Terms of Use – IHG Connect

PLEASE CAREFULLY READ THESE TERMS OF USE (“TERMS”) WHICH GOVERN YOUR USE OF THE IHG CONNECT WI-FI (IHG CONNECT) OPERATED BY SIX CONTINENTS HOTELS, INC., AN INTERCONTINENTAL HOTELS GROUP COMPANY (“IHG”) AND/OR AN IHG AFFILIATE OR FRANCHISEE (THE “OPERATOR”). BY CLICKING YOUR ACCEPTANCE, OR BY ACCESSING OR USING IHG CONNECT, YOU AGREE (I) TO COMPLY WITH THESE TERMS THAT CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE OPERATOR; AND (II)THAT YOU ARE CURRENTLY A GUEST OF THE OPERATOR OR HAVE BEEN EXPRESSLY PERMITTED BY THE OPERATOR TO USE IHG CONNECT; IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR OTHERWISE USE IHG CONNECT.

IHG CONNECT IS PROVIDED TO GUESTS OF THE OPERATOR AND OTHER INDIVIDUALS EXPRESSLY PERMITTED BY THE OPERATOR TO USE IHG CONNECT. IHG CONNECT IS PROVIDED SUBJECT TO THE TERMS DETAILED BELOW (“TERMS”) AND IHG’S PRIVACY POLICY.

Acknowledgement of eligibility

By accessing IHG Connect , you represent, acknowledge and agree that (i) you have legal capacity to enter into these Terms (i.e. that you are of sufficient age and mental capacity, or are otherwise entitled to be legally bound in contract), (ii) that you are responsible for the activity and conduct of anyone that you permit to use IHG Connect, (iii) you are at least 18 years of age or, if you are under 18 years of age (a “Minor”), that you have received your parent’s or legal guardian’s permission to use IHG Connect, and agree to these Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms, supervise the Minor’s use of IHG Connect, and fully indemnify and hold IHG harmless if the Minor breaches any of these Terms. In its sole discretion, IHG may require proof that you meet these conditions in connection with your use of IHG Connect. Failure to comply with these conditions will result in the revocation of your right to use IHG Connect.

In consideration of your use and access to IHG Connect and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), you agree that this Agreement is for the joint and several benefit of each Operator and IHG and all of their affiliates, franchisees and any of their respective service providers, and IHG and each Operator as the case may be shall have the right to enforce the terms of this Agreement.

IHG reserves the right, in its sole discretion, to modify or change these Terms at any time by posting the changes on or within IHG Connect. Your continued use of IHG Connect following the posting of such changes constitutes your acceptance of the revised Terms. IHG will use reasonable commercial efforts to provide notice of material changes to you as further described in the “Notice” section of these Terms, including by contacting you at any email address you have provided to IHG. If the modified Terms are not acceptable to you, you should discontinue your use of IHG Connect.

IHG will use commercially reasonable efforts to provide access to IHG Connect to you, however you acknowledge that IHG cannot guarantee that wireless access will be available at all locations, all of the time or that access will be at any particular bandwidth rate. You agree that IHG may change any part of IHG Connect, including its content, at any time or discontinue IHG Connect or any part thereof, for any reason, without notice to you and without liability.

Access

When accessing IHG Connect, acceptance of these Terms will be required at the beginning of each session, the beginning of your stay in a new IHG hotel or alternatively by a one-time acceptance of these Terms. In locations where one-time acceptance is available to you, these Terms shall apply in full every time you access IHG Connect, whether or not you are required to subsequently indicate acceptance of these Terms. If you access IHG Connect by means of a one-time acceptance of these Terms are modified, you will be required to indicate acceptance of the modified terms before further access to IHG Connect is granted. There may be time limits associated with access to IHG Connect is available in certain locations and/or with certain devices. IHG Connect is provided exclusively for the benefit of guests of the Operator and other individuals expressly permitted by the Operator and whilst IHG hopes to be able to provide uninterrupted access it shall be under no obligation to do so. Unless otherwise noted, there are no fees charged by IHG to use IHG Connect, however there may be data usage or other like fees owed by you to your mobile service provider.

IHG Connect is intended for individuals 13 years of age or older; if you are between 13 and 18, please use IHG Connect with the permission of a parent or guardian.

