Last Updated: August 21, 2012
Any loss, damage, or delay in, or failure of, performance by Valet shall not constitute a default under any of the Services or give rise to any claim for any damages, except for damages that by applicable law cannot be disclaimed.
2. Account Registration; Personal Use Only; Fees; Term
To avail yourself of the Services, you must register as a Participant of the Site by visiting the Site and following the instructions for activating an Account (as defined below) on the Site and making a nonrefundable payment of $199.00 USD (the “Fee”). The Fee will be paid annually, automatically deducted from the credit card you use in registering your Account (as defined below). If you select a username for your Account, we reserve the right to remove or reclaim it if we believe appropriate. We reserve the right to refuse registration of, or to cancel, an Account, in our sole discretion and may or may not refund any Fee (as defined below) paid to us. To the extent that you set up an Account, you agree to keep your contact information and credit card information for your Account accurate and up-to-date, that your contact information and credit card information is true and accurate and that your Account is solely for your, and not another’s, personal use. Once you have established an Account as instructed on the Site, paid the Fee and we have accepted your offer to be a Participant (as defined below), Valet will grant you a limited license to use the Site and the Services for the period of one (1) year from the date (the “Commencement Date”) therefrom.
Once accepted by Valet to be a Participant, you will be billed the Fee for your first year as a Participant approximately as of the Commencement Date. Thereafter, unless you cancel your Account by following the instructions on the Site, you will be billed the Fee on each anniversary of the Commencement Date and continue to be a Participant for such corresponding year, subject to the terms and conditions hereof.
The Fee does not include applicable taxes and is subject to taxation in conformity with applicable federal or state law. The Fee, which is nonrefundable, may be changed at any time, with such changes only having a prospective effect.
The Services may provide Participants (as defined below) access to information, benefits and information and, as part of the Services, you may print area maps from the Site (but only for personal use) and you may view any page on the Site subject to the restrictions set forth herein. In using the Services, you are responsible for all costs and fees associated therewith or arising therefrom. Valet may modify the Services in any manner at any time at its sole discretion and without notice to you.
- "Account" means a Participant’s user account, established as set forth in Section 2 hereof. Each Account will have a unique account number assigned by Valet.
- “Curator” means certain individuals that provide “insider” city guide information to Participants. The list of participating Curators on the Site is subject to change at any time as are the offerings of such Curators. Curators are not agents, employees, contractors, partners, or subcontractors of Valet or its affiliates. Participation by any Curator should not be taken as an endorsement, either express or implied, of the Curator by Valet. Curators’ submissions on the Site are considered Services.
- "Participant" or “you” means an individual adult (at least 18 years of age) who is resident in the United States and has registered on the Site and been accepted by Valet as set forth herein (and who, thus, has an Account).
- " Partners", each a “Partner”, means entities and individuals that provide hotel services with whom a Participant may contract. The list of participating Partners on the Site is subject to change at any time as are the offerings of such Partners. Partners are not agents, employees, contractors, partners, or subcontractors of Valet or its affiliates. Participation by any Partner should not be taken as an endorsement, either express or implied, of the Partner or its products or services by Valet.
5. Transactions with Partners
Transactions with Partners should be treated as solely occurring between the Participant and the Partner. Accordingly, you acknowledge that you are responsible for all fees charged by Partners and all costs associated therewith (including, without limitation, taxes and incidental costs) that may apply thereto. Moreover, you acknowledge that you, and not Valet, are responsible for abiding by such terms and conditions as may govern your relationship with a Partner and you accept any consequences that may result from your failure to comply therewith. Notwithstanding the foregoing, Participants must promptly notify Valet of any non-performance of a Partner. Upon receipt of such notification, Valet may investigate, and may, in its sole discretion, take remedial action with respect to the Partner.
