Terms and Conditions
LOUNGE CAPITAL PARTNERS
Any rights not expressly granted herein are reserved to LCP.
MODIFICATIONS AND UPDATE
USE OF SITE
You agree that you will not use the Website in the operation of a service bureau. Availability of this Website or particular information or services herein is subject to change without notice.
The listing and photographs of the properties on the Website are for demonstration purposes only. LCP does not represent that any particular property or any particular items will be available to you prior to your receipt of confirmation from the property owner. Requests for any specific additional features, if available at a particular property, are simply that, and while most hotels will strive to honor your requests, neither LCP nor property owner guarantee that your request will be honored. Use of the Website is intended for personal use only and reserving properties for your private sale is prohibited.
VALIDITY AND ACCURACY OF DATA
LCP DOES NOT REPRESENT OR WARRANT THAT ANY SERVICE OR INFORMATION PROVIDED BY LCP OR ANY PERSON POSTING CONTENT THROUGH THE WEBSITE ARE COMPLETE OR FREE FROM ERROR, AND LCP DOES NOT ASSUME, AND EXPRESSLY DISCLAIMS, ANY LIABILITY TO ANY PERSON OR ENTITY FOR LOSS OR DAMAGE CAUSED BY ERRORS OR OMISSIONS IN THE SERVICE, WHETHER SUCH ERRORS OR OMISSIONS RESULT FROM NEGLIGENCE, ACCIDENT OR OTHER CAUSE. LCP MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE LEGALITY OR PROPRIETY OF THE USE OF THE WEBSITE IN ANY JURISDICTION, STATE OR REGION.
CHILDREN UNDER 18
LCP does not sell products for or provide information or services to people under the age of 18. If you are under 18, you may use LCP only with involvement of a parent or guardian. LCP reserves the right to refuse service, terminate accounts, remove or edit content or cancel orders/ requests in its sole discretion.
When you provide LCP any content, including, but not limited to, postings, articles, photographs and videos, you grant us an exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity and database rights you have in the content, in any media known now or in the future. You agree that if you provide LCP with your written content, photographs, videos, name and/or image of yourself that LCP shall have the unlimited right to use such written content, photographs, videos, name and/or image (in whole or in part) in connection with promoting, advertising, marketing and/or selling LCP’s services or other products and services associated with the Website. LCP’s rights include, but are not limited to, the right to reproduce, display, distribute, edit, alter and change your written content, photographs, videos, images and any other materials you provide us in connection with your use of the Website. You waive any claim of "moral rights" arising out of LCP’s use of your written content, photographs, videos, name and/or images. Unless otherwise agreed, LCP may edit, copy, publish, distribute, translate and otherwise use in any medium any such materials that you forward to LCP and will own exclusively all such rights, titles and interest and shall not be limited in any way in its use, commercial or otherwise. LCP is and shall be under no obligation to: (1) maintain any of your materials in confidence; (2) pay to you or any user any compensation for any such materials; or (3) respond to any of your or any other user’s materials. You represent and warrant to LCP that you own all right, title and interest in and to any written content, photographs, videos and other works that you submit to LCP.
LINKS TO THIRD PARTY SITES
LCP may contain links to other websites ("Linked Sites"). Linking to such Linked Sites will let you leave the Website. Unless otherwise indicated, LCP is not affiliated with any of the Linked Sites. The Linked Sites are not under the control of LCP and LCP is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. LCP does not endorse or make any representations about any Linked Site, any information, software or other products or materials found in a Linked Site, or any results that may be obtained from using these links. LCP is providing these links only as a convenience, and the inclusion of any link does not imply endorsement by LCP. If you decide to access any of the third party websites linked from this Website, you do so entirely at your own risk.
LINKING TO LCP
Linking to LCP from another website ("Linking Site") is only allowed under the following conditions. A Linking Site may link to, but not replicate, LCP’s content. A Linking Site shall not create a frame, browser or border environment to LCP’s content and a Linking Site shall not imply that LCP is endorsing it or its products. The Linking Site shall not misrepresent the Linking Site’s relationship with LCP, shall not provide false information about LCP’s products or services, and shall not unlawfully use the copyrights or trademarks owned by LCP or others. Linking Sites shall abide by any and all applicable laws.
