SILVER CLOUD HOTELS TERMS AND CONDITIONS
Welcome to the www.silvercloud.com website (“Website”) operated by Silver Cloud, Inc. dba Silver Cloud Inns (“Silver Cloud,” “we,” “our,” or “us”). Silver Cloud currently owns and operates properties (each a “Property” and collectively, “Properties”) throughout Washington and Oregon and continues to provide extraordinary customer service, room bookings and reservations, meeting and event spaces and services and other superior services (the “Services”) to guests through and on the Website, and any other website that Silver Cloud owns or operates (collectively with the Website, the “Sites”).
By accessing the Sites, you accept and agree to comply with the terms and conditions set out below (“Terms”), as well as the Privacy Policy at [link] (the “Privacy Policy”). These Terms apply to the entire Website and the Sites, including their content and any pages or documents referred to herein. DO NOT ACCESS OR USE THE SITES IF YOU DO NOT AGREE TO THESE TERMS.
These Terms govern your use of the Sites on all platforms for which one exists.
THE SITES
The Sites and all of the content and Services made available by Silver Cloud through the Sites are protected by copyright and are either owned by or licensed to Silver Cloud. They are provided to you for your personal, non-commercial use only and your access to and use of them are subject to these Terms. The Products and Services available through the Sites are subject to change and, in some cases, may be subject to additional terms of use. For example, some Services and features may require you to create a Silver Rewards Account or pay a subscription or other fee. We will make reasonable efforts to notify you when additional terms apply or fees or registration is required.
SILVER REWARDS MEMBERSHIP ACCOUNT
he Sites are generally accessible by the public. However, certain features available through the Sites may require you to setup a Silver Rewards Membership Account (“Silver Rewards Account”). For example, you are required to register a Silver Rewards Account to access and manage reservation records.
You can register a Silver Rewards Account by clicking on the “Silver Rewards” tab on the Website and following the instructions for setting up your account. To complete the registration process, you will be required to provide certain information about yourself, including your name, email address, and other information.
By setting up a Silver Rewards Account, you agree (a) to provide accurate and current information about you as may be required during the registration process (“Registration Data”); (b) not to impersonate or misrepresent your affiliation with any person or entity or use another person’s username, password or other account information, or provide false details for a parent or guardian; (c) to maintain the security of your Silver Rewards Account password; (d) to maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate and current; (e) to accept all risks of unauthorized access to the Registration Data and any other information you provide to us; and (f) to notify us immediately of any unauthorized use of your Silver Rewards Account or password or of any other breach of security regarding your Silver Rewards Account by emailing us at privacy [at] silvercloud [dot] com.
Note that by setting up a Silver Rewards Account, you represent and warrant that:
All of the information you submit for your Silver Rewards Account is true and accurate;
You are at least 18 years of age;
You have reviewed these Terms; and
You are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms, and to abide and comply with them.
PURCHASING SERVICES
To complete a purchase on the Sites, you must click “Reserve” for the desired Services and enter any information required to complete the purchase. You acknowledge that simply clicking “Reserve” for the Services prior to completing your purchase does not guarantee that you may purchase those Services. If between clicking “Reserve” for the Services and completing the purchasing process, the Services inventory is exhausted or availability has changed, such Services will be automatically withdrawn from the order and you will not be responsible for making a payment for those Services.
All purchases from Silver Cloud are subject to these Terms, including, but not limited to, our applicable policies for cancellations, pricing, and payments, all of which may be accessed via the Sites. In addition, some purchases may be subject to individual purchase terms and instructions, which would be listed on the applicable Services page(s). Before making any purchase, you should be sure to read these Terms AND any individual purchase terms carefully. In the event of a conflict between the general purchase Terms here and the individual purchase terms, the individual purchase terms will govern.
Silver Cloud attempts to ensure that the content, Services descriptions, prices, and other information on the Sites are as accurate as possible. However, Silver Cloud does not warrant or guarantee that any information on the Sites is accurate, complete, or error-free, and Silver Cloud undertakes no commitment or obligation to update any content, Services descriptions, or other information on the Sites. Silver Cloud may at any time change the content, Services descriptions, or other information on the Sites, and/or any aspect of the Sites, without prior notice. Silver Cloud also reserves the right to limit quantities of any of the Silver Cloud Services purchased by any individual guest, and to revise, suspend, or terminate any special event, promotion, or special offer at any time and without advance notice, at Silver Cloud’s sole discretion. All prices and promotions are subject to inventory availability and limited time duration.
