Thank you for visiting our website at www.stayorli.com (“Site”) and the Orli La Jolla Boutique Hotel (the “Hotel,” and together with the Site, the (“Service”), operated by Orli La Jolla, LLC, doing business as Orli La Jolla (“Orli La Jolla,” “we,” “us,” or “our”). By accessing or using this Site or the Service, you agree to these Terms of Use. You should read these terms in conjunction with our Privacy Policy. If you do not agree, please do not use the Site or use the Service. In addition, when you use any Service, you will also be subject to our guidelines, terms, conditions and agreements applicable to those services. If these Terms of Use are inconsistent with the guidelines, terms and agreements applicable to those services, these Terms of Use will control.

If you are under 18, you may use the Site only with the involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Service Overview. The Service is designed to provide users of the Service (“Guest” or “Guests”) with the services, merchandise, and goods provided at or associated with the Hotel.

1. Eligibility

With some exceptions, you must be at least 18 years old to use the Service. By agreeing to these Terms of Use, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your use of the Service is in compliance with any and all applicable laws and regulations.

2. Personal Information, Data, & Privacy

We may collect information about a Guest when we provide the Services, information about the Guest through online questionnaires, online data input by a Guest, or directly provided by a Guest. As used in these Terms of Use, “Personal Information” and “Sensitive Information,” will have the meanings given to them in our Privacy Policy. In providing personalized Services, Orli La Jolla and its staff may access and use the following types of Personal Information, including Sensitive Information, that you voluntarily provide, either directly or indirectly, including through the use of any Service, Orli La Jolla website or portal, or any third-party website or software application connected to Orli La Jolla, including, but not limited to: your guest registration and contract information (e.g., date of birth, mailing address, email, phone number, dates of stay, and travel itinerary), and other contact information or payment methods. Such Personal Information may be shared and combined with other information that you have previously provided to Orli La Jolla, as described in our Privacy Policy.

3. Accounts and Registration

A guest profile and user account will be created when you either sign up on any related Orli La Jolla websites and member portals or by making a booking at the Hotel, register to use the Service, or interact with reservation personnel. To register to use the Service, you may be required to provide us with some information about yourself including your name, email address, phone number, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up to date during the period that you use the Service. The Orli La Jolla Privacy Policy describes how we handle your Personal Information, including your Sensitive Information.

4. Intellectual Property

Unless expressly stated otherwise, the content included on the Site, including but not limited to text, software, photographs, images, graphics, illustrations, artwork, video, music, sound, and names, logos, trademarks and service marks, are the property of Orli La Jolla or its licensors, other third parties, or suppliers. This content may be protected by copyright, trademark and other laws. No right, title, or interest in the content is granted by your use of the Site, other than a right to review the content using a conventional Internet browser, app, or other platform or device for a particular Site to conduct ordinary Internet or other browsing. All other uses, including making copies of any content on the Site, are strictly prohibited. You may not modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material for any purpose other than personal, non-commercial use (or legitimate activities of a travel agent or travel professional) without our written permission. Except for non-commercial individual private use, the downloading, reproduction, or retransmission of the Site (or any part of its content) is strictly prohibited.

Copyright

Unless otherwise noted, all content on the Site is the copyrighted property of Orli La Jolla or its affiliates, licensors, or other third parties. All content of the Site is protected by United States copyright laws as well as the applicable laws of other jurisdictions.

Orli La Jolla Trademarks

All names, logos, trademarks, service marks, trade dress and trade names used on the Site are trademarks of Orli La Jolla or its affiliates or licensors. The use of the ® symbol designates marks that are registered with the U.S. Patent and Trademark Office, and such marks may also be registered with the trademark offices of certain other countries. Those marks and related names, trademarks, logos, designs, and trade dress shown on the Site are owned by Orli La Jolla and protected by the trademark laws of the United States and other jurisdictions. No license or right in any such marks and other proprietary rights of Orli La Jolla or its affiliates or licensors is conferred to you under these Terms of Use or through your use of this Site. You may not use any name or mark that is comprised of or confusingly similar to any of the marks without the prior written consent of Orli La Jolla which, if granted, may be rescinded at any time. You may not use any meta tags or any other “hidden text” utilizing our marks or other proprietary information without our prior written consent, which may be rescinded at any time.