6. Participant & User Conduct
You agree that you will:
- Not register an Account or use the Services if you are under the age of 18;
- Not, without the prior written consent of Valet, download, distribute, display, reproduce, modify, alter or change any Site content or content accessible through the Site, including, without limitation, maps, pictures, drawings, photographs, music, texts, or motion pictures;
- Not create another Account without our permission if we disable your Account;
- Not use your Account for your commercial gain--you may not use the Site to sell a product or service or to increase traffic to your website for commercial reasons, such as advertising sales, without our express written consent;
- Not make any reservation unless you actually require such reservation for your personal use (i.e., you may not make a reservation based on anticipated future needs);
- Not share your password, let anyone else access your Account, or do anything else that might jeopardize the security of your Account;
- Not disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site content or use the Site to violate the security of any computer network, to crack passwords or security encryption codes;
- Not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site content, or features that enforce limitations on the use of the Site;
- Not use the Site to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Not use any meta tags or any other "hidden text" utilizing a Valet name, trademark or product name without Valet’s express written consent;
- Not attempt to gain unauthorized access to the Site, other Participant Accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
- Not record, process, or mine information about other Participants or collect or harvest any personally identifiable information, including Account usernames, or profile information, from the Site;
- Not use, frame or utilize framing techniques to enclose any Site content (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Valet's express written consent;
- Not remove or modify any copyright, trademark or other notice of proprietary rights on the Site or on any materials printed or copied off of the Site;
- Not use the Site to transmit or post, in any way, Prohibited Content. “Prohibited Content” includes content that: (i) contains pornography, nudity, or sexually suggestive text or images; (ii) promotes racism, bigotry or hatred; (iii) harasses or promotes the harassment of another person; (iv) depicts or promotes violence; (v) solicits personal information from anyone under 18 years of age; (vi) violates the privacy or security of another person; (vii) constitutes or promotes or obscene behavior or illegal activity, including defamation; (viii) constitutes junk mail, chain letters, spam, advertisements, or unsolicited commercial mailings; (ix) includes images of another person that you have uploaded without that person's consent;
- Not modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or the content of others (including of other Participants);
- Not use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with anyone else's use of the Site;
- Not use the Site to transmit or post spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or otherwise;
- Not use the Site for keyword spamming or to otherwise attempt to manipulate search results;
- Not reverse engineer any portion of the Site, except as may be permitted under applicable law;
- Not make unreasonably excessive traffic demands, in the sole opinion of Valet, from the Site, which includes, without limitation, the use of any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site or use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Site in a manner that sends more request messages to Valet’s servers in a given period of time than a human could reasonably produce in the same period by using a conventional web browser or take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure;
- Not use the Site or any content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");
- Not use the Site to impersonate others or provide any kind of false information;
- Not post to the Site personal information (i.e., addresses, employer references, social security numbers, phone numbers, etc.);
- Not post messages purporting to speak on behalf of Valet or containing confidential information or expressing opinions concerning Valet if an employee of Valet (without the consent of Valet);
- Not post messages that offer unauthorized downloads of any copyrighted or private information;
- Not post multiple messages by the same Participant setting forth a single point;
- Not send invitations to register for the Site to individuals with whom you have not personal relationship, individuals who are unlikely to recognize; or
- Not otherwise use the Site in violation of any applicable law, regulation, ordinance or, at the sole discretion of Valet, the legitimate purpose of the Site.
You acknowledge that we shall have the right, in our sole discretion, to take any or all of the following actions in connection with your violation of these Terms of Service:
- Investigate an allegation that a communication(s) on the Site does not conform to the terms of the Terms of Service and determine in its sole discretion to remove or request the removal of the communication(s);
- Monitor, edit, or disclose any communication on the Site;
- Edit or delete any communication(s) posted on the Site, regardless of whether such communication(s) violates these Terms of Service;
- Remove communications from the Site which are abusive, illegal, disruptive, or that otherwise fail to conform with these Terms of Service;
- Terminate a Participant’s access to the Site upon any breach of these Terms of Service;
- Terminate an individual’s status as a Participant upon any breach of these Terms of Service; or
- Terminate am Account upon any breach of these Terms of Service.
Upon termination of your Account for any of the reasons stated herein, your right to access and use the Site and any content will immediately cease. All provisions of these Terms of Service, which by their nature should survive termination, shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnifications and limitations of liability.
