network provider (“Mobile Provider”) will continue to apply when accessing or using the Technology on Your mobile device (“Mobile Device”). You understand that Your Mobile Provider may charge You fees for Your use of its network while accessing or using the Technology, for data downloading, email, text messages, for roaming, and other Mobile Provider or third party charges, and that YOU ARE SOLELY RESPONSIBLE FOR SUCH FEES AND CHARGES. You understand that the Technology is provided over the internet and mobile networks, so the quality and availability of the Technology may be affected by factors outside our control. We do not guarantee that the Technology will be compatible or operate with Your Mobile Provider’s service plans, with any particular mobile device, or other piece of hardware, software, equipment, or device You install on or use with Your Mobile Device. We are not responsible if the Technology is unavailable or if You cannot download or access the Technology, for any compatibility or interoperability issues, or for any communication system failure which may result in the Technology being unavailable. You will not:
- install, use or permit the Technology to exist on more than one Mobile Device at a time, or on any other Mobile Device or computer, other than by means of separate downloads of the Starwood sponsored mobile applications (“Apps”), each of which is subject to a separate license;
- distribute or link the Technology to multiple Mobile Devices or other services; or
- make the Technology available over a network or other environment permitting access or use by multiple Mobile Devices or users at the same time.
I. By providing the phone number for your Mobile Device to participate in our texting programs, you agree to receive multiple texts from an automated system as well as recurring text messages from Starwood and third parties providing Starwood Promotions, and you may receive ongoing marketing text messages, monthly offers, alerts and other recurring messages from an automated system (up to six (6) per month). Starwood’s texting programs are administered by Mallfinder Network LLC d/b/a Placewise Media. By participating in any Starwood texting program, you are agreeing to Administrator’s Mobile Terms and Conditions, available at https://starwoodretail.com/files/starwood_sms_terms.pdf.
By participating in a mobile campaign, you agree that you are the primary owner of the phone number used to subscribe. Message and Data Rates May Apply. Messages sent from automated system. Consent not required for purchase. You may unsubscribe from a program at any time by texting STOP to 55800. For additional help, you can text HELP to 55800, or call 303-296-2413. Although frequency varies by program, you should receive no more than 100 messages per month per program. You may not be able to participate in our texting programs through all wireless carriers. Supported carriers include; ACS Wireless, AIO Wireless, ALLTEL, AT&T, Bluegrass Cellular, Boost, Carolina West Wireless, Cellcom, Cellular One, Cellular One of East Central Illinois, Cellular South, Chat Mobility, Cincinnati Bell, Cricket, ECIT, Element Wireless, GCI, Golden State Cellular, Illinois Valley, Immix Wireless, Inland Cellular, iWireless, LongLines Wireless, MetroPCS, Nex-Tech, Northwest Missouri Cellular, NTelos, Plateau Wireless, PTCI, Sprint, T-Mobile, Thumb Cellular, U.S. Cellular, Verizon Wireless, Virgin Mobile USA, West Central Wireless and other carriers that may be added from time to time. Service may not be compatible with all handsets.
For any Technology accessed through or downloaded from a third party, such as the Apple application Store or other mobile application provider (“App Provider”), You acknowledge and agree that any terms to which You agree with the App Provider are between You and the App Provider, and Starwood is not a party to any such terms. STARWOOD DISCLAIMS ANY LIABILITY FOR THE ACTIONS OF ANY APP PROVIDER.
Starwood may offer functionality in the Apps in which You may store Your log-in credentials on Your Mobile Devices, so that You can be automatically logged in each time You access the Technology. If someone else obtains access to Your Mobile Device (e.g., through theft), the automatic log-in feature will enable that person to have access to Your account. Therefore, in the event Your Mobile Device is lost or stolen, it is Your responsibility to contact Your Mobile Provider immediately to prevent the unauthorized use of the Apps and Technology. YOU ACCEPT RESPONSIBILITY FOR ANY STARWOOD DAMAGES RESULTING FROM SUCH UNAUTHORIZED ACCESS TO THE TECHNOLOGY.
