Solage

Full Legal Policy

Our commitment to accessibility

Auberge Resorts LLC strives to provide individuals with disabilities access to our services, including through our website. If you have questions, comments, or encounter any difficulty in using the website, please contact accessibility@aubergeresorts.com or:

 

Accessibility Inquiries
Auberge Resorts LLC
33 Reed Blvd.
Mill Valley, California 94941

PRIVACY NOTICE

Your privacy concerns and trust are important to Auberge Resorts LLC. This Privacy Notice has been prepared to help you understand what information is collected through your interactions with Auberge Resorts LLC, with properties that are part of the Auberge Resorts Collection or anywhere this Privacy Notice is posted, and how this information is used. If you have questions about this Privacy Notice, you may contact us here. To the extent permitted by applicable jurisdiction, by accessing the website for Auberge Resorts LLC or an Auberge Resorts Collection property where this notice is posted, you consent to this Privacy Notice.


 

WHAT INFORMATION IS COLLECTED?

“Personal data” is the information that identifies you as an individual. For example, your name or contact information is personal data. Personal data is collected in order to support business operations and to provide products and services offered by Auberge Resorts LLC or the properties that are part of the Auberge Resorts Collection. The type of personal data collected depends on your interactions with and use of Auberge Resorts LLC’s services and those of the properties that are part of the Auberge Resorts Collection.

 

Some Personal Data Is Provided By You

Some personal data is collected when you use the website and some personal data is collected when you check in or use a service offered by Auberge Resorts LLC or a property that is part of the Auberge Resorts Collection. For example, you provide personal data when you:

  • Contact or use services offered by Auberge Resorts LLC or a property that is part of the Auberge Resorts Collection.
  • Book a stay.
  • Check-in to an Auberge Resorts Collection property.
  • Sign up to receive communications.
  • Participate in a promotion, contest or survey.
  • Send a direct message via email or on social media.
  • Enter into a contract or agreement with Auberge Resorts LLC or a property that is part of the Auberge Resorts Collection.

You may choose not to provide certain personal data; however, you may be unable to use a certain product or service or be unable to access certain functionalities of the website. For example, your name and contact information are needed to make a reservation.

 

Some Personal Data Is Received From Third Parties

Some personal data is received from third parties, such as from business affiliates of Auberge Collection LLC, through technology such as cookies, and when you use third party services, such as booking sites to make a reservation.

 

Some Data Is Collected On The Website

The website for Auberge Resorts LLC and Auberge Resorts Collection properties collects aggregated analytics data about site visitors, such as your internet protocol (IP) address, which alone cannot be used to identify you specifically. This information is used to learn about how the website is used and to send you marketing that may be more interesting to you. In some circumstances, such as if you make a purchase through this site, some of this analytics data can become attributable to you. In such an instance, this analytics information is treated as personal data consistent with this Privacy Notice. If you visit the website and do not provide any personal data during your visit, this analytics data is not attributed to you.

 

 

 

THIRD PARTY LINKS ON THE WEBSITE

 

This website may contain links to other third party websites for your convenience. Auberge Resorts LLC is not responsible for the privacy policies and practices of other third parties and any information that you submit to a third party is subject to their privacy policy. Once you leave the website for Auberge Resorts LLC and the properties that are part of Auberge Resorts Collection where this Notice is posted or are redirected to any third-party website, application, or other online service, you are encouraged to read and familiarize yourself with the privacy terms or policies applicable to that third party.

Please note that Auberge Resorts LLC is not the owner, developer, sponsor, or sales or marketing agent of affiliated third party websites, is not responsible for the content of affiliated third party websites, and cannot guarantee the accuracy or completeness of information of any information displayed on third party sites.

 

HOW IS INFORMATION THAT IS COLLECTED USED?

Personal data is used to communicate with you and to provide the products or services you have requested. It is also used to conduct business operations, to improve products and services offered by Auberge Resorts LLC, or by a property that is part of the Auberge Resorts Collection, and to send you marketing offers that may interest you.

 

 

HOW IS YOUR INFORMATION KEPT SECURE?

