Terms of Use

These Terms of Use (the “Terms”) are applicable to: (i) your use of this website (the “Site”) and (ii) the websites of each one of the properties identified on the Site (each a “Property”) managed by VIP Hospitality Group, and/or its subsidiaries and affiliates (collectively hereinafter referred to as, “VIP Hospitality Group” or “we, us, and/or our”).

BY ACCESSING USING, VIEWING, TRANSMITTING, CACHING OR STORING THE SITE OR ANY OF THE SERVICES, FUNCTIONS OR CONTENTS AVAILABLE ON OR THROUGH THE SITE, YOU AGREE TO BE BOUND TO THESE TERMS, CONDITIONS, AND NOTICES IN THE SITE (“AGREEMENT”) WITHOUT MODIFICATION. IF YOU DO NOT AGREE, DO NOT USE THE SITE.

• Privacy:
  We respect the privacy of visitors to the Site. Please review our Privacy Policy at www.surflandhotel.com/privacy-policy.php (the “Privacy Policy”). The Privacy Policy, as amended from time to time, is incorporated into and made a part of these Terms.

• Use of Site:
  The services of the Site are available only to individuals who can form legally binding contracts under applicable law, and thus, are not available to minors. By using the Site, you represent that you are of sufficient legal age to use the Site and to create binding legal obligations for any liability you may incur as a result of the use of the Site. You also warrant that you are legally authorized to make lodging reservations for either yourself or for another person for whom you are authorized to act.You may only use the Site to make legitimate reservations on behalf of yourself or others and shall not use the Site for any other purposes, including, without limitation, to make any speculative, false or fraudulent reservations, or any reservation in anticipation of demand, or any reservation that is intended for resale.

  
  You agree not to create a hypertext link from any websites controlled by you or otherwise, to the Site without our express written permission. You agree not to pretend to be any other person or a representative of any entity, whether actual or fictitious, including an employee or agent of VIP Hospitality Group or any third party that provides services related to the Site. You agree that you will not use any robot, spider, other automatic device or manual process to monitor or copy the Site or any contents or information contained therein, unless you obtain our prior express written consent. You agree that you will not through any means interfere or attempt to interfere with the proper functioning of the Site. You agree that you will not submit: (i) any viruses, worms, time bombs, and other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information through the Site; and (ii) any content that may create liability for us, our service suppliers, or the Property Owners.

• Proprietary Rights Information:
  The Site contains and references trademarks, technologies, products, processes and/or other proprietary rights owned or controlled by the VIP Hospitality Group and others, including the Property Owners. No license or right to or in any such proprietary rights are granted to or conferred to you. Reproduction or storage of materials obtained from the Site is subject to the U.S. Copyright Act of 1976, Title 17 U.S.C. No material from the Site may be reproduced, distributed, posted, displayed, uploaded or transmitted without our written permission. The use of any material from the Site on any other internet, intranet or other sites or computer environment is prohibited. You may not utilize framing techniques to frame the Site or any VIP Hospitality Group trademark, logo, or other proprietary information (including images and text). You may not use any meta tags or any other “hidden text” utilizing our name, trademarks or other proprietary information.

• Trademarks:
  The trademarks, logos and service marks, and trade dress displayed on the Site (collectively, the “Trademarks”) are owned and controlled by VIP Hospitality Group and various third parties, including the Property Owners. Any reproduction or use of any of the Trademarks without our express written consent is prohibited. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without our written permission.

• Copyright:
  The Site, including each of its modules, is protected by copyright and is owned and controlled by us or various third parties, including the Property Owners. The Site and the content provided on the Site may not be copied, reproduced, republished, uploaded, posted, modified, transmitted or distributed without our prior written permission, except that you may download, display and print one copy of the materials presented on the Site on a single computer for your personal, noncommercial use only. Unauthorized use of the Site and the materials contained on the Site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials you download. The use of such materials on any other website or in any environment of networked computers is strictly prohibited.

• Notice and Procedure for Making Claims of Copyright Infringement:
  We respect the intellectual property rights of others. If you think that your work has been copied in a manner that constitutes copyright infringement, please provide our copyright agent with the following information:

1. a physical or electronic signature of the person authorized to act on behalf of the owner of the applicable copyright;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you that your notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner’s behalf.The VIP Hospitality Group’s copyright agent can be reached as follows:
   Garvey Schubert Barer
   1191 Second Avenue, Suite 1800
   Seattle, WA 98101
   Attn: Scott G. Warner, Esq.

• Accuracy:
  We attempt to ensure the descriptions, products and services, and other information on the Site are as accurate and complete as possible. However, we do not warrant that any information or content obtained on or through the Site is accurate, complete or error-free. We may modify the Site, in whole or in part, at any time and without prior notice.

• Property Reservations General Terms:
  In addition to the other terms and conditions specified on the Site, the following general terms and conditions apply to reservations booked on the Site:.Cancellation policies and other information about specific room reservations and properties may vary by the type of reservation and Property. Individual rate rules, tax information, applicable charges and cancellation policies are displayed in the “Rooms & Suites” section of the Site.If you plan to travel with your pet, we recommend that you confirm directly with us that we accept pets and can accommodate them during your stay, and any additional terms that may apply.

  Reservations made by one or more individuals or by an agency on the Site, on behalf of one or more proposed guests, and involving more than 8 rooms for the same period of stay, must be made directly through us. If more than 8 rooms for the same period of stay are booked through any other method, we reserve the right to cancel or impose additional requirements on such reservations.

  Requests for specific features such as bedding type or non-smoking rooms are simply that. While we will strive to honor your requests, we cannot guarantee that we can.