Monitoring

IHG, THE OPERATOR AND THIRD PARTY SERVICE PROVIDERS (IF ANY) OF IHG CONNECT RESERVE THE RIGHT TO MONITOR YOUR COMMUNICATIONS AND ACTIVITIES VIA IHG CONNECT (INCLUDING THEIR CONTENT) AND TO DISCLOSE ANY INFORMATION AS NECESSARY TO: (A) SATISFY ANY LAW, REGULATION OR OTHER GOVERNMENTAL REQUEST OR TO ASSIST IN THE PURSUIT OF ANY LEGAL ACTION AGAINST YOU OR OTHER END USERS; (B) ADMINISTER IHG CONNECT AND PROVIDE SERVICE FUNCTIONALITY, (C) ANALYZE USAGE ; AND/OR (D) TO ENSURE OR ENFORCE COMPLIANCE WITH THESE TERMS. IHG, THE OPERATOR AND THIRD PARTY SERVICE PROVIDERS ALSO RESERVE THE RIGHT TO MONITOR, DELETE AND/OR REFUSE TO TRANSMIT, MOVE, OR EDIT ANY MATERIAL OR INFORMATION, IN WHOLE OR IN PART, WITHOUT NOTICE TO YOU, THAT IS CONTRARY TO THE ACCEPTABLE USE POLICY OF THESE TERMS, OR THAT IT DEEMS IN ITS SOLE DISCRETION, UNACCEPTABLE, UNDESIRABLE OR IN VIOLATION OF ANY LAW. YOU ACKNOWLEDGE THAT IHG, THE OPERATOR AND/OR THE THIRD PARTY PROVIDER MAY (BUT ARE NOT REQUIRED TO) MONITOR YOUR COMMUNICATIONS AND ACTIVITIES VIA IHG CONNECT (INCLUDING CONTENT) FOR THE PURPOSES SET OUT ABOVE, DURING TRANSMISSION, AND IN CONNECTION WITH ACCESSING AND THE USE OF IHG CONNECT, INCLUDING WITHOUT LIMITATION INFORMATION ABOUT DEVICES THROUGH WHICH YOU ACCESS IHG CONNECT (INCLUDING WITHOUT LIMITATION DEVICE TYPE AND DEVICE MEDIA ACCESS CONTROL IDENTIFICATION INFORMATION), USAGE TIMES AND VOLUME. WHILE GENERALLY THIS INFORMATION IS ANONYMOUS AND/OR AGGREGATED, THIS INFORMATION MAY BE ASSOCIATED WITH YOUR IHG REWARDS CLUB NUMBER AND/OR OTHER IHG SERVICE ACCOUNT INFORMATION OR PERSISTENT IDENTIFIERS. SEE THE APPLICABLE PRIVACY STATEMENT. AND IHG REWARDS CLUB PROGRAM TERMS https://www.ihg.com/hotels/us/en/global/customer_care/member-tc] FOR MORE INFORMATION ON HOW THAT INFORMATION WILL BE USED. IF YOU HAVE ANY CONCERNS ABOUT THE ABOVE MONITORING ACTIVITY, YOU ARE FREE TO TERMINATE IHG CONNECT.

Privacy and Security

YOU ARE RESPONSIBLE FOR YOUR SECURITY AND PRIVACY. Although privacy and security are important to IHG, you understand and agree that you shall have no expectation of privacy or security in your use of IHG Connect. There are privacy and security risks associated with wireless communications and the internet in general and you acknowledge that IHG, the Operator and the third party provider of IHG Connect make no assurances that your communications, or activities while using IHG Connects, or your use of any information or data obtained by you by accessing IHG Connect will be (or will remain) private or secure, and you further agree that IHG, the Operator and the third party provider assume no responsibility in that regard. You agree that you, and not IHG, the Operator and the third party provider, are solely responsible for your own privacy and security in using IHG Connect, the accuracy or completeness of any information or data obtained by you via IHG Connect, and for implementing any protections you deem to be appropriate to protect and secure your privacy, and your activities, hardware, software and systems. You are responsible for maintaining the confidentiality of, and you are responsible for all activities that occur under, your account(s), username(s) and password(s).

IHG analyze some of your use of IHG Connect, if you provide your contact information, we may personalize our offers to you based on your web usage. Please review our privacy policy. to understand what data we collect and how we use it. We also detect wireless signals from smartphones and other devices to measure traffic patterns in our hotels.

