YOUR USE OF THE SITE CONSTITUTES YOUR CONSENT TO FOLLOW AND BE BOUND BY THE AGREEMENT. Furthermore, by using this Site, you represent that: (i) you have the capacity to be bound by these terms and conditions; and (ii) if you are acting on behalf of a company or other entity, you have the authority to legally bind such company or entity.
DO NOT USE THE SITE IF YOU DO NOT AGREE TO THIS AGREEMENT.
- Changes to Agreement.
We expressly reserve the right to modify this Agreement at any time, without prior notice, by posting an updated version of the Agreement on the Site. Therefore, you should review the Agreement whenever you use the Site. Your continued use of this Site constitutes your consent to the current Agreement posted at the time of your visit.
- Changes to the Site.
We reserve also the right, at any time in our sole discretion, to modify, suspend, or discontinue the Site or any service, program, content, feature, or product offered through the Site, with or without notice and/or only offer opportunities to some users of the Site, for any reason. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature, or product offered through the Site.
- Use of Content on the Site.
Unless otherwise noted, the Site and all content on the Site, including all information, data, video, audio, graphics, logos, button icons, software, and other materials contained on or that make up the Site, and the copyrights, trademarks, trade dress, and/or other intellectual property rights in such materials (collectively, the “Content”), are controlled, owned, or licensed by Hard Rock.
You may access the Content for your personal use only. You may not copy, upload, download, reproduce, post, transmit, distribute, publish, display, perform, commercially exploit, modify, or otherwise create derivative works from any of the Content contained on the Site, except you may print copies of our Site for your personal use. Nothing contained herein shall be construed as granting, by implication, estoppel or otherwise, any license, title, interest, or right to the Content of the Site.
The Site is for informational purposes only. While we strive to be accurate and complete, we cannot guarantee the availability of any particular prices, offerings, or services presented on the Site. Please note that prices and offerings presented on the Site are subject to change and may only be offered at certain Participating Locations or only in certain jurisdictions as noted in the Program Terms and Conditions (the “Program Terms and Conditions”). In addition, as noted below, certain offerings or services may be restricted by age or other eligibility requirements.
- Errors, Inaccuracies, and Omissions.
Occasionally, the Site may contain inaccuracies or typographical errors regarding product and service descriptions, availability, dates, and pricing. We reserve the right to correct or update any errors or omissions and to periodically change any information at our sole and absolute discretion without any prior notice to you.
- Eligibility to Use the Site/Age Policy.
You must meet certain eligibility requirements to use the Site and the Program offered through the Site. In general, you must be a minimum of eighteen (18) years old and have legal capacity (have reached the age of majority in your state of residence and have the capability and power under law) to enter into and bind yourself to legal contracts. You must not be a resident in a jurisdiction that prohibits access and use of the Site and participation in the Program. The Site and the programs and services offered on the Site are not intended for persons under eighteen (18) years of age.
In order to access certain portions of the Site, such as the Program, you may be required to log in to your account. In doing so, you agree to provide and maintain true, accurate, and complete information about you.
The Site may provide you with the ability to use passwords, usernames, or other codes or devices to gain access to restricted portions of the Site (“access codes”). We reserve the right to prohibit the use of such access codes on your behalf by third parties if we determine, in our sole and absolute discretion, that such use interferes with our Site’s operation or results in commercial benefits for other entities to our detriment.
You are solely responsible for all use of the Site under your account information and for maintaining the confidentiality of your account information. You agree not to hold Hard Rock liable for any damages of any kind resulting from your disclosure of your account information to any third party, including, but not limited to, entities that aggregate account information or website content, or persons who are or claim to be acting as your agent, proxy or advisor. If you inform Hard Rock or Hard Rock has reason to believe that the security of your account may be or has been compromised, we have the right to suspend or terminate your use of the Site or require that your account information be changed.
You agree to: (i) promptly notify Hard Rock of any actual or suspected unauthorized use of the Site; and (ii) ensure that you exit from your account at the end of each session.
- User Content.
(1) to maintain any User Content in confidence;
(2) to pay compensation for any User Content; or
(3) to respond to any User Content.