  Some rates have special requirements such as AAA membership or Senior Citizen proof of age at check-in. Verify that you qualify for the rate that you have booked. Properties are not obligated to honor this rate if you do not qualify.

• No Warranty:
  WE DO NOT WARRANT THAT ANY CONTENT POSTED ON OR ACCESSED THROUGH THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NEITHER WE, NOR OUR SUPPLIERS, NOR THE PROPERTY OWNERS, WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS OR USE OF THE SITE OR SERVICES OFFERED THROUGH THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, NOR DO WE MAKE ANY WARRANTY WHATSOEVER REGARDING THE QUALITY OF ANY EXPERIENCE, PRODUCTS, SERVICES, INFORMATION OR ANY OTHER MATERIAL YOU OBTAIN THROUGH OR IN CONNECTION WITH THE SITE. ALL SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.) WE MAY MODIFY, DELETE, OR SUPPLEMENT THE CONTENT ON THE SITE, IN WHOLE OR IN PART, AT ANY TIME AND WITHOUT NOTICE.

• Limitation of Liability:
  NEITHER WE, NOR OUR SUPPLIERS, NOR THE PROPERTY OWNERS, SHALL HAVE ANY LIABILITY FOR ANY LOSS OR DAMAGE WHATSOEVER, DIRECT OR INDIRECT, INCLUDING BUT NOT LIMITED TO INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA AND THE LIKE) ARISING OUT OF YOUR USE OF OR INABILITY TO USE OR ACCESS THE SITE OR ANY CONTENT PROVIDED ON THE SITE; ANY DELAY IN USE OF OR ACCESS TO THE SITE OR CONTENT PROVIDED ON THE SITE; ANY CLAIM ARISING FROM OR RELATING TO ERRORS, OMISSIONS OR INACCURACIES IN THE CONTENT PROVIDED ON OR THROUGH THE SITE; AND/OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN RELATION TO THE SITE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IT IS YOUR EXCLUSIVE RESPONSIBILITY TO EVALUATE ALL CONTENT PROVIDED ON THE SITE FOR ACCURACY, COMPLETENESS AND USEFULNESS.WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW PROVISION SET FORTH BELOW, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. THEREFORE, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

  THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL APPLY TO EVERY FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, AND SHALL SURVIVE ANY BREACH OF THE TERMS OR ANY AGREEMENT, OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THE TERMS OR AN AGREEMENT OR ANY EXCLUSIVE REMEDY. NOTWITHSTANDING ANYTHING ELSE HEREIN, IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED $50.00.

• Indemnity:
  You agree that you are personally responsible for your use of the Site and its contents, and further agree to indemnify, defend and hold harmless us, our third party service providers, and the Property Owners from and against any loss, damage, expense or liability of any kind (including attorneys’ fees and costs) resulting from your violation of any the Terms or your use of or access to the Site, your communications with us and/or your violation of the rights of any third party.

• Disputes:
  In the event that we are unable to resolve your concern, by using this Site you unconditionally agree that all claims relating to your access or use of our Site (and the Property sites), including all disputes arising out of, or related to, any products or services purchased from through any of them, will be resolved entirely through binding individual arbitration, rather than in court. You may also assert individual claims in small claims court if your claims otherwise qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.You expressly agree that any dispute is governed by the laws of the State of Oregon, USA and specifically excludes the application of the 1980 United Nations Convention on Contracts for the International Sale of Goods, if applicable.

  Note: There is no judge or jury in arbitration, no class actions, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court, including injunctive and declaratory relief or statutory damages, and must follow these Terms as a court would.

  To begin an arbitration proceeding, you may send a letter requesting arbitration and describing your claim to our registered agent: VIP Hospitality Group, Attn: Legal Department, 13635 NW Cornell Rd, Suite 100 Portland, Oregon 97229. You agree that the arbitration will be conducted by either the American Arbitration Association (“AAA”), adr.org, 1.800.778.7879, or the Judicial Arbitration and Mediation Services (“JAMS”), jamsadr.com, 1.800.352.5267. You can contact AAA or JAMS to find out more information on how to commence an arbitration proceeding. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s or JAMS’ applicable rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in a mutually agreed location.

  We each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. In addition, we both agree that we each may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

  THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA OR JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.

• Miscellaneous:
  This Site (and the Property websites) is controlled and operated from Portland, Oregon, U.S.A. Neither we, nor the Property Owners, nor any service providers make any representation that any content on the site (or the Property websites), products or services offered or accessed on or through them are appropriate or available for use in other locations. If you access the Site or a Property website from a location outside the U.S.A. you do so on your own initiative and are responsible for compliance with all applicable laws of your jurisdiction.You agree that the Terms, as they may be amended from time to time, set forth your and our entire understanding as to the subject matter of the Terms.

  Nothing contained in these Terms shall be deemed to constitute a partnership or joint venture, or constitute an employment or agency relationship, between you and us.

  If any provision of the Terms is found to be invalid or unenforceable, the remainder of the Terms shall remain in full force and effect, and all Terms shall be enforced to the fullest extent permitted by law.

  No waiver or failure of ours to assert our rights under any provision of the Terms shall be valid unless in writing and signed by an officer of VIP Hospitality Group. We may assign our rights and duties under the Terms, in whole or in part, to any party without notice to you. You may not assign your rights and duties, in whole or in part, without our prior written consent.

  All rights not expressly granted herein are reserved to us. Questions about these Terms or the Site? Please contact us at the following address: VIP Hospitality Group. 13635 NW Cornell Rd., Suite 100, Portland, OR 97229.

  GSB:8824542.8