IHG will only use any personal information that you provide in connection with your use of IHG Connect in accordance with the terms of the IHG Privacy Statement (“Privacy Statement”). By accessing or using IHG Connect, you consent to the collection, use and storage of your information as outlined in the Privacy Statement. Questions regarding privacy issues should be directed to our customer service by email at: privacyoffice@ihg.com

License

To use IHG Connect you must have a computer, laptop, or other device (“device”) that is compatible with IHG Connect. IHG does not warrant that IHG Connect will be compatible with your device. If you decide to use IHG Connect, subject to your agreement and compliance with these Terms and the Privacy Statement, IHG hereby grants you a non-exclusive, non-transferable, revocable, limited scope license to access and use IHG Connect on your devices owned or leased solely by you solely while you are a guest of IHG or an Operator hotel or property. Use of IHG Connect shall be solely for your own, private, non-commercial purposes and for no other purpose whatsoever. If IHG Connect or any part thereof is determined to be illegal under the laws of the jurisdiction in which you are situated, you shall not be granted any license to use IHG Connect or any other part of IHG Connect, and must refrain from using it.

You acknowledge that IHG may from time to time issue upgraded versions of IHG Connect, and may automatically electronically upgrade the version of IHG Connect that you are using on your device, but that IHG has no obligation to do so. The foregoing license grant is not a sale of IHG Connect or any copy thereof, and IHG and its third party licensors or suppliers retain all right, title, and interest in and to IHG Connect (including any copy of IHG Connect). Standard carrier data charges may apply to your use of IHG Connect and you are responsible for the internet connection and/or mobile charges that you may incur while using IHG Connect.

Acceptable Use

You may not: (i) modify, disassemble, decompile or reverse engineer IHG Connect; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer IHG Connect to any third party or use any part of IHG Connect to provide time sharing or similar services for any third party; (iii) make any copies of IHG Connect; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of IHG Connect, features that prevent or restrict use or copying of any content accessible through IHG Connect, or features that enforce limitations on use of IHG Connect; or (v) delete the copyright and other proprietary rights notices on any part of IHG Connect.

You agree that you are solely and fully responsible for your activities while using IHG Connect (including for any content, information and other materials you access or transmit via IHG Connect), and that you shall bear all risks regarding use of IHG Connect. You agree not to use IHG Connect to engage in any unlawful, infringing, tortious, fraudulent, harmful or unauthorized activity, including without limitation :

1. Use IHG Connect if you are located in a country embargoed by the United States, the United Kingdom, the European Union or the United Nations, or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals or similar list;
2. Use IHG Connect for any high volume or commercial purpose or for the benefit of any third party or in a manner not permitted by these Terms,;
3. Attempt to probe, scan, or test the vulnerability of any IHG system or network or breach any security or authentication measures;
4. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by IHG or any of our providers or any other third party (including another user) to protect IHG Connect or any part thereof;
5. Attempt to use IHG Connect on or through any platform or service that is not authorized by IHG;
6. Post, upload, publish, submit, provide access to or transmit any communication or user content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
7. Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of IHG Connect or the mobile devices of other users of IHG Connect;
8. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
9. Obtain or attempt to obtain passwords or other private information from other users of IHG Connect, including but not limited to, personally identifiable information or financial information;
10. Violate any applicable law or regulation;
11. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing IHG Connect; or
12. Encourage or enable any other individual or group to do any of the foregoing.

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The Internet contains a variety of materials and information that may be offensive to you. You agree that you assume full responsibility and risk of use of IHG Connects and the internet, and that you are solely responsible for evaluating the suitability, appropriateness or legality of any informational content or other materials you may encounter online. IHG may, but need not, provide screening of certain materials. Software products that enable screening of particular materials and information are commercially available and widely advertised in public media, including on the internet.

You represent and warrant that you have full right and authority to use IHG Connect and to be bound by these Terms. You agree that you will comply fully with all applicable laws, regulations, statutes, ordinances, and the Terms herein. You undertake that you shall not defraud, or attempt to defraud, IHG or other users, and that you shall not act in bad faith in your use of IHG Connect. If IHG determines that you do act in bad faith in violation of these Terms, or if IHG determines that your actions fall outside of reasonable community standards, IHG may, at its sole discretion, terminate your right to use IHG Connect.

Termination

IHG may terminate or suspend your access to IHG Connect (including, but not limited to, restricting your ability to use IHG Connect) at any time, including for breach of these Terms or otherwise, without notice and without liability to you. Upon any such termination, you must cease your use of IHG Connect and remove IHG Connect from your mobile device. You may discontinue your use of IHG Connect at any time by removing IHG Connect from your mobile device.