Physical, administrative and electronic safeguards are used to secure the confidentiality and integrity of personal data. While no method of data transmission or storage is 100% secure, and it is not possible to guarantee that a system or network will never be compromised, reasonable measures are taken to protect your personal data against loss, destruction, alteration, or unauthorized access or disclosure. It is your responsibility to keep your passwords confidential.

 

DATA TRANSFERS AND PROCESSING

Auberge Resorts Collection is a collection of properties in locations throughout the United States, and internationally such as in the Caribbean and Central America. To provide services, you acknowledge that your personal data may be shared with properties that are part of Auberge Resorts Collection or with third parties in locations around the world for the purposes described in this Privacy Notice. Auberge Resorts LLC and the properties that are part of the Auberge Resorts Collection store and process data both inside and outside of the United States. Countries where data is processed may have data protection laws that differ from those in your own country.

 

EU Visitors

Your personal data is processed, including any necessary data transfers out of the European Economic Area “EEA,” when you have consented to such processing or if it is necessary for the performance of a contract taken at your request or concluded in your interest.

 

DATA RETENTION

Retention of personal data can vary based on certain circumstances or obligations. For example, personal data is retained for as long as it is necessary to provide the products or services you have requested or for other legal compliance or essential business purposes such as enforcing contracts, maintaining security, or dispute resolution.

 

CHILDREN’S ONLINE PRIVACY

This website is a general audience site and is not intended for use by children under 18. If you become aware that a child under 18 years of age has provided personal data through the site, notify Auberge Resorts LLC by email at privacy@aubergeresorts.com. If Auberge Resorts LLC, becomes aware that a child under age 18 years of age has provided personally identifiable information through this website, Auberge Resort LLC, will take steps to immediately delete it.

 

HOW TO ACCESS AND CONTROL YOUR PERSONAL DATA

You have choices about how to manage your personal data and what types of communications you receive from Auberge Resorts LLC or from the properties that are part of the Auberge Resorts Collection. Please contact Auberge Resorts LLC to exercise these choices. Auberge Resorts LLC will endeavor to respond to your inquiry within 30 days. Please note that there may be a legal obligation to preserve certain data and that additional information may be requested from you in order to confirm your identity. This is to ensure that your personal data is not disclosed to a person who does not have a right to receive it.

 

Email Communications

You may choose to opt-out of receiving certain email communications by following the instructions in the email to unsubscribe.

 

Text Messaging

You may choose to opt-out of receiving text messaging from Auberge Resorts LLC or from the properties that are part of the Auberge Resorts Collection by contacting Auberge Resorts LLC, by notifying the front desk at the resort or by following the option to unsubscribe in the text message.

 

Access To Your Personal Data

You may contact Auberge Resorts LLC directly by email or postal mail to: request access to, correct, change or delete your personal data.

 

EU Visitors

In accordance with the requirements of Regulation (EU) 2016/679, or “GDPR,” if you are an EU visitor, you have certain rights and may make a “Subject Access Request” to exercise them. Under certain circumstances, you have the right to: Request access to your personal data; Request correction of your personal data; Request erasure of your personal data; Object to some processing of your personal data; Request restriction of processing of your personal data; Request the transfer of your personal data to you or to a third party; Withdraw your consent; Object to being subject to automated decision-making; or Lodge a complaint. In such an instance, first contact Auberge Resorts LLC directly to resolve any issue. If you wish to exercise any of these rights by making a Subject Access Request, please contact Auberge Resorts LLC.

 

COOKIES & OTHER SIMILAR TECHNOLOGIES

Like many other websites, this site uses cookies and other similar technologies like web beacons or pixels to improve performance of the website or to provide more relevant ads. Cookies are small text files sent from a website and stored on your browser while you visit a website. Cookies track how you use a website and enable the website to remember your preferences and settings and help us analyze how the website is performing.
When you visit this website, Auberge Resorts LLC or an authorized third party service provider may place a cookie on your browser which can collect information, including personal data, about your online activities over time or across different sites. Many web browsers are set up to accept cookies automatically, but you may change your cookie preferences through the options available in your web browser. You may choose not to receive certain cookies, however please note this may affect the availability of certain features of our website.