7. Valet's Intellectual Property
Valet is a registered trademark of Valet. All rights are reserved.
The Site and all Site materials including, but not limited to, the Site’s logos, trademarks, designs, text, graphics, images, audio and video clips, software, interactive features and other works of authorship and other material, and the selection and arrangement thereof (the "Content") belong to and are copyrighted by Valet (except, as applicable, with respect to certain content on the Site that is copyrighted by others and which Valet is licensed to use on the Site under certain license agreements) and are protected by United States and international intellectual property laws. You may display, copy, and download the Content for personal, non-commercial and informational use only provided that you may not (a) modify the Content or (b) remove or alter any copyright or other proprietary notices contained in the Content. If you desire to obtain further information with respect to these copyrights, please contact Valet.
Other trademarks, service marks, logos, product names and company names appearing on the Site, unless otherwise noted, are the property of their respective owners.
Subject to contrary terms of this Terms of Service, none of the Services provided on or through the Site shall be construed as conferring any license under any of Valet’s or any third party's intellectual property rights, including, but not limited to, copyright, patent, design patent or trademark, whether by estoppel, implication or otherwise.
8. International Participants
9. Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Site.
The content, including Participant Content (as defined herein), is provided to you "as is" for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited in any manner not intended by the normal functionality of the Site or otherwise as prohibited under this Agreement. "Participant Content" means Participant comments, communications (including Site-provided email), suggestions, recommendations, reviews, and any other material posted by Participants on the Site.
You understand that when using the Site, you may be exposed to Participant Content from a variety of sources, and that Valet is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Participant Content. You further understand and acknowledge that you may be exposed to Participant Content that may be inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Valet with respect thereto, and agree to indemnify and hold Valet, its shareholders, directors, officers, operators, affiliates, and licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
10. Communication with Valet
You agree that all agreements, notices, disclosures and other communications that Valet provides to you electronically satisfy any legal requirement that such communications be in writing and you consent to receive communications from Valet electronically—Valet may communicate with you through email or by posting notices on the Site.
11. Participant Submissions; Privacy
By submitting Participant Content, you grant Valet and its subsidiaries and affiliates the royalty-free, perpetual, irrevocable, non-exclusive, worldwide, transferable right and worldwide license (including a waiver of any moral rights) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, display and otherwise exploit the Participant Content (in whole or in part) and to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such Participant Content. You also warrant that the holder of any rights, including moral rights in such Participant Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any Participant of the Site to access, display, view, store and reproduce such Participant Content for personal use. Subject to the foregoing, the owner of such Participant Content placed on the Site retains any and all rights that may exist in such Participant Content. Notwithstanding the generally irrevocable license you grant us regarding your Participant Content, if you are the holder of rights to submitted content and later change your mind and would like such Participant Content removed from the Site, you can contact us at firstname.lastname@example.org. We reserve the right to monitor and remove Participant Content from the Site for any reason or for no reason at all.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of your Participant Content and that any information that you disclose on the Site including, but not limited to, personal and sensitive information about you, is done at your own risk. You acknowledge that we shall have the right (but not the obligation) in our sole discretion to pre-screen, refuse, or move any Participant Content that is submitted and/or displayed on the Site. You agree that you must evaluate, and bear all risks associated with the use of, any Participant Content, including any reliance on the accuracy, completeness, or usefulness of such Participant Content. If you delete Participant Content, you understand that your deleted Participant Content may persist in backup copies for a reasonable period of time (although it will not be available to other Participants).
In addition to the above, please note that information disclosed by Participant when registering for an Account may be harvested and used by Valet to develop the Site and to communicate with you (“Registration Information”). Valet will act reasonably to protect your privacy by treating the Registration Information as if it belonged to Valet. While Valet will not sell or reveal the Registration Information (unless required by law), Valet may aggregate Registration Information and communicate it to its sponsors and clients. You may opt out of receiving communications from Valet and/or update your Registration Information (or report concerns) to Valet at email@example.com.