Feedback

IHG welcomes and encourages your feedback, comments and suggestions for improvements to IHG Connect (“Feedback”). You may submit Feedback by emailing us at digital_guest_experience@ihg.onmicrosoft.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of IHG and you hereby irrevocably assign to IHG and agree to irrevocably assign to IHG all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, trademark, moral rights and other proprietary or intellectual property rights therein. At IHG’s request and expense, you will execute documents and take such further acts as IHG may reasonably request to assist IHG to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Intellectual Property Ownership

IHG Connect and all content thereon or therein are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, IHG and its affiliates, subsidiaries and/or licensors exclusively own all right, title and interest in and to IHG Connect and all content thereon or therein, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying IHG Connect. You agree that you shall not:

1. Modify, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide IHG Connect without IHG’s explicit, prior written permission;
2. Use, display, mirror or frame IHG Connect, or any individual element within IHG Connect;
3. Use the intellectual property of IHG, or any IHG licensor, to adapt, modify or create derivative works based on such intellectual property; or
4. Use or reproduce any IHG licensor, or third party trademark or logo without the prior express written consent of the owner of such trademark or logo.

Copyright and Trademark Notices

All contents of IHG Connect are the copyrighted property of one of the IHG companies, or their subsidiaries, affiliates, or an IHG licensor, as applicable. All contents of IHG Connect are protected by United States and international copyright laws.

InterContinental Hotels Group is a trade name describing the subsidiary companies of InterContinental Hotels Group PLC involved in the hotel business around the world. In the U.S. and Canada, Holiday Hospitality Franchising, Inc. is the franchisor/licensor of most IHG brand names and marks. Trademarks owned by an IHG company may not be used or displayed publicly without the prior written permission of the owner of the marks, except for downloaded logos and photographs as provided for elsewhere on this site. Any rights not expressly granted herein are reserved.

The following are some of IHG Connect marks owned by Six Continents Hotels, Inc., its parent, subsidiaries, or affiliates, all members of the InterContinental Hotels Group: IHG®, InterContinental®, Crowne Plaza®, Holiday Inn®, Holiday Inn Express®, Express by Holiday Inn™, Holiday Inn Select®, Holiday Inn SunSpree®, Holiday Inn Resorts™, Holiday Inn Family Suites Resort®, Nickelodeon® Family Suites by Holiday Inn®, Holidome®, Staybridge Suites®, Staybridge™, Hotel Indigo®, Forum®, Parkroyal®, Centra®, IHG® Rewards Club, Six Continents Club®, The Place to Meet®, Meeting Options™, Business Options™, Leisure Options™, Weekend Options™, Meeting Success™, More Is Better®, Kidsuites®, Best-4-Breakfast®, BridgeMart™, Holidex®, Stay With Someone You Know®, Great Rates™, Best Breaks™, Heart to Heart™, Morning Matters®, KEM’S®, Golden Bean®, Stay Smart®, Express Start™, Smart Roast Coffee™, Sleep Advantage® Make It Your Place®, Book With Confidence®, Designs of Hope®, Candlewood®, Candlewood Suites®, Candlewood Cupboard®, Candlewood Cares®, Our Place.Your Space®, www.candlewoodsuites.com®, Consider Us Home®, Business Choice®, Dive-Inn Movies™, e-host™, DEALSONHOTELS.COM™, Curl Up.®, Get Comfortable®, Room For Hope®, Go Discover®, Look Again®, Imagine The Smiles®, MyPriorities®, Kimpton®, Kimpton Hotels®.

Copyright Policy

IHG respects the copyright rights of others and has adopted and implemented a policy that provides for (a) the removal of content from IHG Connect under appropriate circumstances, and (b) the suspension or termination of users, account holders or subscribers who repeatedly infringe the copyright rights of others. If you are a copyright owner and you believe your work has been copied in a way that constitutes copyright infringement, please contact IHG’s designated Copyright Agent, as hereafter defined, and provide the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right of copyright that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed or, if 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 information reasonably sufficient to permit us to locate the material;Information reasonably sufficient to permit us to contact the complaining party (for example, the complaining party’s physical address, email address, and telephone number);A statement that the complaining party has a good faith belief that use of the material is unauthorized; and,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

Notifications of claimed infringement should be directed to the IHG Copyright Agent as follows:

Copyright Agent
Six Continents Hotels, Inc.
Three Ravinia Drive
Suite 100
Atlanta, GA 30346-2149

Email: amerglobaltrademarkadministration@ihg.com
Phone: 770.604.8760
Fax: 770.604.2378

Updates to IHG Connect and Maintenance;

You acknowledge and agree that IHG may update IHG Connect or any part thereof with or without notifying you. IHG may require that you accept updates to IHG Connect and you may also need to update third party software from time to time in order to receive IHG Connect. A portion, or sometimes all, of the features of IHG Connect will not be available during maintenance periods. All problems encountered during the use of IHG Connect can be reported to IHG when the problem is encountered at digital_guest_experience@ihg.onmicrosoft.com