LIMITATION OF LIABILITY
THIS WEBSITE AND ALL INFORMATION, SERVICES, GOODS, ADVERTISEMENTS, MATERIALS, COMMENTS, DOCUMENTS AND RELATED GRAPHICS ("CONTENT") PROVIDED HEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE CONTENT PUBLISHED ON THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. LCP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE CONTENT INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT POSSIBLE BY APPLICABLE LAW, LCP AND ITS AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS CONTENT, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. LCP DOES NOT WARRANT THAT THE WEBSITE IS COMPATIBLE WITH YOUR EQUIPMENT OR THAT THE RELATED SERVICES THEREIN ARE FREE OF ERRORS, VIRUSES, WORMS, "TROJAN HORSES" OR ANY OTHER HARMFUL, INVASIVE OR CORRUPTED FILES AND IS NOT LIABLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF SUCH DESTRUCTIVE FEATURES. IN NO EVENT, SHALL LCP AND OR ITS AFFILIATES, OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE OR SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM LCP THROUGH THIS WEBSITE.
RELEASE AND INDEMNIFICATION
INFORMATION YOU PROVIDE
You may not post, send, submit, publish, or transmit in connection with this Website any material that:
- you do not have the right to post, including proprietary material of any third party;
- advocates illegal activity or discusses an intent to commit an illegal act;
- is vulgar, obscene, pornographic, or indecent;
- does not pertain directly to this Website;
- threatens or abuses others, libels, defames, invades privacy, stalks, is racist, abusive, harassing, threatening, or offensive;
- seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise;
- infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
- violates any law or may be considered to violate any law;
- impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
- solicits funds, advertisers, or sponsors;
- includes programs that contain viruses, worms, and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications;
- disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type or otherwise act in a way which affects the ability of other people to engage in real-time activities via this site;
- includes MP3 format files;
- amounts to a "pyramid" or similar scheme;
- disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
- contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
Any passwords used for this Website are for individual use only. You will be responsible for the security of your password. LCP will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that LCP considers insecure, LCP will be entitled to require the password to be changed and/or terminate your account.
All content and otherwise protectable features of this Website, including but not limited to the design, arrangements, layout, software, text, graphics and images were created by or at the direction of LCP, are the property of LCP and are protected by United States and international copyright laws. NO PORTION OF THIS WEBSITE MAY BE COPIED, IMITATED OR RETRANSMITTED UNLESS EXPRESS PERMISSION TO DO SO IS GIVEN BY LCP IN WRITING. The compilation, collection, arrangement, and assembly of all content on this site is the exclusive property of LCP and is protected by United States and international copyright laws. All software used on this site is the property of LCP or its software suppliers and is protected by United States and international copyright laws. The images used on this Website are the property of their respective copyright owners, and are used by LCP pursuant to express authorization from the copyright owners or their agents. Any use, including, the reproduction, modification, distribution, transmission, republication, or display, of the content, images and software on this Website is strictly prohibited.
COPYRIGHT INFRINGEMENT POLICY
You may not use the Website to transmit, route, provide connections to or store any material that infringes copyrighted works, trademarks or otherwise violates or promotes the violation of the intellectual property rights of any third party.
LCP, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), reserves the right, but not the obligation, to terminate your license to use this Website if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. LCP accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), LCP has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to LCP in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement:
Lounge Capital Partners
6808 Burtonwood Dr.
W. Bloomfield, Michigan 48322
United States of America
Contact us by e-mail: firstname.lastname@example.org
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.
- Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit LCP to contact you, such as your address, telephone number, and/or electronic mail address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
"Lounge Capital Partners" along with all logos, other trade names, trademarks, services marks, whether registered or not, set forth on this Website are the sole property of LCP. LCP’s trademarks may not be used in connection with any product or service that is not owned by LCP in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits LCP. Any trademarks not owned by LCP that appear on this Website are the property of their respective owners and may not be used in connection with any product or service that is not owned by the trademark owners in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the trademark owners. LCP’s trademarks may not be copied, downloaded or otherwise exploited without the permission of LCP or the owner of such trademark, service mark or trade name, except as explicitly permitted by the trademark owner.
If any provision of these terms, conditions and notices are found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions with remain in full force.
RESOLUTION OF DISPUTES
You agree to submit to the exclusive jurisdiction and venue of the Circuit Court for the County of Oakland, State of Michigan or, if original jurisdiction can be established, the United States District Court for the Eastern District of Michigan with respect to any action arising, directly or indirectly, out of your use of the Website.