PAYMENT PROCESSING
We use third party vendors to process payment for Services purchased through the Sites (“Payment Processors”). Please review our Privacy Policy, above, regarding collection of your payment or credit card information by Payment Processors. You acknowledge that we are not responsible for any error by the Payment Processor and, by submitting your payment for Services on the Sites, you authorize us, through the Payment Processor, to charge your payment or credit card accordingly.
PERSONAL INFORMATION
We may collect certain information from you in order to properly operate the Sites, to fulfill the Services or subscriptions, or to enable certain features on the Sites. Please review our Privacy Policy, above, regarding our collection and use of your information.
LIMITED LICENSE
All of the content and materials available on or through the Sites are protected by copyright and owned by Silver Cloud or its licensors or licensees. Further, all trademarks or service marks, including Silver Cloud, Inc., trade names, trade dress, and other indicia identifying the Sites and the Services (the “Marks”) are owned by Silver Cloud. You do not obtain any rights in the Marks, or in any of the Services (except for your shared content) available on the Sites by your use of the Sites or otherwise. However, so long as you comply with these Terms, you do receive a limited license to use the Sites as provided below. All rights in the Sites and the Services are reserved to their respective owners.
Subject to these Terms, Silver Cloud grants you a personal, non-transferable, non-exclusive, and revocable limited license to access and use the Sites and Services descriptions for your own personal, non-commercial use. This license includes the right to (a) copy and download materials from the Sites as needed for you to view them through your browser, and (b) capture screenshots of the Services and their descriptions for your personal reference, provided you do not delete or modify any included copyright or other proprietary notices. Silver Cloud reserves the right to revoke this license at its sole discretion upon notice to you, in which case you shall cease all use of the licensed materials.
LIMITATIONS
The license granted to you above is subject to certain restrictions. You may not resell any of the Services or use the Marks in connection with any product(s) or services, without our express written consent.
In addition, under no circumstances are you permitted to do any of the following:
Resell or otherwise commercialize the Services, in part or in whole, or any other function or feature of the Sites;
Restrict or inhibit any other user from using and enjoying the Sites or purchasing Services from the Sites;
Use the Sites or any content available on the Sites other than for their intended purpose;
Use any data mining, scraper, spider robots, or similar data gathering or extraction methods to access, monitor, or copy any content available on the Sites;
Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; or
Violate these Terms or any applicable laws in connection with your access and use of the Sites.
COPYRIGHT COMPLAINT PROCEDURE
We will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own copyrights in a work posted on the Sites and believe that your intellectual property rights in that work have been infringed upon by an improper posting or distribution of it via the Sites, you may send Silver Cloud a written notice that includes all of the following:
A legend or subject line that says: “DMCA Copyright Infringement Notice”;
A description of the copyrighted work that you claim has been infringed;
The URL of the Sites and a description of where the material that you claim is infringing is located on that Sites page;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
Your electronic or physical signature.
The above notice should be sent to the contact below.
By mail:
Silver Cloud Hotels
103 118th Avenue SE, Suite 300
Bellevue, WA 98005
By e-mail:
privacy@silvercloud.com
SITES USE AND ACCESS
The Sites will be available for access to the general public. However, we do not guarantee that the Sites will be accessible at all times, without interruption, or at any given time.
Your access to the Sites may be temporarily suspended due to system errors or maintenance windows or for any reason beyond our control. Further, we may suspend or terminate your access to the Sites or the Services, at our sole discretion and without prior notice to you, if you violate any of these Terms. You acknowledge that we are not liable for any losses or damages, including loss of your content, resulting from the suspension or termination of your access to the Sites or the Services.
USER GENERATED CONTENT
We may allow you to submit, upload or otherwise make available text, images, audio, video, Contest (as defined below) entries or other content (“Your Content”) through the Sites. You may also be able to provide an evaluation (rating and brief statement) of Services purchased through the Sites. All submissions you make to us through the Sites must comply with these Terms. Your Content will be treated as non-confidential and nonproprietary, and we will not assume any responsibility, obligation, or liability for them or for our receipt or non-receipt of them. Silver Cloud may delete or destroy Your Content at any time. Our receipt of Your Content is not an admission by Silver Cloud of its novelty, priority, or originality, and it does not impair our right to contest existing or future intellectual property rights relating to Your Content.