 

ANALYTICS


Third party analytics services, such as Google Analytics, are used to understand how this website is accessed and used to improve the performance of the website and to send you marketing information that may interest you. You can learn more about Google Analytics at https://www.google.com/policies/privacy/partners/ and you may choose to opt-out by visiting https://tools.google.com/dlpage/gaoptout.

 

MARKETING


Depending on your browser settings, third party marketing services may set cookies, pixels and other similar technologies to collect data about your online activity when you visit this website in order to provide more relevant advertising and provide an optimized experience on other websites that you visit where Auberge Resorts LLC and the Auberge Resorts Collection properties may buy advertising.
You may change your cookie preferences in your web browser settings. Please review the options available in the web browser that you are using to make changes to your cookie preferences.

 

HOW TO CONTACT AUBERGE RESORTS LLC

Email: privacy@aubergeresorts.com
Postal Mail: Attention: Privacy
Auberge Resorts LLC
33 Reed Blvd.
Mill Valley, California 94941

 

YOUR CALIFORNIA RIGHTS

If you are a California resident, California Civil Code Section 1798.83 permits you to make an annual request for information regarding the disclosure of categories of your personal data that Auberge Resorts LLC has shared with a third party for the third party’s direct marketing purposes. To make this request, please send an email to privacy@aubergeresorts.com or write to us at:

California Privacy Rights

Auberge Resorts LLC
33 Reed Blvd.

Mill Valley, California 94941

Auberge Resorts LLC will endeavor to respond to your request within 30 days.

 

DO NOT TRACK DISCLOSURE

Do Not Track is a privacy preference that can be set in a web browser. This website does not recognize Do Not Track browser settings or signals at this time because there is no agreed upon standard for how to interpret these signals yet. For information about Do Not Track, please visit https://allaboutdnt.com/.

 

CHANGES TO THIS PRIVACY NOTICE

This Privacy Notice is effective as of May 23, 2018. From time to time it may become necessary to update or change this Privacy Notice and you are encouraged to periodically check here for the most current version. If significant changes are made, Auberge Resorts, LLC will provide you with appropriate notice, which may include a conspicuous notice on the website or email notification. Your continued use of the Auberge Resorts Collection website where this notice is posted constitutes your agreement to this Privacy Notice to the extent permitted by applicable jurisdiction.

WHAT INFORMATION IS COLLECTED?

“Personal data” is the information that identifies you as an individual. For example, your name or contact information is personal data. Personal data is collected in order to support business operations and to provide products and services offered by Auberge Resorts LLC or the properties that are part of the Auberge Resorts Collection. The type of personal data collected depends on your interactions with and use of Auberge Resorts LLC’s services and those of the properties that are part of the Auberge Resorts Collection.

Some Personal Data Is Provided By You.

Some personal data is collected when you use the website and some personal data is collected when you check in or use a service offered by Auberge Resorts LLC or a property that is part of the Auberge Resorts Collection. For example, you provide personal data when you:

  • Contact or use services offered by Auberge Resorts LLC or a property that is part of the Auberge Resorts Collection.
  • Book a stay.
  • Check-in to an Auberge Resorts Collection property.
  • Sign up to receive communications.
  • Participate in a promotion, contest or survey.
  • Send a direct message via email or on social media.
  • Enter into a contract or agreement with Auberge Resorts LLC or a property that is part of the Auberge Resorts Collection.

You may choose not to provide certain personal data; however, you may be unable to use a certain product or service or be unable to access certain functionalities of the website. For example, your name and contact information are needed to make a reservation.

Some Personal Data Is Received From Third Parties.

Some personal data is received from third parties, such as from business affiliates of Auberge Collection LLC, through technology such as cookies, and when you use third party services, such as booking sites to make a reservation.

Some Data Is Collected On The Website.

The website for Auberge Resorts LLC and Auberge Resorts Collection properties collects aggregated analytics data about site visitors, such as your internet protocol (IP) address, which alone cannot be used to identify you specifically. This information is used to learn about how the website is used and to send you marketing that may be more interesting to you. In some circumstances, such as if you make a purchase through this site, some of this analytics data can become attributable to you. In such an instance, this analytics information is treated as personal data consistent with this Privacy Notice. If you visit the website and do not provide any personal data during your visit, this analytics data is not attributed to you.

