These Terms & Conditions (these "Terms") constitute an agreement between you and ASH NYC Inc. and its affiliates (“we,” “us,” “our”) and govern your use our websites at https://ash.world and https://alexanderinn.com (collectively, the “Service”). By using the Service, you affirm that you have read and understood, and that you agree to be bound by and comply with, these Terms.
The Service provides information about our hotels and other properties, products and/or services and includes webpages that permit you to book a hotel room with us, cancel, manage or pay for a hotel reservation, and/or purchase a souvenir or other amenities or items. Hotel rooms are subject to each hotel’s cancellation and other policies and restrictions, including as set forth on the applicable webpages. If you choose a special rate, please check the rate rules to see if this rate has any special restrictions. Rates may change if you modify your reservation. The Service may display or provide information regarding specific programs, offers, or promotions. Any such promotional offer is subject to its specific terms, conditions and restrictions and if booked via the Service, these Terms. We reserve the right to modify or withdraw any promotional offer at any time without notice. Promotional offers are void where prohibited by law. Certain rates are offered only to members of a designated group. Additionally, at certain times or on certain dates, reservations at a hotel may require a minimum length of stay, and that may affect whether a hotel appears to have availability. Hotels are only obligated to honor such rates for qualifying individuals or stays. It is up to you to verify that you qualify for the rate that you have booked. You may be required to establish that you qualify either at the time of reservation or check-in. If you cannot establish that you qualify, we reserve the right to cancel your reservation and/or charge the publicly available rate for your stay.
While using the Service, you agree that you will not:
violate any applicable international, federal, state, or local laws, regulations, rules, ordinances, statutes, requirements, codes, or orders of any governmental or judicial authorities or any securities exchange rules or requirements;
use the Service for commercial purposes without our prior written consent;
violate or infringe upon any copyright, trademark, patent, trade secret, or other intellectual property rights or any other third party rights;
impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or provide inaccurate information;
violate or attempt to violate the security of the Service;
reverse engineer, decompile, or disassemble any portion of the Service;
“scrape” information from the Service by automated means; or
interfere with the ability of others to use the Service.
You may not use the Service for commercial purposes unless you have obtained our prior written consent. You may only make reservations for yourself and your invited guests or for an individual for whom you are authorized in advance to act. You may not make reservations for any other purpose, including for purposes of reselling rooms, reservations or other benefits, posting, marketing, advertising, or otherwise distributing rooms, reservations, benefits, or availability (including without limitation on third-party web sites), making false, fraudulent, or speculative reservations, reserving rooms in anticipation of demand, making reservations for purposes of reselling rooms, or in an attempt to circumvent hotel practices, policies, terms or conditions. Without limitation of our other rights and remedies, reservations made, sold or transferred in violation of these Terms may be cancelled without advance notice in our or a hotel’s sole discretion.
The United States Department of Treasury maintains and publishes lists of “prohibited persons” including certain government officials, residents of certain embargoed countries, terrorists or drug traffickers. You agree you are not a prohibited person and you agree not to make arrangements for any such prohibited persons to stay at, use or tour any of our properties.
TO THE EXTENT PERMITTED BY LAW, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND OUR PROPERTIES. WITHOUT LIMITATION OF THE FOREGOING, THE SERVICE IS PROVIDED "AS IS," WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES OF ACCURACY COMPLETENESS, EFFICACY OR TIMELINESS OF INFORMATION, OR ABSENCE OF VIRUSES OR DAMAGING OR DISABLING CODE. TRAVEL TO CERTAIN DESTINATIONS MAY INVOLVE GREATER RISK THAN OTHERS. WE URGE YOU TO REVIEW TRAVEL PROHIBITIONS, WARNINGS, ANNOUNCEMENTS AND ADVISORIES ISSUED BY THE APPLICABLE GOVERNMENT AUTHORITIES PRIOR TO BOOKING TRAVEL. WE DO NOT REPRESENT OR WARRANT THAT TRAVEL TO, OR ACCOMMODATIONS IN, DESTINATIONS WHERE SERVICES ARE OFFERED VIA THIS SITE ARE ADVISABLE OR WITHOUT RISK AND WE ARE NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO, OR STAYING IN, SUCH DESTINATIONS TO THE EXTENT PERMITTED BY LAW.
