Terms of Use / Disclaimer

MERIDIAN HOSPITALITY GROUP (MHG), LLC TERMS OF USE

DISCLAIMER: THE MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL MHG OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF MHG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. MHG and its suppliers further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. MHG may make changes to these materials, or to the products described therein, at any time without notice. MHG makes no commitment to update the Materials.

USER SITE ACCESS AGREEMENT
THIS SITE ACCESS AGREEMENT (this “Agreement”) sets out terms and conditions under which you (“User”) may obtain access to the Trammell Crow Company website (the “Site”).

INTRODUCTION

Meridian Hospitality Group, LLC, an Ohio limited liability company owns and operates the Site, a proprietary site through which various information services (“Services”) may be offered.

As a condition of User’s access to the Site, and in consideration of the mutual covenants and agreements set out below, Meridian Hospitality Group and User hereby agree as follows:

  1. Introduction
    1. These terms and conditions shall govern your use of our website.
    2. By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
    3. Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.
  2. Copyright notice
    1. Subject to the express provisions of these terms and conditions:
      1. we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
      2. all the copyright and other intellectual property rights in our website and the material on our website are reserved.
  3. License to use website
    1. You may:
      1. view pages from our website in a web browser;
      2. download pages and/or images from our website for caching in a web browser;
      3. print pages and images from our website with the permission of Meridian Hospitality Group, LLC;

      subject to the other provisions of these terms and conditions.

    2. Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
    3. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
    4. Unless you own or control the relevant rights in the material, you must not:
      1. republish material from our website (including republication on another website);
      2. sell, rent or sub-license material from our website;
      3. show any material from our website in public;
      4. exploit material from our website for a commercial purpose; or
      5. redistribute material from our website.
    5. Notwithstanding Section 3.4, you may redistribute our news & articles in print and electronic form to any person.
    6. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
  4. Acceptable use
    1. You must not:
      1. use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
      2. use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
      3. use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
      4. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
      5. access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
      6. violate the directives set out in the robots.txt file for our website; or
      7. use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
    2. You must not use data collected from our website to contact individuals, companies or other persons or entities.
  5. Limited warranties
    1. We do not warrant or represent:
      1. the completeness or accuracy of the information published on our website;
      2. that the material on the website is up to date; or
      3. that the website or any service on the website will remain available.
    2. We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
    3. To the maximum extent permitted by applicable law and subject to Section 5.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
  6. Limitations and exclusions of liability
    1. Nothing in these terms and conditions will:
      1. limit or exclude any liability for death or personal injury resulting from negligence;
      2. limit or exclude any liability for fraud or fraudulent misrepresentation;
      3. limit any liabilities in any way that is not permitted under applicable law; or
      4. exclude any liabilities that may not be excluded under applicable law.
    2. The limitations and exclusions of liability set out in this Section 6 and elsewhere in these terms and conditions:
      1. are subject to Section 6.1; and
      2. govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
  7. Variation
    1. We may revise these terms and conditions from time to time.
  8. Assignment
    1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
    2. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
  9. Severability
    1. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
    2. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
  10. Third party rights
    1. A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
    2. The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
  11. Entire agreement
    1. Subject to Section 6.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
  12. Law and jurisdiction
    1. These terms and conditions shall be governed by and construed in accordance with United States law.
    2. Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of the United States.