Please do not submit Participant Content if you disagree with the provisions of this Terms of Service.
If you are a copyright owner or an agent thereof and believe that any Participant Content or other content infringes upon your copyrights, you may contact us at firstname.lastname@example.org.
12. Warranty Disclaimer
You acknowledge that Valet has no control over, and no duty to take any action regarding the following: (a) which users gain access to the Site; (b) what content you access via the Site; (c) what effects the content of the Site may have on you; (d) how you may interpret or use the content of the Site; or (e) what actions you may take as a result of having been exposed to the content of the Site. You release Valet from all liability for your having acquired or not acquired content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate and Valet makes no representations concerning any content contained in or accessed through the Site, and Valet will not be responsible or liable for the accuracy, copyright compliance, legality or decency of content contained in or accessed through the Site.
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE THAT VALET, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. VALET MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS (INCLUDING, WITHOUT LIMITATION, PRICING ERRORS), MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. VALET DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THOSE OFFERED BY PARTNERS, CURATORS, OR ANY HYPERLINKED WEBSITE OR CONTENT FEATURED IN ANY ADVERTISING ON THE SITE, AND VALET WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS, TO INCLUDE, WITHOUT LIMITATION, THE PARTNERS AND CURATORS, OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. FURTHER, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SERVICES (INCLUDING, WITHOUT LIMITATION, SUBMISSIONS FROM THE CURATORS), CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND VALET MAKES NO REPRESENTATION OR WARRANTY WITH REGARD TO THIS SITE, PRODUCTS OR SERVICES OBTAINED FROM ANY PARTNERS OR CURATORS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT ANY SUCH SERVICES, CONTENT, SITE, SOFTWARE, PRODUCT OR SERVICE WILL MEET THE REGISTERED PARTICIPANT'S REQUIREMENTS AND BE TIMELY, FREE OF ERRORS OR WITHOUT DEFECTS, OR PROVIDED ON AN UNINTERRUPTED BASIS, AS APPLICABLE. VALET EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY ERRORS ON THE SITE, INCLUDING, WITHOUT LIMITATION, WHERE SUCH CORRECTION MAY MODIFY A PENDING RESERVATION.
13. Limitation of Liability
IN NO EVENT SHALL VALET, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF SITE CONTENT OR ACTS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY PARTNER OR CURATOR, (B) PERSONAL INJURY, DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR IN CONNECTION WITH YOUR TRANSACTIONS WITH PARTNERS OR CURATORS; (C) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (E) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, (F) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR (G) DIRECT DAMAGES IN EXCESS OF $100; WHETHER OR NOT VALET IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT VALET SHALL NOT BE LIABLE FOR PARTICIPANT CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Valet does not assume responsibility or liability for injury caused by the actions, products, or services of any Partner or Curator, and will not be liable or responsible for those performances, guarantees, warranties and representations, if any, offered by the US Postal Service, any third party service provider, Partner or Curator.
The Site may contain links to third party websites that are not owned or controlled by Valet, including websites with whom we may have a business relationship including, without limitation, those of Partners. Valet has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Valet will not and cannot censor or edit the content of any third party website. By using the Site, you expressly relieve Valet from any and all liability arising from your use of any third party website.
Valet is not responsible for the consequences of any Participant Content at the Site. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
You agree to defend, indemnify and hold harmless Valet, its officers, directors, employees, agents, affiliates, parents and subsidiaries from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Participant Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Site.
15. Capacity to Contract
You affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
The Services and these Terms of Service shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and Valet that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in the State of New York. You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Terms of Services or Services exclusively in a state or federal court located in New York, New York. You agree to submit to the personal jurisdiction of the courts located in New York County, New York for the purpose of litigating all such claims.
No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Valet’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind Valet in any respect whatsoever. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Valet without restriction. Headings used herein are for reference purposes only and do not limit the scope or extent of such section. Except as otherwise expressly provided herein, there shall be no third-party beneficiaries to this Terms of Service.
If you have questions regarding use, or if you have comments or suggestions regarding the Terms of Service, please email us at email@example.com.