 

TYPE OF INFORMATION COLLECTED

 

This website may contain links to other third party websites for your convenience. Auberge Resorts LLC is not responsible for the privacy policies and practices of other third parties and any information that you submit to a third party is subject to their privacy policy. Once you leave the website for Auberge Resorts LLC and the properties that are part of Auberge Resorts Collection where this Notice is posted or are redirected to any third-party website, application, or other online service, you are encouraged to read and familiarize yourself with the privacy terms or policies applicable to that third party.

Please note that Auberge Resorts LLC is not the owner, developer, sponsor, or sales or marketing agent of affiliated third party websites, is not responsible for the content of affiliated third party websites, and cannot guarantee the accuracy or completeness of information of any information displayed on third party sites.

 

Personal data is used to communicate with you and to provide the products or services you have requested. It is also used to conduct business operations, to improve products and services offered by Auberge Resorts LLC, or by a property that is part of the Auberge Resorts Collection, and to send you marketing offers that may interest you.

 

 

WHEN IS INFORMATION SHARED?

Personal data is shared with your consent or to complete the transaction of a service you have requested or authorized. Personal data is also shared with Auberge Resorts LLC affiliates, vendors and third party service providers to process on behalf of Auberge Resorts LLC or on behalf of the properties that are part of the Auberge Resorts Collection, for purposes described in this Notice. Personal data may also be shared if required by law, to protect customers or others, to maintain security, or for Auberge Resorts LLC or the properties that are part of Auberge Resorts Collection to operate their businesses. Auberge Resorts LLC and Auberge Resorts Collection properties will not sell or rent your personal data to third parties without your permission.

 

When Is Information Shared?

Personal data is shared with your consent or to complete the transaction of a service you have requested or authorized. Personal data is also shared with Auberge Resorts LLC affiliates, vendors and third party service providers to process on behalf of Auberge Resorts LLC or on behalf of the properties that are part of the Auberge Resorts Collection, for purposes described in this Notice. Personal data may also be shared if required by law, to protect customers or others, to maintain security, or for Auberge Resorts LLC or the properties that are part of Auberge Resorts Collection to operate their businesses. Auberge Resorts LLC and Auberge Resorts Collection properties will not sell or rent your personal data to third parties without your permission.

Like many other websites, this site uses cookies and other similar technologies like web beacons or pixels to improve performance of the website or to provide more relevant ads. Cookies are small text files sent from a website and stored on your browser while you visit a website. Cookies track how you use a website and enable the website to remember your preferences and settings and help us analyze how the website is performing.

When you visit this website, Auberge Resorts LLC or an authorized third party service provider may place a cookie on your browser which can collect information, including personal data, about your online activities over time or across different sites. Many web browsers are set up to accept cookies automatically, but you may change your cookie preferences through the options available in your web browser. You may choose not to receive certain cookies, however please note this may affect the availability of certain features of our website.

 

 

Physical, administrative and electronic safeguards are used to secure the confidentiality and integrity of personal data. While no method of data transmission or storage is 100% secure, and it is not possible to guarantee that a system or network will never be compromised, reasonable measures are taken to protect your personal data against loss, destruction, alteration, or unauthorized access or disclosure. It is your responsibility to keep your passwords confidential.

Auberge Resorts Collection is a collection of properties in locations throughout the United States, and internationally such as in the Caribbean and Central America. To provide services, you acknowledge that your personal data may be shared with properties that are part of Auberge Resorts Collection or with third parties in locations around the world for the purposes described in this Privacy Notice. Auberge Resorts LLC and the properties that are part of the Auberge Resorts Collection store and process data both inside and outside of the United States. Countries where data is processed may have data protection laws that differ from those in your own country.

EU Visitors: Your personal data is processed, including any necessary data transfers out of the European Economic Area “EEA,” when you have consented to such processing or if it is necessary for the performance of a contract taken at your request or concluded in your interest.

 

DATA RETENTION


Retention of personal data can vary based on certain circumstances or obligations. For example, personal data is retained for as long as it is necessary to provide the products or services you have requested or for other legal compliance or essential business purposes such as enforcing contracts, maintaining security, or dispute resolution.

