WEBSITE TERMS AND CONDITIONS OF USE
Please read these Website Terms and Conditions of Use (these “Terms”) carefully before using the Web Services (defined below).
THIS WEBSITE (STAYORLI) AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS WEBSITE AND ANY RESERVATION PLACED ON OUR SITE (DEFINED BELOW) WILL INDICATE YOUR TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE PROMPTLY EXIT THIS WEBSITE AND DO NOT USE THE WEB SERVICES.
These Terms constitute a contractual agreement between Orli La Jolla, LLC (“we,” “us” or “our” or “Orli La Jolla”) and you (“you” or “your”) regarding your use of the services covered by these Terms (“Web Services”). The Web Services include our websites, mobile websites, and other Internet enabled or wireless means by which we provide content to you or receive content from you, including without limitation, downloadable or preloaded software applications (including, without limitation, desktop, mobile and tablet applications, content and blog submission services, chat rooms, message boards, text/SMS messaging, email messaging, alerts, and delivery of our content to you at your request). You should print a copy of these Terms for your records.
YOU MAY NOT MAKE RESERVATIONS OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE, OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH ORLI LA JOLLA, LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
IMPORTANT NOTICE: THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
- Changes to the Terms
We reserve the right to modify or discontinue any of the Web Services or any aspect or feature of the Web Services at any time and without notice. From time to time, we may restrict access to the Web Services or any portion thereof to users consistent with applicable law and any additional terms governing the particular Web Service.
- Restrictions Of Use
(a) All pages within this Website, “Orli La Jolla” or “Stay Orli” (collectively the “Site”) are the property of Orli La Jolla, LLC and/or its affiliates. All content available through the Web Services (“Content”), including but not limited to, text, images, illustrations, graphics, logos, digital downloads, data, software, headers, icons, scripts, audio clips, and video clips, is the property of us or our Providers (defined below), and is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by and subject to United States and international copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes). The Content is owned and controlled by us, our affiliated or related entities, or the Providers that have licensed or otherwise made available their content or the right to market their products and/or services to us. Content on the Web Services or any website owned, operated, licensed, or controlled by the Providers is solely for your personal, non-commercial use, and may not be used in any manner that is likely to cause confusion among our customers, other users of the Web Services, or the general public. You agree to abide by all additional copyright notices, information, or restrictions contained in or with any Content.
(b) No portion of the Content on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of Orli La Jolla for your own personal use or the internal use of your business. Any rights not expressly granted by these Terms, or any applicable end user license agreements, are reserved by Orli La Jolla or its affiliates and Providers.
- Prices and Payment Terms
(a) Prices posted on this Site may be different than prices offered by us at other locations. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for reservations, products, or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total and will be itemized in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
(b) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you and all applicable taxes, regardless of the amount quoted on the Site at the time of your order.
- Purchases Made Via the Web Services
Additional terms and conditions may apply to the purchases of goods or services and to specific portions or features of the Web Services, including reservations/booking, credit card processing, or other similar features, all of which are made part of these Terms by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Web Services or for any service offered on or through the Web Services, the latter terms shall control with respect to your use of that portion or the specific service.
- Electronic Communications; Texting
You consent to receive communications from us electronically, either by email or by posting notices on the Web Services. To the maximum extent permitted by law, you agree that all terms, notices, disclosures and other communications that we provide to you via such electronic means satisfy any legal requirement that such communications be in writing.
We may modify or terminate our text messaging services from time to time, for any reason and without notice, including the right to terminate text messaging without notice, without liability to you, any other user or a third party.
- House Rules
As a condition for your reservation or order with us and your continued stay with us, you are required to abide by the terms of our House Rules [LINK]. By this reference the House Rules are incorporated fully herein.
- Links or Pointers to Third Party Sites
Orli La Jolla makes no representations whatsoever about any other website that you may access though this Site. When you access a non-Orli La Jolla website, please understand that it is independent from Orli La Jolla, and that we have no control over the content on those websites. In addition, a hyperlink to a non-Orli La Jolla website does not mean that Orli La Jolla endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.
- Warranty Disclaimer
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.
ORLI LA JOLLA, LLC, ITS AFFILIATES, AND ITS SPONSORS AND PROVIDERS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, WEB SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
Although Orli La Jolla attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Orli La Jolla at firstname.lastname@example.org so that it can be corrected.