By submitting or sending Your Content to Silver Cloud, you grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and fully transferable, assignable and sublicensable right and license to copy, reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit Your Content throughout the world in any and all media. You represent and warrant that: (a) you have the right and authorization to make the foregoing grant without the consent of any third party, and (b) Your Content is accurate and, as permitted to be used by Silver Cloud under these Terms, does not and will not infringe any right of any third party.
CONTESTS AND PROMOTIONS
Silver Cloud may provide contests, sweepstakes, and promotions (“Contests”) through the Sites. Contests that you participate in may have supplemental rules and conditions, but the following general rules apply unless otherwise stated.
- Eligibility. We may disqualify Contest entries that are late, misdirected, incomplete, corrupted, lost, illegible or invalid or where appropriate parental consent was not provided.
- Entries. Contest entries are limited to one per person and entries via agents or third parties or the use of multiple identities are not permitted. Use of automated entries, votes or other programs is prohibited and all such entries (or votes) will be disqualified.
- Prizes. No cash or alternative prizes are available, except that we reserve the right to substitute a similar prize of equal or greater value. Prizes cannot be transferred or sold by Contest winners. Unless otherwise disclosed in the prize description prior to entry, winners are responsible for all costs and expenses associated with claiming a prize. All taxes are solely the responsibility of each winner, although we reserve the right to withhold applicable taxes and each winner agrees to complete any required tax forms.
- Publicity. Your acceptance of a prize constitutes agreement to participate in reasonable publicity related to the competition and grants Silver Cloud an unconditional right to us to use your name, town or city and state, province or country, likeness, prize information and statements by you about the competition for publicity, advertising and promotional purposes and to comply with applicable law and regulations, all without additional permission or compensation. As a condition of receiving a prize, winners (or their parents or guardians) may be required to sign and return an affidavit of eligibility, liability release and publicity release.
- Applicable Law. Contests are subject to applicable international, federal, state, provincial/territorial and local laws, rules, ordinances, statutes, court decisions and regulations. Contests are void where prohibited by applicable law.
EMAIL COMMUNICATION
By creating a Silver Rewards Account, sending e-mails to Silver Cloud, or providing your email address to us on the Sites or otherwise, you consent to receiving email communications from us. Furthermore, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via the Sites or otherwise, satisfy any legal requirement that such communications be in writing. You may opt out of receiving communications from us by following the opt-out procedure provided in our Privacy Policy.
THIRD PARTY WEBSITES
In addition to Silver Cloud Services, the Sites may provide links and information about products, content, and services offered by or maintained by third parties. In some cases these may be accessible directly through the Sites. In others, access may be via links from the Sites to third party websites. We have no control over the content of these third party websites and we do not assume any obligation to review any of them. Further, we do not endorse, approve or sponsor any third party websites or any content, advertising, information, materials, products, services or other items on or available on or from them. We accept no responsibility for any third party materials or websites or for any losses or damages that may arise from your use of them. If you decide to access or use any third party materials or websites, you do so exclusively at your own responsibility and risk and you waive and release Silver Cloud from all claims associated with them.
The Sites may permit you to link to external social media sites, such as Facebook, Twitter, and Instagram. Your use of those sites will be governed by the terms of use applicable to them. Before using any of these social media sites, please check the applicable terms as they will be different from and in addition to these Terms.
DISCLAIMER AND RELEASE
YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT: (A) YOUR ACCESS AND USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES AND THE SERVICES AND CONTENT ON THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SILVER CLOUD AND ITS OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) SILVER CLOUD AND ITS OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES AND AGENTS MAKE NO WARRANTY THAT (i) THE SITES WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (ii) THE SERVICES OR CONTENT THAT MAY BE PURCHASED OR OBTAINED FROM THE SITES WILL BE RELIABLE OR ACCURATE, (iii) THE QUALITY OF ANY SERVICES, CONTENT, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE SITES OR ITS CONTENT WILL BE CORRECTED; (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR USE OF ANY SUCH MATERIAL; (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SILVER CLOUD OR THROUGH OR FROM THE SITES CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SILVER CLOUD AND ITS OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES AND AGENTS ARE NOT LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, CONTENT OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE OTHERWISE FORESEEABLE), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SITES OR RESULTS OF THE USE OF THE SITES OR ANY MATERIALS POSTED ON IT, HOWEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM OR AS A RESULT OF THE SITES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES OR SITES; OR (E) ANY OTHER MATTER RELATING TO THE SERVICES OR SITES.
