Privacy and Terms
We may from time to time change or modify the terms and conditions that govern your use of our Site and Services and this Agreement. Your use of our Site and Services following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. Oso may terminate your right to and deny you access to this Site, if, in our sole discretion, you fail to comply with any term or provision of this Agreement, or for any other reason whatsoever. Except as otherwise provided herein, however, Oso undertakes no obligation to police, supervise, or monitor materials posted to this Site by you or other third parties. Use of this Site is limited to persons over the age of thirteen (13). This Site is not directed to children under 13 years old. The policy of Oso, as the operator of this Site, is NOT to knowingly collect any personal information from children under 13, including "individually identifiable information," as defined by the Children’s Online Privacy Protection Act (COPPA). If you are under 13, you should leave the Site without providing any information about yourself. Any access to or use of this Site or Services by anyone under the age of majority requires consent to this Agreement by a parent or legal guardian. By accessing or using the Site and/or Services, you represent and warrant to us that you are either a legal adult or, if under the age of majority, have obtained proper consent from a parent or legal guardian to your use of the Site, Services and this Agreement. By using the Site and Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
PROHIBITED USES. Oso imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system, service or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing," or "crashing"; (d) using the Site to send unsolicited email, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or in any posting using the Site; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Oso in providing the Site. Any violation of system or network security may subject you to civil and/or criminal liability. Without limiting the foregoing, you may not use "bots", spiders or intelligent agent software (or similar technologies) for any purposes other than accessing publicly posted portions of the Site and only for purposes consistent with this Agreement. You may not circumvent any access or use restrictions, data encryption or content protection related to the Site. You may not data mine the Site or in any way cause harm to the Site.
Site Contents and Intellectual Property Rights Unless otherwise noted, the design of the Site, the Site as a whole, and all materials that are part of the Site and Services (collectively, "Contents") are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by Oso or its subsidiaries and affiliates. No right, title or interest in any of the information, material, or other Contents of this Site are granted to you under any circumstances and Oso reserves and retains all intellectual property rights in and to the Site and its Contents. Linking or framing to this Site or any of its Contents is prohibited without the prior written permission of Oso. Except as expressly noted herein, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or the Site. Unauthorized use or copying (including electronic copying or downloading) of the Site and Contents without Oso’s express written consent is expressly prohibited by law, and may result in severe civil and criminal penalties.
Opinions, advice, statements, testimonials, reviews, offers or other information or content made available on this Site or through our Services, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
Disclaimer of Warranties and Limitation of Liabilities ALL USE OF THIS SITE, ANY INFORMATION, CONTENT, PRODUCTS, OR SERVICES HEREIN CONTAINED OR PROVIDED AT OR PURCHASED FROM THIS SITE, AND ANY FUNCTIONALITY OR SOFTWARE OR PROGRAMMING CONTAINED OR PROVIDED AT THIS SITE, IS PROVIDED ON AN ‘AS IS’ BASIS WITHOUT GUARANTEE OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY, PROMISE OR GUARANTEE OF ANY KIND THAT (A) OPERATION OF OUR SITE AND/OR SERVICES WILL BE CONTINUOUS, TIMELY, UNINTERRUPTED, SECURE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF ERRORS, VIRUSES OR OTHER HARMFUL EFFECTS; (B) THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR SERVICES WILL BE EFFECTIVE, TYPICAL, ACCURATE OR RELIABLE; AND (D) THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. YOUR USE OF THE SITE AND SERVICES ARE AT YOUR OWN RISK.
FURTHER, WITHOUT LIMITING THE FOREGOING, ALL INFORMATION PROVIDED ON THIS SITE IS WITHOUT WARRANTY AS TO ITS COMPLETENESS, TIMELINESS, ACCURACY, SUITABILITY OR AUTHENTICITY. YOU SHOULD CONDUCT YOUR OWN DUE DILIGENCE AS TO THE TRUTH, ACCURACY, COMPLETENESS, AND CONTINUING VALIDITY OF ANY INFORMATION SET FORTH IN OR REFERENCED AT THIS SITE. LIKEWISE, OSO DOES NOT WARRANT THE ACCURACY OF THIRD-PARTY CONTENT CONTAINED WITHIN OR REFERRED TO AT THIS SITE, INCLUDING REFERENCE BY ANY LINKS TO THIRD-PARTY WEBSITES. OSO IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER.
UNDER NO CIRCUMSTANCES SHALL OSO OR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER BASED UPON OR ARISING FROM YOUR USE OF OR INABILITY TO USE THIS SITE OR SERVICES. IF YOU ARE DISSATISFIED WITH THE SITE OR SERVICES, OR ANY MATERIALS ON THE SITE, OR WITH ANY OF THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND SERVICES. WITHOUT LIMITING THE FOREGOING, THE LIABILITY OF OSO FOR ANY DAMAGE OF ANY KIND, DIRECT OR INDIRECT, ARISING FROM YOUR USE OF THIS SITE OR SERVICES, ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES OBTAINED AT OR FROM THIS SITE, OR OTHERWISE RELATING TO YOUR USE OF THIS SITE, PRODUCTS OR SERVICES, SHALL NOT EXCEED THE DOLLAR AMOUNT PAID BY YOU, IF ANY, TO OSO FOR USE OF THIS SITE, PRODUCTS OR SERVICES.