Hard Rock has the right, but not the obligation, to monitor and edit or remove any User Content. You agree that any User Content you submit to us: (1) is accurate; (2) does not violate any law or infringe any third party’s intellectual property rights, including copyright or trademark rights; and (3) contains no matter that is obscene, harassing, vulgar, defamatory,or libelous, constitutes an illegal threat, or violates rights of privacy or publicity of a third party. You further agree that your User Content will not contain any computer virus or other malware that could in any way affect the operation of Hard Rock or third parties as to the origin of any User Content. You are solely responsible for any User Content you make and its accuracy. Hard Rock takes no responsibility and assumes no liability for any User Content posted by you or any third party.
- Prohibited Uses.
You agree not to use the Site in any way, provide User Content, or engage in any conduct that:
- is unlawful, illegal or unauthorized;
- is defamatory of any other person;
- is obscene, sexually explicit, or offensive;
- advertises or promotes any other product or business (except for permitted advertising under separate written agreement with us);
- is likely to harass, upset, embarrass, alarm, or annoy any other person;
- is likely to disrupt our Site in any way; or
- promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, gender identity, or age;
- infringes any copyright, trademark, trade secret, or other proprietary right of any other person; or
- advocates, promotes, or assists any violence or any unlawful act.
You further agree not to:
- publish and/or make any use of the Site on any website, media, network or system other than those provided by us, and/or frame, “deep link”, “page scrape”, mirror, and/or create a browser or border environment around the Site (or any part thereof);
- use any “robot”, “spider”, or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site (or any of its data), or in any way reproduce or circumvent the navigational structure or presentation of Site to obtain or attempt to obtain any materials, documents, services, or information through any means not purposely made available through the Site;
- purchase search engine or other pay-per-click keywords (such as Google AdWords) or domain names that use our name, any Unity or Hard Rock trademarks and/or variations and/or misspellings thereof;
- impersonate any person or entity or provide false information on the Site, whether directly or indirectly, or otherwise disguise your identity or the origin of any message or transmittal you send to us and/or any of our other visitors or users;
- falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that we or any third party endorses you, or any statement you make;
- reverse look-up, trace, or seek to trace another user of the Site, or otherwise interfere with or violate any other user’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Site without their express and informed consent;
- disable, circumvent, bypass, or otherwise avoid any measures used to prevent or restrict access to the Site or the account of another user or any other systems or networks connected to the Site, by hacking, password mining, or other illegitimate or prohibited means;
- probe, scan, or test the vulnerability of the Site or any network connected to the Site;
- upload to the Site or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; or
- take any action that may impose an unreasonable or disproportionately large load on the infrastructure of the Site or our systems or networks connected to the Site, or otherwise interfere with or disrupt the operation of the Site, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks.
We reserve the right, but do not have the obligation, at our sole discretion to edit, delete, remove, or block any User Content that violates this Agreement, including, without limitation, this Section 8. In addition, we reserve the right at our sole discretion to terminate any user’s access to Site or the Unity Program if they violate this Section 8 or any other provision of this Agreement.
Hard Rock or its representatives have the right, but not the obligation, to monitor the Content of the Site to determine compliance with this Agreement. We retain our right to, and with our sole discretion, edit, refuse to post, or remove any material that we find to be in violation of this Agreement or infringing third-party rights or that is otherwise objectionable or offensive. This same discretion applies to our right of disclosure of any material submitted to the Site and circumstances surrounding its submission to any third party in order to operate the Site properly and to protect our sponsors, our visitors, and ourselves, and to comply with our legal obligations and government requests.
- Copyright Complaints.
Hard Rock respects the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, please provide the Hard Rock’s copyright agent the written information specified below:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail 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.
Hard Rock’s Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:
Hard Rock Support Services, LLC
d/b/a HR Unity Global Services
5701 Stirling Road
Davie, FL 33314
Attn: Legal Affairs Department
- Links to Third-Party Websites.
The Site may contain links to other websites operated by third parties not affiliated with Hard Rock (“Third-Party Websites”). All links to Third-Party Websites from the Site are provided for convenience only. We are not responsible for, and do not endorse, the content, products, or services that may be contained on the Third-Party Website. We have no obligation or liability with respect to any access by you of any Third-Party Websites, or for your use of any information, products, or services on the Third-Party Websites.