Starwood or third parties may provide links to other websites or resources on the Internet through the Technology. Starwood has no control over such websites or resources. As such, you agree that we are not responsible for the availability of other external websites or resources and are not responsible for any content, advertising, products, or materials on or available from such websites or resources. You access the other linked websites and resources at your own risk.
We welcome your comments and feedback regarding our Technology. We do not, however, accept confidential or proprietary information. All comments, feedback, suggestions, ideas, materials, information and other submissions (e.g., postings to chat, boards, or contests), disclosed, submitted or offered to Starwood using the Technology or otherwise (collectively, “Submissions”) are not confidential and will become and remain our property. Starwood shall not be liable for any use or disclosure of any Submissions. The disclosure of Submissions will constitute an assignment to Starwood of all rights, title and interest and goodwill in the Submissions without compensation to the provider of Submissions. Submissions by you must not violate any right of any third party, and not contain any libelous, abusive, obscene or otherwise unlawful material.
THE TECHNOLOGY IS PROVIDED BY STARWOOD ON AN “AS IS” AND “AS AVAILABLE” BASIS. STARWOOD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, STARWOOD EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOUR USE OF THE TECHNOLOGY IS AT YOUR SOLE RISK. STARWOOD IS NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS, OR INCORRECT INFORMATION POSTED ON THE TECHNOLOGY OR RESULTS OF YOUR USE OF THE INFORMATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
STARWOOD USES REASONABLE EFFORTS TO MAINTAIN ITS TECHNOLOGY BUT STARWOOD IS NOT RESPONSIBLE FOR ANY DEFECTS OR FAILURES ASSOCIATED WITH ANY OF THE TECHNOLOGY, ANY PART THEREOF, ANY CONTENT POSTED USING THE TECHNOLOGY, OR ANY DAMAGES (SUCH AS LOST PROFITS OR OTHER CONSEQUENTIAL DAMAGES) THAT MAY RESULT FROM ANY SUCH DEFECTS OR FAILURES. THE TECHNOLOGY MAY BE INACCESSIBLE OR INOPERABLE FOR ANY REASON, INCLUDING WITHOUT LIMITATION: (A) EQUIPMENT MALFUNCTIONS; (B) PERIODIC MAINTENANCE PROCEDURES OR REPAIRS; OR (C) CAUSES BEYOND THE CONTROL OF STARWOOD OR WHICH ARE NOT FORESEEABLE BY STARWOOD.
NEITHER STARWOOD NOR ITS AFFILIATES SHALL BE LIABLE TO YOU FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THE TECHNOLOGY OR ANY INFORMATION OR MATERIALS PROVIDED ON THE TECHNOLOGY. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Unless otherwise specified, the materials in and/or on the Technology are presented solely for the purpose of promoting Services or programs that are available in the United States. In accessing the Site, you are responsible for compliance with local laws, if and to the extent local laws are applicable. Certain software or other materials that you may obtain through the Technology may be further subject to export controls. You will comply with all applicable export and re-export restrictions, laws, and regulation and you will not transfer, encourage, assist, or authorize the transfer of any software or materials to a prohibited country or otherwise in violation of any restriction, law or regulation.
If you believe that the Technology contains elements that infringe your copyrights, please provide Starwood’s designated copyright agent with the following information in writing:
- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Starwood Retail Partners
1 East Wacker, Suite 3600,
Chicago, Illinois 60601
Attn: General Counsel
For additional information regarding this procedure, please reference 17 U.S.C. 512.
B. Limitation on Time to File. IF YOU DO NOT FILE A DEMAND TO ARBITRATE A DISPUTE WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
E. Conflict. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the code of procedure established by the AAA, the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
- Severability. If a particular term or condition is deemed not enforceable, invalid or void, that term or condition shall be deemed servable and not affect the validity and enforceability of any remaining terms or conditions.