Release and Indemnification IN THE EVENT YOU HAVE A DISPUTE WITH ONE OR MORE USERS OF THE SITE OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DISPUTE REGARDING ANY TRANSACTION OR USER GENERATED CONTENT) OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR OTHERWISE INTERACT WITH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE AND FOREVER DISCHARGE OSO AND ITS RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITE AND/OR SERVICES.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS OSO, ITS DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ALL CLAIMS, DEMANDS, LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, UNLAWFUL USE OR OTHER MISUSE, OR INABILITY TO USE THE SITE OR SERVICES, YOUR BREACH OF THIS AGREEMENT, OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE SITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER MEMBER, USER OR THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF OR POSTED BY OTHER USERS OF YOUR ACCOUNT TO THE SITE, ANY USE OF ANY SERVICE PROVIDED BY A THIRD PARTY PROVIDER, OR ANY USE OF A SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING ANY SOCIAL MEDIA SITE. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
Choice of Law, Arbitration, and Venue This Agreement and any claim or controversy relating to or arising from the use of this Site or Services, including, but not limited to, any purchases or other transactions made or entered into at this Site, any information, content, products, services or promotions herein contained or provided from this Site, or any functionality, software or programming contained or provided at or from this Site (hereafter, "Claims"), shall be governed by the laws of the State of California without regard to principles of conflicts of law and, as applicable, the laws of the United States of America. All Claims shall be decided by one arbitrator pursuant to this provision and the commercial arbitration rules and procedures of JAMS, Inc. at their offices located in Los Angeles, California. All Claims shall be brought solely in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person’s Claims, and may not otherwise preside over any form of a representative or class proceeding with respect to any such Claims. NEITHER PARTY SHALL BE PERMITTED TO OBTAIN AWARDS FOR, AND EACH PARTY HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. The decision of the arbitrator shall be final and binding. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award shall be conducted in the Superior Court of the State of California, in and for the County of Los Angeles or, where applicable, the federal District Court sitting in the County of Los Angeles, State of California. Likewise, in the event that this arbitration agreement is for any reason held to be unenforceable, any litigation shall be commenced only in the federal or state courts located in Los Angeles, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
BY USING THE SITE AND/OR SERVICES IN ANY MANNER, YOU AGREE TO THE ABOVE ARBITRATION AGREEMENT. IN DOING SO, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND ANY CLAIMS BETWEEN YOU AND US. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING.
Your submission of such information and material shall further constitute an assignment to Oso of all worldwide rights, titles and interests and goodwill in the information and materials without payment of any compensation. By posting content to any public area of the Site, you automatically grant and represent and warrant that you have the right to grant, to us, our affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
Termination and Denial of Access This Agreement is effective unless and until terminated by Oso. If in Express Hotel’s sole discretion you fail to comply with any term or provision of this Agreement, Oso may terminate your access to or use of this Site. In the event of termination or denial of access by Oso, you are no longer authorized to access the Site, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in this Agreement, shall continue in force.
Third Party Links This Site may include links to other Internet sites maintained by third parties ("Linked Sites"). Oso provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by Oso of the Linked Sites. You access Linked Sites at your own risk and by accessing them you leave this Site. Linked Sites are not under the control of Oso and Oso is not responsible for the contents of any Linked Sites.
Modifications to the Site or Services Oso reserves the right at any time to modify or discontinue, temporarily or permanently, the Site and/or Services (or any part thereof) with or without notice at its sole discretion. You agree that Oso shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site and/or Services.
Miscellaneous Headings in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to other or similar breaches. This Agreement, including the documents referenced herein, shall constitute the entire agreement and understanding between Oso and you with respect to use of the Site and/or Services and supersedes any and all prior agreements and understandings of the parties with respect to the subject matter addressed herein. This Agreement is binding on the parties hereto and their successors and assigns. If any provision in this Agreement is deemed unlawful, void or unenforceable, then that provision will be deemed severed from the Agreement and the remaining provisions shall remain in full force and effect as if no invalid or unenforceable provision had been part of this Agreement.
Complaints or Concerns If you have any complaints or concerns regarding the Site or Services, please contact us at J.P. Allen, Inc., Attention: Legal at 156 East Tujunga Avenue, Burbank, CA 91502. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted by telephone at (800) 952-5210 or by writing the California Department of Consumer Affairs, Consumer Information Center at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834.
Information We Collect User-Provided Information: You may be required to provide personal information to access or use certain parts of our Site, or features of the Site or services. If you do not provide the requested personal information, you may not be able to access or use the features of the Site or service where such information is requested. Depending upon the nature of the transaction, the personal information collected may include your name, address, telephone number, email address, fax number, date of birth, age, gender, credit card information, debit card information, date of purchase, or other demographic information. If you correspond with us by email, we may retain the content of your email messages, your email address and our responses.