Notice and Procedures for Making Claims of Copyright Infringement

We respect the intellectual property rights of third parties. We respond to notices of alleged copyright infringement according to the Digital Millennium Copyright Act (“DMCA”) at 17 U.S.C. § 512 et seq. Regardless of whether or not we believe that it is liable for any copyright infringement for which we are provided notice, our response may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating an individual’s access to the Site, at our sole discretion and operating within the parameters of the DMCA.

If you believe that your work has been copied in a manner that constitutes copyright infringement, please contact:

Orli La Jolla, LLC
P.O. Box 1397
North Sioux City, SD 57049

with the following information:

Your name, address, telephone number and email address;
A description of the copyrighted work that you claim has been infringed;
A description of the allegedly infringing material and where it is located on the Site;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agents, or the law;
A statement by you under penalty of perjury that your notice is accurate, that you are the copyright owner or that the copyright holder has authorized you to act on its behalf; and
Your written or electronic signature attests to the above.

5. User Content

You grant us a license to use the materials you post, transmit, or otherwise distribute to the Site or Service. By posting, transmitting or otherwise distribute (“User Content”) to the Site or Service, you are granting us and our affiliates a license to use User Content in connection with the operation of our business including without limitation, a right to post, transmit, distribute, copy, publicly display, publicly perform, reproduce, edit, translate, and/or reformat User Content. You will not be compensated for any User Content. You agree that we may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, transmit, distribute, display, or perform User Content.

6. Prohibited Conduct

By using the Service, you agree not to:

Use the Service for any illegal purpose or in violation of any local, state, national, or international law;
Access or attempt to access any information about a Guest other than yourself, including their account, guest profile, personal information, or other personal resources or information;
Interfere with any security-related features of the Service including disabling or circumventing features, reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
Interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
Perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth or any other personal information;
Share your Orli La Jolla access token, customized web link, or other access credential;
Sell or otherwise transfer the access granted under these Terms of Use; or
Attempt to do any of the acts described in this Section 6 or assist or permit any person in engaging in any of the acts described in this Section 6.

7. Modification of these Terms of Use.

We reserve the right to change these Terms of Use on a going forward basis at any time upon 7 days’ notice. If a change to these Terms of Use materially modifies your rights or obligations, we may require that you accept the modified Terms of Use to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms of Use. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 7, these Terms of Use may be amended only by a written agreement signed by authorized representatives of the parties to these Terms of Use.

8. Term, Termination and Modification of the Service.

These Terms of Use are effective beginning when you accept the Terms of Use or first download, install, access, or use the Service, and ending when terminated as described in this Section 8.

If you violate any provision of these Terms of Use, your authorization to access the Service and these Terms of Use automatically terminate. Orli La Jolla may, at its sole discretion, terminate these Terms of Use or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms of Use at any time by contacting customer service at info@stayorli.com. Upon termination of these Terms of Use: your license rights will terminate, and you must immediately cease all use of the Service and Sections 5, 7, 8, 9, 10, 11 and 12 will survive.

Orli La Jolla reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without giving notice to you. Orli La Jolla will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.

9. Indemnity

To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Orli La Jolla and its officers, directors, employees, consultants, affiliates, parent companies, principals, subsidiaries and agents (together, the “Orli La Jolla Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms of Use, any representation, warranty, or agreement referenced in these Terms of Use or any terms or conditions required by any third party product or service, including terms of use associated with any third-party device, application, or service that connects or shares any Sensitive Information with Orli La Jolla, or any applicable law or regulation; or (c) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

10. Disclaimers; No Warranties

The Service and all materials and content available through the Service are provided “as is” and on an “as available” basis. WE HEREBY DISCLAIM ALL WARRANTIES. WE ARE MAKING THE SITE AVAILABLE WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR‑FREE. All disclaimers set forth herein and in the Privacy Policy are hereby incorporated by reference under this Section 10.