 

This website is a general audience site and is not intended for use by children under 18. If you become aware that a child under 18 years of age has provided personal data through the site, notify Auberge Resorts LLC by email at privacy@aubergeresorts.com. If Auberge Resorts LLC, becomes aware that a child under age 18 years of age has provided personally identifiable information through this website, Auberge Resort LLC, will take steps to immediately delete it.

You have choices about how to manage your personal data and what types of communications you receive from Auberge Resorts LLC or from the properties that are part of the Auberge Resorts Collection. Please contact Auberge Resorts LLC to exercise these choices. Auberge Resorts LLC will endeavor to respond to your inquiry within 30 days. Please note that there may be a legal obligation to preserve certain data and that additional information may be requested from you in order to confirm your identity. This is to ensure that your personal data is not disclosed to a person who does not have a right to receive it.

 

Email Communications: You may choose to opt-out of receiving certain email communications by following the instructions in the email to unsubscribe.

 

Text Messaging: You may choose to opt-out of receiving text messaging from Auberge Resorts LLC or from the properties that are part of the Auberge Resorts Collection by contacting Auberge Resorts LLC, by notifying the front desk at the resort or by following the option to unsubscribe in the text message.

 

Access To Your Personal Data: You may contact Auberge Resorts LLC directly by email or postal mail to: request access to, correct, change or delete your personal data.

 

EU Visitors: In accordance with the requirements of Regulation (EU) 2016/679, or “GDPR,” if you are an EU visitor, you have certain rights and may make a “Subject Access Request” to exercise them. Under certain circumstances, you have the right to: Request access to your personal data; Request correction of your personal data; Request erasure of your personal data; Object to some processing of your personal data; Request restriction of processing of your personal data; Request the transfer of your personal data to you or to a third party; Withdraw your consent; Object to being subject to automated decision-making; or Lodge a complaint. In such an instance, first contact Auberge Resorts LLC directly to resolve any issue. If you wish to exercise any of these rights by making a Subject Access Request, please contact Auberge Resorts LLC.

If you are a California resident, California Civil Code Section 1798.83 permits you to make an annual request for information regarding the disclosure of categories of your personal data that Auberge Resorts LLC has shared with a third party for the third party’s direct marketing purposes. To make this request, please send an email to privacy@aubergeresorts.com or write to us at:

California Privacy Rights
Auberge Resorts LLC
33 Reed Blvd.
Mill Valley, California 94941

Auberge Resorts LLC will endeavor to respond to your request within 30 days.

This Privacy Notice is effective as of May 23, 2018. From time to time it may become necessary to update or change this Privacy Notice and you are encouraged to periodically check here for the most current version. If significant changes are made, Auberge Resorts, LLC will provide you with appropriate notice, which may include a conspicuous notice on the website or email notification. Your continued use of the Auberge Resorts Collection website where this notice is posted constitutes your agreement to this Privacy Notice to the extent permitted by applicable jurisdiction.

AUBERGE RESORTS COLLECTION
USER GENERATED CONTENT TERM & CONDITIONS

 


This User Generated Content Terms and Conditions agreement (“Terms”) is between you (“user”, “you”) and Auberge Resorts LLC, including its affiliated companies within the Auberge Resorts collection of properties (“Auberge Resorts”, “we”, “our”, “us”), and governs our use of your User Generated Content, as defined below, that you post or share using third-party platforms or websites such as Twitter, Instagram and Facebook (“Third-Party Sites”), or which you upload directly to our website at aubergeresorts.com or any subdomain where these Terms are posted (“Auberge Resorts Sites”).  

 

By posting or sharing photos, text, graphics, audio, video, location information, comments and other materials (“User Generated Content”) on Third-Party Sites using a geotag associated with an Auberge Resort collection property or a hashtag designated by one of our properties, you are making a submission (“Submission”) to Auberge Resorts LLC and/or its affiliated properties, and you agree to the following Terms.

 

We, and our service provider, utilize hashtags affiliated with Auberge Resorts properties, or geotags that connect User Generated Content to an Auberge Resort property, to identify Submissions.  If your Submission is selected by Auberge Resorts, it may be displayed or appear on an Auberge Resorts Site together with your name and other identifying information, including without limitation any social media identifier, handle, or profile picture.