EXCEPT TO THE EXTENT OTHERWISE MANDATED BY APPLICABLE LAW, (X) IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS OR LOSS OF BUSINESS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICE OR THESE TERMS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (Y) IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THESE TERMS FOR ANY REASON EXCEED THE LESSER OF THE AMOUNT OF PROVEN DIRECT DAMAGES OR THE AMOUNT YOU HAVE PAID THROUGH THE SERVICE.
We and/or our licensors own the Service, including all text, graphics, photographs, images, software, and other technology, and the contents, design, layout, functions, appearance, and other intellectual property comprising the Service. The foregoing ownership rights include all rights with respect to trademarks, service marks, trade dress, logos, copyrights, rights of authorship, and patents; all database rights, moral rights, inventions, rights of inventorship, rights of publicity and privacy, trade secrets, know-how, and rights under unfair competition and unfair trade practices laws; all other worldwide intellectual and industrial property rights related thereto; and all applications, registrations, derivative works, or renewals relating to any of the foregoing. Logos and other trademarks on the Service are owned by us or our licensors and may only be reused with the express prior written permission of the applicable owner. ASH, BLOOMS, HOTEL PETER & PAUL, THE DEAN, ALEXANDER INN, ULYSSES, THE SIREN, ASH NYC, ASH HOTELS, ASH ROOM SERVICE, BAR ASH and ASH BAR are trademarks OF HM Management LLC or our affiliates and used under license.
If you believe the Service contains content that infringes on your copyright, please send the following information by mail or courier, care of our legal counsel, DarrowEverett LLP, Attention: Joshua Berlinsky, One Turks Head Place, 12th Floor, Providence, RI 02903; email: [email protected]:
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
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.
We may modify these Terms at any time by posting changes on the Service. If at any time you find these Terms unacceptable and do not agree with them, you thereafter will have no right to use or access the Service.
The Service is intended for use by adults. You are not permitted to use the Service if you are under the age of 18.
These Terms are governed by the laws of the United States of America and the State of New York, without regard to conflict of laws rules. Except as otherwise provided in this paragraph, any dispute, claim or controversy concerning, relating to, or arising out of, or in connection with, these Terms or the Service will be settled by final and binding arbitration in the State of New York by a single arbitrator appointed by the American Arbitration Association. In the event of any such arbitration, each party will bear its own attorneys’ fees and costs, unless the claim is based on an applicable statute that provides otherwise. Any controversy or claims will be kept confidential by the parties and their attorneys and advisors, without publicity, and except as may be required by law, no party or arbitrator may disclose the existence, content, or results of any arbitration under these Terms without the consent of both of the parties. Notwithstanding the foregoing, either party may immediately bring a proceeding seeking preliminary injunctive relief in a court having jurisdiction thereof which shall remain in effect until a final award is made in the arbitration. The decision of the arbitrator will be in writing and binding and conclusive on us and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction.
These Terms represent the entire agreement between you and us with respect to the subject matter hereof, and supersede any and all prior understandings, statements, or representations, whether electronic, oral, or written, regarding the Service. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. In addition to money damages, we shall be entitled to seek equitable relief where appropriate if you breach of any of these Terms. These Terms are severable and may be construed to the extent of their enforceability in light of the parties' mutual intent. The titles and subtitles in these Terms are used for convenience only and are not to be considered in construing it. All references herein to “including” and variations thereof shall be deemed to mean, “including, but not limited to.” All references in these Terms to “you,” “your,” or variations thereof shall be deemed to refer to you individually, if you are entering into these Terms on an individual basis, and to the corporation, partnership or other organization, or legal entity that you represent, if you are entering into these Terms on behalf of such organization or entity. If you wish to communicate with us in connection with these Terms, please contact us by mail or courier care of our legal counsel, DarrowEverett LLP, Attention: Joshua Berlinsky, One Turks Head Place, 12th Floor, Providence, RI 02903; email: [email protected].