11. Affiliated Sites.

We have no control over, and no liability for any third-party websites or materials. We work with a number of partners and affiliates whose internet sites may be linked with the Site. Because we do not have control over the content and performance of these partner and affiliate sites, we make no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that we make no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third-party content, and that unless expressly provided otherwise, these Terms of Use will govern your use of any third-party content.

12. Limitations of Liability

To the fullest extent permitted by law, in no event will the Orli La Jolla Entities be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the Service or any Materials or content on the Service, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not any of the Orli La Jolla Entities has been informed of the possibility of damage.

To the fullest extent permitted by law, the aggregate liability of the Orli La Jolla Entities to you for all claims arising out of or relating to the use of or any inability to use any portion of the Service or otherwise under these terms, whether in contract, tort, or otherwise, is limited to the greater of the amount you have paid to Orli La Jolla for access to and use of the Service in the 3 months prior to the event or circumstance giving rise to claim.

The allocation of risks set forth in this Section 12 is an essential element of the basis of the bargain between the parties. The limitations in this Section 12 will apply even if any limited remedy fails for its essential purpose.

13. Arbitration

Any dispute arising under or in connection with these Terms of Use will be resolved only by binding arbitration before one arbitrator acting under and selected in accordance with the Consumer Arbitration Rules of JAMS, Inc., which are available online at www.jamsadr.org. Such arbitration will be conducted in English in San Diego, California, United States of America and the decision of the arbitrator may be entered in any court of competent jurisdiction. EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

However, the provisions of this Section 13 do not waive, preclude, or otherwise limit the right of either party to (a) bring an individual action in small claims court; (b) pursue an enforcement action through an applicable federal, state, or local regulatory agency; (c) seek injunctive relief in a court of law in aid of such arbitration; or (d) file suit in a court of law to address an intellectual property infringement claim.

14. Miscellaneous

General Terms of Use. These Terms of Use, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms of Use, are the entire and exclusive understanding and agreement between you and Orli La Jolla regarding your use of the Service. You may not assign or transfer these Terms of Use or your rights under these Terms of Use, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms of Use at any time without notice or consent. The failure to require performance of any provision will not affect either party’s right to require performance at any other time after that, nor will a waiver of any breach or default of these Terms of Use, or any provision of these Terms of Use, be a waiver of any subsequent breach or default or a waiver of the provision itself. If any part of these Terms of Use is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
Governing Law. These Terms of Use are governed by the laws of the State of California without regard to conflict of law principles. You and Orli La Jolla submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Diego, California, United States of America for resolution of any lawsuit or court proceeding permitted under these Terms of Use. We operate the Service from our offices in the United States, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
Additional Terms of Use. Your use of the Service is subject to all additional terms, policies, House Rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms of Use”). All Additional Terms of Use are incorporated by this reference into, and made a part of, these Terms of Use.
Contact Information. You can contact us at P.O. Box 1397, North Sioux City, SD 57049. You may contact us by sending correspondence to that address or by emailing us at info@stayorli.com.
Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
International Use. The Service may be accessed from multiple countries or territories. We make no representation that the Service, its content, or any products or services referenced in the Service are appropriate, available, or lawful for use in any particular jurisdiction. Access to the Service from locations where such access, content, or services are illegal is prohibited.

When you access the Service, you do so on your own initiative and are responsible for compliance with all laws and regulations that apply to you, including those relating to consumer protection, e-commerce, privacy and data protection, import/export controls, and sanctions. Without limiting the foregoing, you represent and warrant that you are not located in, organized under the laws of, or ordinarily resident in, and will not access or use the Service from, any jurisdiction subject to comprehensive sanctions or other applicable trade restrictions, and that you are not identified on any applicable sanctions, denied party, or restricted party list.

By using the Service, you understand that your information may be transferred to, stored, and processed in the United States and in other countries where we or our service providers maintain facilities. Availability of particular features, products, or services may vary by location, and any translations are provided for convenience only; the English version controls in the event of a conflict. Nothing in this Section limits any non-waivable rights you may have under the mandatory laws of any jurisdiction.