 

Auberge Resorts has designated several hashtags which you may use to make a Submission to properties within the Auberge Resorts Collection (“Designated Hashtags”), including but not limited to:

 

Auberge Resorts Collection Property Hashtag
Auberge du Soleil #aubergedusoleil
Solage Resort #SolageResort
Calistoga Ranch #CalistogaRanch
Madeline Hotel & Residences #madelinetelluride
Hotel Jerome #HotelJerome and #HotelJeromeFan
Chileno Bay Resorts & Residences #chilenobaycabo
Esperanza Resort #esperanzaresort
Hacienda AltaGracia #HaciendaAltaGracia
Mukul #OnlyNica
Nanuku #NanukuAubergeResort
Grace Hotels #gracehotels
Element 52 #Element52
Mayflower Inn & Spa #gracemayflower
Vanderbilt #gracevanderbilt, #gracevanderbilthotel
White Barn Inn #WhiteBarn, #GraceWhiteBarn
Grace Hotel Santorini #gracehotelsantorini, #gracehotel
Grace Mykonos #gracemykonoshotel, #gracemykonos
Malliouhana #Malliouhana
Blue Sky #BlueSky #BlueSkyRanch
Auberge Resorts #AlwaysAuberge  #AubergeFan

 

USER GENERATED CONTENT LICENSE



You retain any copyright or other intellectual property rights that you may have in your User Generated Content.  You hereby grant to Auberge Resorts LLC and its related companies, agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers (collectively, the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable license to use your User Generated Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to using, copying, distributing, publishing, exhibiting, reproducing, digitizing, modifying, adapting, creating derivative works from, publicly performing, publicly displaying, incorporating, and otherwise exploiting such User Generated Content in connection with the Auberge Resorts Sites.  We reserve the right, in our sole discretion, to determine which User Generated Content to use. We may publish, review, modify or remove all or part of your User Generated Content at our sole discretion.

The Licensed Parties may assign or sublicense all or a portion of their rights under this agreement, including this license, without your prior consent or any payment to you.  You acknowledge and agree that: (a) the Licensed Parties have the right to arrange the posting of User Generated Content in any way in their sole discretion without your prior approval; (b) the Licensed Parties have no obligation to provide you with any credit or other attribution when using your User Generated Content, provided, however, if the Licensed Parties choose to provide you with credit, the size and placement of the credit shall be in their sole discretion; (c) any “moral rights” in your User Generated Content are waived; and (d) you are not entitled to any compensation or other payment from the Licensed Parties in connection with use of your User Generated Content. You agree that you will have no approval rights, no claim to compensation, no claim (including, without limitation, claims based upon breach of privacy, defamation or intellectual property infringement) against the Licensed Parties arising out of any use (in accordance with the terms hereof), blurring, alteration, editing, distortion, faulty reproduction, or use in any composite form of the User Generated Content.  

 

In connection with any use of your User Generated Content, you grant the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice.

 

You acknowledge that by granting permission to use your User Generated Content it is deemed non-confidential and the Licensed Parties have no obligation to maintain the confidentiality of any information contained in the User Generated Content, in whatever form, except pursuant to the Licensed Parties privacy policies.  If you do not agree to the collection, use and disclosure of your personal information in this way, you should not use the Designated Hashtags and you should refrain from otherwise providing the Licensed Parties with personal information.

 

REPRESENTATION, WARRANTIES AND INDEMNIFICATION

 

You represent and warrant that:

(1) you are 18 years of age or older and you have the legal right and capacity to agree to these Terms;

(2) you are solely responsible for your User Generated Content;

(3) you own all rights in and to your User Generated Content and/or have obtained the appropriate rights and permissions from any and all other persons or entities who own, manage, or otherwise claim any rights with respect to such User Generated Content;

(4) the Licensed Parties’ use of your User Generated Content as described herein will not infringe upon, misappropriate or otherwise violate the rights of any other person or entity including, without limitation, copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights of any third party, or any applicable law, rule or regulation;

(5) the User Generated Content does not contain any content that is inappropriate, indecent, obscene, hateful, tortuous, defamatory, slanderous or libelous;

(6) the User Generated Content does not contain any advertising or other commercial content;

(7) you are responsible for all royalties, fees and other monies owed related to your User Generated Content; and

(8) you will adhere to the applicable terms and conditions of any Third-Party Sites where you have uploaded or posted your User Generated Content.