- Confidential and Proprietary Information
Notwithstanding your personal information related to any reservation or product purchase, please note that any information or material sent to Orli La Jolla through the Site will be deemed to NOT be confidential. By sending Orli La Jolla any information or material, you grant Orli La Jolla an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that Orli La Jolla is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.
- Lawful Use
As a condition of your use of this Site, you warrant to Orli La Jolla that you will not use the Site for any purpose that is unlawful or prohibited by these Terms.
- Rooms not for Resale
You agree that your reservation or the products and services you have requested through our Site are for your personal use and are not for resale, lease, or other commercial use.
- Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic or pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
- Governing Law and Jurisdiction
This Site is operated from the United States. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California. You further agree to submit to the exclusive jurisdiction and venue in the state and federal courts located in Los Angeles County, for all disputes, cases, and controversies regarding this Site, and your use of the Web Services, and your relationship with us. Although the Web Services can be accessed outside the United States, we make no representation that materials on the Web Services are appropriate or available for use in other countries, and accessing them from jurisdictions where the Content is illegal is prohibited. Those who choose to access the Web Services from other countries do so at their own risk and are responsible for compliance with local laws, including laws regarding the transmission of technical data exported from the United States or the country in which you reside.
- Proposition 65 Warning
⚠ WARNING: The historical hotel and furniture in this establishment can expose you to chemicals including formaldehyde which is known to the State of California to cause cancer and lead which is known to the State of California to cause birth defects or other reproductive harm. For additional information go to www.P65Warnings.ca.gov/hotels.
- Dispute Resolution and Binding Arbitration
(a) YOU AND ORLI LA JOLLA, LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(b) The arbitration will be administered by the American Arbitration Association (”AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR ORLI LA JOLLA, LLC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge
- Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS AND FOR COMPLETE CLARITY, FROM YOUR RESERVATION OR STAY WITH US, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON–INCLUDING ANY ACCIDENT, BODILY INJURY, DEATH, THEFT, OR ANY OTHER LOSS OR CASUALTY, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE LESSER OF (A) THE ACTUAL AMOUNT PAID BY YOU FOR YOUR RESERVATION OR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE; OR (B) THE LOWEST AMOUNT ALLOWED BY CALIFORNIA LAW.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THIS SITE BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.
YOU SHALL DEFEND US AGAINST ANY DEMANDS, CLAIMS OR ACTIONS BROUGHT AGAINST US OR ARISING AS A RESULT OF ANY BREACH OR VIOLATION OF THESE TERMS BY YOU AND YOU SHALL INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES) RESULTING FROM ANY SUCH DEMANDS, CLAIMS OR ACTIONS. WE HAVE THE RIGHT, AT OUR EXPENSE, TO ASSUME EXCLUSIVE DEFENSE AGAINST ANY DEMANDS, CLAIMS OR ACTIONS AND ALL NEGOTIATIONS FOR SETTLEMENT AND YOU AGREE TO COOPERATE WITH US IN THE DEFENSE OF ANY SUCH DEMANDS, CLAIMS OR ACTIONS, AT OUR REQUEST.
(a) You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 18 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
(b) The failure by us 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 right or provision will be effective only if in writing and signed by a duly authorized representative of Orli La Jolla, LLC, or its designee.
(c) These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
(d) General Notices.
To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provided or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To Us. To give us notice under these Terms, you must contact us as follows: (i) by email at email@example.com; or (ii) by personal delivery, overnight courier, or registered or certified mail to 801 River Drive, North Sioux City, SD 57049. We may update the email or address for notices to us by posting a notice on the Site. Notices provided by email shall only be effective only upon your receipt of a responsive email identifying receipt and not an automatic read receipt. Notices provided by personal delivery will be effective immediately. or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
(e) Notice and Procedure for Making Claims of Copyright Infringement.
If you believe that your work has been copied and posted on this website in a way that constitutes copyright infringement, please provide our Agent for Notification of Claims of Copyright Infringement the information specified below:
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on this website;
iii. Your address, telephone number, and email address;
- 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;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and,
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Written notification containing the information set forth above must be submitted to the following for Notice of Claims of Copyright Infringement:
Orli La Jolla LLC
Attn: Legal, DCMA Notices
P.O. Box 1397
North Sioux City, SD 57049
(f) If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.