You should be aware that, when you enter a Third-Party Website, you are subject to the privacy policies and terms and conditions of use, which apply to that website. You should review those policies carefully after you execute the link.
- Hotel Reservations.
You may be able to book a room through the Site at one of the Hard Rock hotel locations or resorts. If you click a link for reservations, you will be taken to a third-party booking engine to make such a reservation. The terms and conditions of your reservation will be set forth on the reservation page for that booking engine, including guarantee, deposit, and cancellation policies for the reserved rate. Cancellations are pursuant to the specific hotel location’s cancellation terms. Failure to make any cancellations pursuant to the cancellation policy will result in loss of deposit; certain prepaid reservations may also be non-refundable.
You agree to defend, indemnify, and hold harmless the Hard Rock Affiliated Parties, their third-party service providers, and each of their respective directors, officers, employees, owners, licensors, licensees, and agents from and against all claims, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of a breach of this Agreement by you and/or your activities in connection with the Site or any services related to the Site or your User Content. You must immediately inform Hard Rock about any claim made by a third party. The Hard Rock Affiliated Parties may participate in the defense of any claim. You shall not settle any claim that affects the Hard Rock Affiliated Parties without their or our prior written approval.
- Limitation on Liability; Legal Disclaimer.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, HARD ROCK IS MAKING THE SITE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOUR USE OF THE SITE.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE HARD ROCK AFFILIATED ENTITIES WILL HAVE NO OBLIGATION OR LIABILITY WHATSOEVER IN CONNECTION WITH OR RESULTING FROM ANY ERRORS OR OMISSIONS IN ANY OF THE CONTENT ON THIS SITE OR FOR ANY DISRUPTIONS THIS SITE MAY CAUSE, OR FOR ANY RELIANCE ON OR USE OF SUCH CONTENT BY YOU.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT THE HARD ROCK AFFILIATED PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE SITE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NO ADVICE OR INFORMATION, WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM THE HARD ROCK AFFILIATED PARTIES, SHALL CREATE ANY WARRANTY ON BEHALF OF THE HARD ROCK AFFILIATED PARTIES IN THIS REGARD. SOME ASPECTS OF THIS SECTION 16 MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.
TO THE EXTENT APPLICABLE, NOTHING SET FORTH IN THIS SECTION AFFECTS YOUR STATUTORY RIGHTS AS A CONSUMER.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL THE HARD ROCK AFFILIATED PARTIES OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, VENDORS, SUPPLIERS OR AGENTS, BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INJURY, LOSS, CLAIM, OR DAMAGES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, OR USE OF, THE SITE, WHETHER BASED IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING THE FOREGOING, THE LAW OF YOUR JURISDICTION MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Nothing in this Agreement removes or limits Hard Rock Affiliated Parties’ liability for fraud, fraudulent misrepresentation, death, or personal injury caused by its gross negligence, and, if required by applicable law, negligence.
The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
- Governing Law; Jurisdiction.
This Agreement shall be governed by and construed in accordance with the applicable laws of the United States of America and the State of Florida, without giving effect to any choice of law or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Florida. By using this Site, you consent to the jurisdiction of the state courts of Broward County, Florida and the United States District Courts for the Southern District of Florida for any action or proceeding arising under or relating to this Agreement, the Site, or the use of, or reliance on, the Site.
- Tribal Sovereignty.
You acknowledge that Hard Rock is a subordinate economic entity of the Seminole Tribe of Florida, which retains and has not waived its sovereign immunity from suit or process. Nothing in this Agreement is intended, nor shall it be interpreted to, subject the Seminole Tribe of Florida to the jurisdiction of the federal courts, or the courts of the State of Florida or any other state or the courts of any jurisdiction outside of the United States of America.
- Class Action Waiver.
WHERE PERMITTED UNDER APPLICABLE LAW, YOU AND HARD ROCK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Hard Rock agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
- Contact Us.
If you have any questions or concerns about the Site or this Agreement, please contact us at [email protected].