The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. In any event, our aggregate liability shall not exceed USD $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS AND THE PREVIOUS PARAGRAPH MAY NOT APPLY TO YOU.
APPLICABLE LAW; DISPUTES
These Terms, together with the Privacy Policy and any individual purchase terms, constitute the entire agreement between you and Silver Cloud concerning your use of the Sites, superseding any prior agreements between you and Silver Cloud regarding the Sites. These Terms shall be subject to the laws of the State of Washington, without giving effect to its principles on conflict of laws.
BINDING ARBITRATION; CLASS ACTION WAIVER
Except for matters relating to the enforcement of Silver Cloud’s intellectual property rights, all disputes, controversies, or claims arising out of or relating in any way to the Sites, your participation in any of the features available through them and/or your purchase of any Services on the Sites shall be finally resolved by arbitration as provided below. You are giving up the right to litigate a dispute with Silver Cloud before a judge or jury. Arbitration shall be solely on an individual basis and expressly waive the ability to participate in a class or representative proceeding, including any class arbitration or representative arbitration proceedings. 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. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the agreement to arbitrate will remain in force. To the extent that you or Silver Cloud opts out of arbitration following the procedure set forth below, or if this arbitration agreement is found inapplicable to a dispute between us, you and Silver Cloud expressly waive the ability to participate in any class or representative litigation. An arbitral tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of this agreement to arbitrate.
If a dispute arises that is subject to arbitration, you must give Silver Cloud written notice and an opportunity to resolve it. Your notice must include your name, your address, a written description of the dispute, and a specific description of the relief you are seeking. If Silver Cloud does not resolve our dispute within 45 days after receiving your notice, you may pursue arbitration as provided below by sending a written demand for arbitration to Silver Cloud at the address set forth above in “Copyright Complaint Procedure.”
Any dispute or claim that is subject to arbitration but is not resolved by the pre-arbitration dispute process, shall be submitted to binding arbitration. The disputes and claims subject to arbitration will be resolved by a single arbitrator mutually agreed upon by you and Silver Cloud. If we cannot agree on an arbitrator, then an arbitrator shall be selected pursuant to Rule 12 of the Judicial Arbitration and Mediate Services (“JAMS”) Streamlined Arbitration Rules and Procedures. The arbitrator shall be bound by and shall strictly enforce these Terms and any other applicable agreement between us, and may not limit, expand, or otherwise modify any such terms. The arbitrator may award any relief that a court of law could, applying the limitations of liability contained in these Terms. The arbitrator may award injunctive relief if permitted by law – but the injunctive relief awarded by the arbitrator may not extend beyond our dealings with one another. Any arbitration will be held in Seattle, Washington, unless otherwise agreed upon by you and Silver Cloud in writing. You and Silver Cloud will each bear its own expenses in the arbitration and will share equally the costs of the arbitration; provided, however, that the arbitrator shall award costs and fees to the prevailing party if it is determined that the other party submitted a claim with no reasonable basis or filed any claim in bad faith.
You may opt out of the agreement to arbitrate by providing written notice of your intention to do so to Silver Cloud at the address above no later than 60 days after initial acceptance of these Terms. The procedure spelled out herein is the only way to opt out of arbitration, and any attempts to opt out after the deadline set forth herein will be ineffective. Notwithstanding your decision to opt out of arbitration, you still waive the ability to participate in any class or representative litigation.
Because the Sites and these Terms concern interstate commerce, the Federal Arbitration Act governs the interpretation and enforcement of the arbitration rules (notwithstanding the application of Washington law to any underlying claims as provided above). You agree the arbitration and other provisions of this section “Binding Arbitration; Class Action Waiver” survives any termination of these Terms.
SEVERABILITY
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
NOTICE TO INTERNATIONAL VISITORS
The Sites and the servers that make them available are located in the United States of America. If you reside in another country, these Terms may conflict with the laws of your country. In the event of such a conflict, these Terms will govern to the extent that they are valid and enforceable under applicable United States laws.
Silver Cloud makes no representation that the Sites are appropriate or available for use beyond the United States of America. If you use the Sites from other locations, you are responsible for compliance with applicable local laws.
QUESTIONS?
If you have any questions about these Terms, you may contact us at privacy@silvercloud.com.
Last updated and effective as of: 11/2022