By accessing the Website, You affirm that You are at least eighteen (18) years of age or older, an emancipated minor, or are accessing the Website with the permission of Your parent or guardian and are fully able and competent to enter into, abide by and comply with these Terms.
To the extent You have any questions about or complaints concerning these Terms, please contact XHR at firstname.lastname@example.org.
1. Changes to these Terms. XHR reserves the right in its discretion, to change, add or remove portions of these Terms at any time and for any reason. If XHR changes these terms, it will post the revised document here, and such changes will be effective immediately. Accordingly, You should periodically review these Terms when accessing or using the Website. Each use of the Website constitutes Your agreement to be bound by and comply with the then-current Terms. If at any time You no longer agree to be bound by or comply with these Terms, then You should stop accessing and using the Website.
2. Content and Intellectual Property. The Website and all content available on the Website, including, but not limited to, any text, photographs, graphics, button icons, images, audio clips, videos, personal testimonials and articles and all underlying software or technology used in connection with the Website, including all related intellectual property rights (collectively, the “Content”), is and remains at all times the property of XHR, its affiliates, partners or licensors. Nothing in these Terms shall be interpreted as granting You any intellectual property rights, other than the license expressly granted in Section 3. If You would like to use any of XHR’s Content beyond such limited license, You must first obtain permission from XHR. Please send any requests for permission to email@example.com. XHR reserves the right to refuse permission for any reason.
In addition, any trademarks, trade names, logos and service marks displayed on the Website (collectively, the “Marks”) are the registered and unregistered Marks of XHR or its affiliates, partners or licensors, and are protected by United States and international trademark laws. All other Marks not owned by XHR, its affiliates, partners or licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by XHR.
Except as expressly permitted in Section 3 below, or as required under applicable law, neither the Content, the Marks, nor any other portion of the Website may be used, reproduced, downloaded or stored (except for caching or as necessary to view content), duplicated, copied, distributed, transmitted, performed, published, licensed, sold, resold, accessed, modified, used to create derivative works or otherwise exploited, in full or in part, for any purpose without XHR’s prior written consent. No act of downloading or otherwise copying from the Website, even with XHR’s permission, will transfer title to any Content or Marks to You. XHR hereby expressly reserve all rights not expressly granted in and to the Website, its Content or Marks.
3. License to Use. XHR grants You a limited, nonexclusive, revocable license to access and use the Website and its Content for Your own personal purposes. XHR also authorizes You to print a copy of the Content for Your own personal use, provided that You include any copyright notices that are contained in the Content. Any other use of the Website or the Content requires the express written permission of XHR.
4. Third Party Links. For Your convenience, XHR may provide on the Website links to websites of other persons or entities. XHR is not responsible for the content of any third party websites to which the Website is linked to, including any social network websites such as Twitter or Facebook that XHR may use to promote its activities. Links appearing on the Website are for convenience only and are not an endorsement by XHR, its affiliates or partners, of the referenced content, product, service, or supplier. Your linking to any third party websites is at Your own risk. XHR is in no way responsible for examining or evaluating, and does not warrant the offerings of, third party websites linked to or from the Website, nor does XHR assume any responsibility or liability for the actions, content, products, or services of such websites including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all third party websites that You visit.
5. General Disclaimers. All or a portion of this Website may be temporarily unavailable from time to time for maintenance or other reasons. XHR assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, or communications line failure with respect to the Website. XHR is also not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email due to technical problems or traffic congestion on the internet or at any Website or combination thereof, including injury or damage to any person’s computer or other hardware or software, related to or resulting from using or downloading materials in connection with the internet and/or in connection with the Website.
Although XHR will make reasonable efforts to store and preserve the material residing on the Website, it is not responsible or liable in any way for the failure to store, preserve or access any materials on the Website.
XHR attempts to be as accurate as possible on the Website; however, to the full extent permitted by applicable law, it makes no representations or warranties that the Website or the Content are accurate, complete, reliable, current or error-free, and it expressly disclaims any and all liability for errors or omissions to the Website, the Content or other such information. Any Content or information on the Website is subject to change without notice.
YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND YOU ACKNOWLEDGE THAT THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, XHR AND ANY OF ITS EMPLOYEES, AGENTS, VOLUNTEERS, SHAREHOLDERS OR SPONSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. FOR THE SAKE OF CLARITY, XHR DOES NOT WARRANT OR COVENANT: (a) THAT THE WEBSITE WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION; (b) THAT THE WEBSITE WILL BE SECURE OR ERROR-FREE; (c) THAT DEFECTS WILL BE CORRECTED; OR (d) THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.
6. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER XHR, NOR ANY OF ITS EMPLOYEES, AGENTS, VOLUNTEERS, SHAREHOLDERS OR SPONSORS, WILL BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, ACTUAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOSS OF PROFITS), UNDER ANY LEGAL THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THIS WEBSITE AND/OR ANY LINKED SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE OR CONTENT OR ANY LINKED SITE IS TO STOP USING THIS WEBSITE, THE CONTENT, OR LINKED SITE, AS APPLICABLE. YOU ACKNOWLEDGE THAT YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM INLAND AMERICAN AND EACH OF ITS EMPLOYEES, AGENTS, VOLUNTEERS, SHAREHOLDERS AND SPONSORS, REGARDLESS OF THE CAUSE OF ACTION.
7. Indemnification. You agree to indemnify, defend and hold XHR and its employees, agents, volunteers, shareholders and sponsors harmless from and against any and all losses, liabilities, claims, demands, damages, costs and expenses, including reasonable attorneys’ fees, whether or not arising out of third party claims, and arising out of or in connection with: (a) Your use or misuse of the Website or the Content, or any portion thereof; (b) Your violation of these Terms; or (c) Your violation of any law or the rights of any third party in connection with your conduct related to this Website, including but not limited to intellectual property rights of third parties.
XHR shall provide written notice to You of any such claim, action or demand; however, XHR’s failure to provide such notice shall not relieve You of any liability you may have to XHR. Notwithstanding anything to the contrary, XHR may defend or settle any such claim, action or demand with counsel of its own choosing without Your participation and at your expense, if You fail to defend or inadequately defend against any such claim, action or demand. The foregoing defense and indemnification obligation will survive the termination or expiration of these Terms and Your use of the Website.
8. Release. To the maximum extent permitted, You hereby release and waive all claims against XHR and its employees, agents, volunteers, shareholders and sponsors from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising out of or in any way connected with Your use of the Website.
9. Termination. XHR reserves the right in its sole discretion to refuse, suspend, or terminate Your access to the Website, or any portion thereof, without notice to You and for any or no reason. You acknowledge that XHR has the right to suspend or terminate Your access to all or part of the Website without prior notice (a) at the request of law enforcement or other government agencies; (b) if the Website is discontinued or materially modified; (c) upon the occurrence of any technical or security issues or problems; (d) if You engage in any conduct that XHR believes in its sole discretion violates any provision of the Terms or other incorporated agreements or guidelines or violates the rights of XHR or third parties; or (e) upon any breach by You of these Terms.
10. Miscellaneous. If any provision of these Terms is found to be invalid, unlawful, void or unenforceable, then that provision shall be deemed severable from these Terms, and the remaining provisions of these Terms shall continue to be valid and enforceable.
These Terms represent the entire agreement between You and XHR relating to Your right to access and use this Website, and supersede any and all prior or written or oral agreements between You and XHR with respect to such subject matter.
No waiver by XHR of any breach or default by You under these Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the Terms must be filed within one (1) year after such claim or cause of action arose or will be forever barred.
11. Governing Law. These Terms will be construed and enforced in accordance with the laws of the State of Florida, without regard to any conflict of law principles thereof that might lead to the application of the laws of another jurisdiction. You hereby irrevocably consent to the exclusive personal jurisdiction of, and venue in, the federal and state courts located in Orange County, Orlando in the State of Florida, with respect to any disputes arising out of or relating to Your use of the Website, and You hereby irrevocably waive all defense of lack of personal jurisdiction and forum non-conveniens.