 

YOU HEREBY AGREE TO INDEMNIFY AND HOLD THE LICENSED PARTIES HARMLESS FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, ACTIONS OR PROCEEDINGS OF ANY KIND AND FROM ANY AND ALL DAMAGES, LIABILITIES, COSTS AND EXPENSES RELATING TO OR ARISING OUT OF ANY BREACH OR ALLEGED BREACH OF ANY OF THESE WARRANTIES AND REPRESENTATIONS.



DELETION OF USER GENERATED CONTENT

 

To request removal of your User Generated Content, or if you have questions regarding these Terms or requests concerning your personal information, please contact us by email at privacy@aubergeresorts.com.

 

You may request that we remove your User Generated Content from the Auberge Resorts Sites and we will take commercially reasonable steps to delete your User Generated Content.  Notwithstanding the foregoing, you acknowledge that we may be unable to fully delete all of your User Generated Content, for example, we may be unable to remove User Generated Content that is posted to third party websites.  We reserve the right to retain copies of User Generated Content as necessary for legal or compliance purposes.

 

You acknowledge and agree that the Licensed Parties have no obligation to use your User Generated Content, or any portion thereof, and have the right (but not the obligation), in their sole discretion, to pre-screen, review and remove User Generated Content from the Auberge Resorts Sites.  You further understand and agree that, in their sole discretion, the Licensed Parties may remove any User Generated Content from the Auberge Resorts Sites at any time, for any reason, with or without notice to you.

 

 

AUBERGE RESORTS’ INTELLECTUAL PROPERTY RIGHTS

 

The Auberge Resorts Sites may be protected by copyright, trademark, and other intellectual property laws.  You acknowledge and agree that by authorizing use of your User Generated Content you do not acquire any ownership or other rights in intellectual property or other proprietary information owned by Auberge Resorts.


LIMITATION OF LIABILITY & DAMAGES



You hereby agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with the User Generated Content or these Terms shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards in your favor shall be limited to actual out of pocket costs incurred, including costs associated with Submitting the User Generated Content, but in no event will your attorneys’ fees be recoverable; and (c) under no circumstances, including for negligence, will any Licensed Party be liable to you for punitive, incidental or consequential damages, lost data, lost profits and/or any other damages. You acknowledge and agree that the neither the Licensed Parties nor any of their officers, directors, or employees are responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with the User Generated Content (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on your rights of publicity or privacy, or a claim for defamation). Under no circumstances will any of the Licensed Parties be held liable for any damage to computer systems, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information.  TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT WILL ANY OF THE LICENSED PARTIES’ TOTAL LIABILITY (IN THE AGGREGATE) TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USER GENERATED CONTENT WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE EXCEED FIVE HUNDRED DOLLARS ($500.00).

 

 

MODIFICATIONS TO THE TERMS

 

From time to time we may need to make changes to these Terms, including to address changes in technology or law, and we encourage you to review these Terms each time you grant us permission to use your User Generated Content.  We reserve the right to alter these Terms at any time without advance notice to you by posting a revised Terms and Conditions. Any changes or modifications will be effective immediately upon posting.



SEVERABILITY

 

If any part of these Terms is found to be invalid, unlawful or unenforceable by a court of competent jurisdiction, the invalid, unlawful or unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties.  All other provisions of these Terms shall remain in full force and effect.




GOVERNING LAW AND JURISDICTION

 

This Agreement shall be governed by and construed in accordance with the laws of the State of California in the United States of America, notwithstanding any conflict of law rules.  To the fullest extent permitted by applicable law, you agree to submit to the personal jurisdiction of the state courts in or for Marin County, California, and Federal District Court in the Northern District of California for the purpose of litigating all such claims or disputes arising under this agreement.

 

These Terms are personal to you and may not be assigned or transferred by you for any reason whatsoever without Auberge Resorts’ prior written consent.

 

Last updated:  October 22, 2018