Cookies Information: When you visit the Site, we may send one or more cookies – a small text file containing a string of alphanumeric characters – to your computer that uniquely identifies your browser and lets us help you log in faster and enhance your navigation through the Site.
Log File Information: Log file information is automatically reported by your browser each time you access a web page. When you register with or view our Site, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") addresses or other device identifiers, browser information, Internet Service Provider ("ISP"), operating system, location, date/time stamp, clickstream data, referring/exit pages and URLs, domain names, landing pages, pages viewed, and other such information.
Clear Gifs Information: When you use the Site or services, we may employ clear gifs (a.k.a. Web Beacons) which are used to track the online usage patterns of our users anonymously. No personal information from your account is collected using these clear gifs. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened by recipients. The information is used to enable more accurate reporting, improve the effectiveness of our marketing, and make this Site better for our users.
How We Use Your Information We use the personal information you provide and any general information we receive from you to operate, maintain, and provide to you the best possible features, products, functionality of the Site and experience; analyze visits to the Site and learn about the interests of our visitors in aggregate and also on a personal level to better understand your interests and needs, and send you marketing communications and other information and materials you have chosen to receive regarding our products, services, marketing or special events.
By providing Oso your email address, you consent to our using the email address to send you Site and service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages including, but not limited to, newsletters, payment information, credit card update notifications, account status, legal updates, changes to features of the Site or services, product updates, special offers or promotions, or other account information. If you do not want to receive such email messages, you may opt out by contacting us privacy@XXXXXXX.com or clicking on the opt out link contained in the email message. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. You may not opt out of service-related emails.
Oso may use certain information about you and/or your User Content without identifying you as an individual to third parties. We do this for purposes such as analyzing how the Site is used, diagnosing service or technical problems, maintaining security, and personalizing advertisements and promotions.
Personally Identifiable Information: Oso will not rent or sell your personal information to others. We may disclose potentially personally-identifying and personally-identifying information to those of our employees, contractors (including website operators), affiliated organizations, service providers, promotional partners and other third parties that provide support services to us or help us market our products and services, administer our programs and operations, fulfill your requests and orders, or process any other information on our behalf to provide services available at our Site. We may store personal information in locations outside the direct control of Oso (for instance, on servers or databases co-located with hosting providers).
How We Protect Your Information Oso uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Oso or the Site and you do so at your own risk. Once we receive your transmission of information, Oso makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. While we strive to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online.
Children's Privacy Protecting the privacy of young children is especially important. For that reason, Oso does not knowingly collect or solicit personal information from anyone under the age of 13. If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 is allowed to provide any personal information to or on this Site. In the event we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please notify us at privacy@ExpressHotels.com.
Social Media Interactions Oso invites you to socialize and share your experiences with Oso using Social Media tools such as Facebook, Twitter, Pinterest, LinkedIn, YouTube, Google+ and Instagram. If you choose to use these tools, you may be sharing certain profile elements, including your comments. This sharing is subject to each social media program’s privacy policies. We also use Facebook Social Plugins to allow Facebook to share information and friends’ activities with its members while they are on our Site. For example, Social Plugins allow Facebook to show you your friends’ "Likes" on our product pages if you are logged into Facebook while using the services on our Site. Oso does not receive or control any of the content from Facebook Social Plugins.
For more information about Facebook Social Plugins and other social media tools, click here.
IMPORTANT INFORMATION FOR CALIFORNIA RESIDENTS
Your California Privacy Rights California Civil Code Section 1798.83 permits our customers who are California residents to request and obtain from us a list of what personal information (if any) we shared with third parties or corporate affiliates for those entities’ direct marketing purposes in the preceding calendar year, and the names and addresses of those third parties. Requests may be made only once a year and are free of charge.
If you are a California resident and would like a copy of this notice, please submit a written request to the following address: Oso Attn.: Legal 1901 Corporate Centre Drive, Oceanside, CA 92056. For all requests, you must put the statement "Oso Collection California Privacy Rights Notice" in the body of your request, as well as your name, street address, city, state, and zip code. You also need to attest to the fact that you are a California resident and provide a current California address for our response. Please note that we will not accept requests via telephone, email, or by facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.
California Do Not Track Disclosures California Business & Professions Code Section 22575(b) (as amended effective January 1, 2014) provides that California residents are entitled to know how a website operator responds to "Do Not Track" (DNT) browser settings. DNT is a feature offered by some browsers which, when enabled, sends a signal to websites to request that your browsing is not tracked, such as by third party ad networks, social networks and analytic companies. Oso does not currently take actions to respond to DNT signals because a uniform technological standard has not yet been developed. We continue to review new technologies and may adopt a DNT standard once one is created. For information about DNT, please visit: www.allaboutdnt.org.