Disclaimer of Warranties

SUBJECT TO THIS PARAGRAPH, IHG CONNECT (INCLUDING IHG CONNECT) AND ALL CONTENT THEREON OR THEREIN ARE PROVIDED “AS IS, AS AVAILABLE”, AND IHG EXCLUDES AND DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW ALL GUARANTEES, CONDITIONS, WARRANTIES OR TERMS OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. IN PARTICULAR, AND WITHOUT LIMITING (BUT ALSO SUBJECT TO) THE FOREGOING, IHG AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS (COLLECTIVELY, THE “IHG PARTIES”) EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE IHG PARTIES MAKE NO WARRANTY THAT IHG CONNECT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THE IHG PARTIES MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF GUARANTEES, CONDITIONS, WARRANTIES OR TERMS IMPLIED OR IMPOSED BY ANY APPLICABLE LAW, OR DO NOT ALLOW LIMITATIONS ON HOW LONG ANY SUCH GUARANTEE, CONDITION, WARRANTY OR TERM MAY LAST. AS A RESULT, ALL OF THE ABOVE LIMITATIONS WILL NOT NECESSARILY APPLY TO YOU. NOTHING IN THESE TERMS EXCLUDES, RESTRICTS OR MODIFIES ANY GUARANTEE, WARRANTY, TERM, CONDITION, RIGHT OR REMEDY IMPLIED OR IMPOSED BY ANY APPLICABLE LAW WHICH CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF IHG CONNECT (INCLUDING IHG CONNECT) REMAINS WITH YOU. NEITHER THE IHG PARTIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING IHG CONNECT WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING (BUT NOT LIMITED TO):

1. LOST PROFITS,
2. LOSS OF DATA,
3. LOSS OF GOODWILL,
4. SERVICE INTERRUPTION,
5. MOBILE DEVICE DAMAGE OR SYSTEM FAILURE,
6. THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR
7. FROM THE USE OF OR UNAVAILABILITY OF IHG CONNECT,

WHETHER BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE IHG PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL THE IHG PARTIES’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE IHG CONNECTS, ANY PART THEREOF, OR ANY CONTENT EXCEED FIVE HUNDRED DOLLARS ($500). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN IHG AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR THE EXCLUSION, LIMITATION OR MODIFICATION OF REMEDIES FOR BREACHES OF GUARANTEES, CONDITIONS, WARRANTIES OR TERMS IMPOSED BY LAW, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

NOTHING IN THESE TERMS ATTEMPTS TO EXCLUDE OR LIMIT LIABILITY FOR:

1. DEATH OR PERSONAL INJURY;
2. FRAUD OR FRAUDULENT MISREPRESENTATION; OR
3. ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW.

Indemnity

To the extent permitted by applicable law, you agree to indemnify, save, and hold the IHG Parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of IHG Connect, any violation by you of these Terms, any of your User Content, or any breach of the representations, warranties, and covenants made by you herein. IHG reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify IHG Parties, and you agree to cooperate with IHG Party’s defense of these claims. IHG will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this Indemnity section will survive any termination of your access to or use of IHG Connect.

Controlling Law and Jurisdiction

[Unless applicable law requires the Terms to be governed by the local law where the IHG Connect service is provided,] these Terms and your use of IHG Connect shall be governed by and interpreted in accordance with the laws of the State of Georgia without giving effect to its conflict of laws principles of Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) are specifically disclaimed.. Any action arising out of or relating to these Terms shall be brought only in the state and federal courts located in Atlanta, GA, and you hereby submit to the jurisdiction of such courts. Notwithstanding the foregoing, IHG may seek injunctive relief in any court of competent jurisdiction, without posting bond, to enjoin any breach of these Terms, in addition to any other rights or remedies IHG may have available at law or in equity.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without IHG’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be of no effect. IHG may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by IHG (i) via email or (ii) by posting to IHG Connect. Any notices or other communications permitted or required hereunder by you, shall be in writing and addressed to Six Continents Hotels, Inc., Three Ravinia Drive, Suite 100, Atlanta, GA 30346-2121. Any notices that you provide without compliance with this section shall have no legal effect.

Waiver; Severability

The failure of IHG to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of IHG. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between IHG and you regarding IHG Connect, and these Terms supersede and replace any and all prior oral or written understandings or agreements between IHG and you regarding IHG Connect.

THE SECTION TITLES IN THESE TERMS OF USE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.

You expressly consent to the rendering of this Agreement in English. Vous consentez expressément au rendu de cet accord en anglais.

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