All Claims you bring against LCP must be resolved in accordance with this Resolution of Disputes Section. All Claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. If you file a claim contrary to the Resolution of Disputes Section, LCP will be entitled to recover its actual attorneys’ fees and costs relating to the dispute.
INFORMATION WE COLLECT
Personal Information that You Provide Voluntarily to Us
"Personal Information" is information through which you can be identified. We collect Personal Information that you provide voluntarily to us through a variety of means. Some examples of Personal Information that we collect include your name, date of birth, postal address, e-mail address, telephone number, fax number, gender, and purchase and reservation information. If you visit a property at which you reserve a lounge chair or other items that are available through LoungeReserve, it is possible for Personal Information to include pictures of you as well. Some Personal Information is considered "Confidential Personal Information." Confidential Personal Information is your name in combination with one or more of the following: credit or debit card number, financial account number, driver's license number, state identification card number, Social Security number, passport number, and/or naturalization number.
Personal Information that We Obtain From Partners
We may obtain Personal Information from our business partners or others with whom we have a business relationship (collectively "Partners"). We may use Personal Information obtained from our Partners in accordance with the terms of this Policy. We generally have no control over how our Partners use Personal Information they collect from or about you. Therefore, if you provide Personal Information, including Confidential Personal Information, to our Partners, we encourage you to consult our Partners' privacy policies for more information about their privacy protection practices.
Personal Information Collected by Third Parties
Certain transactions and services offered while visiting our LoungReserve.com website may be processed or provided by third parties under contract with us for fulfillment and other purposes. When your Confidential Personal Information is submitted to these third parties for such purposes, we will request that they exercise reasonable care to protect your Confidential Personal Information and restrict the use of your Confidential Personal Information to the purposes for which it was provided.
"Non-Personal Information" is information about you or your activities through which you cannot be personally identified. When you use the Internet, your web browser or software may transmit certain information to the servers that host the web sites you visit. Such information may include, for example, the unique number assigned to your server or Internet connection, your geographic location, and your interactions with the LoungeReserve or properties at which LoungeReserve items are available to reserve, including what pages you look at and what information you download. When you visit LoungeReserve.com or the properties at which LoungeReserve items are available to reserve, our servers may collect Non-Personal Information. In situations where it is possible to do so, Non-Personal Information may be linked to Personal Information.
HOW WE USE THE INFORMATION WE COLLECT
Uses by LoungeReserve
Except for Confidential Personal Information, we may use Personal Information and Non-Personal Information for our own marketing purposes, including notifying you of special promotions, offers and events via postal mail, e-mail, telephone, text message, and other means. Confidential Personal Information will not be used for our own marketing purposes without your express consent.
We may also use Personal Information and Non-Personal Information for non-marketing purposes. Some examples of such use include (1) processing and fulfilling reservations or purchases; (2) conducting statistical or demographic analysis; (3) tracking reservations and calculating or auditing commissions that may be paid in relation to a reservation; (4) customizing your experience at the LoungeReserve website; and (5) responding to your inquiries or other communications.
We may combine Personal Information with other generally or publicly available information to help us identify your preferences or interests. Your Personal Information may also be merged with Personal Information available from other sources such as (1) companies that match e-mail addresses with postal addresses; (2) credit card verification and credit services; and (3) resorts and other properties that are owned, operated, or affiliated with LoungeReserve Partners.
Sharing With Partners for Marketing Purposes
Sharing With Partners and Other Third Parties for Non-Marketing Purposes
When we provide Personal Information, including Confidential Personal Information, to our Partners and other third parties for such purposes, we require those Partners and third parties to exercise reasonable care to protect your Personal Information and Confidential Personal Information and restrict the use of your Personal Information and Confidential Personal Information to the purposes for which it was provided to them.
YOUR COMMUNICATION PREFERENCES
How to Opt-Out
If you wish to opt-out of receiving solicitations from us or do not want us to share your Personal Information with Partners for marketing purposes, you can record your preferences by clicking here.
Even if you registered your telephone number on a Do-Not-Call list, certain exemptions may allow us to contact you by telephone. However, to ensure our customers' preferences are honored, we also maintain our own internal do-not-call list. If you would like to opt-out of receiving telemarketing sales calls from us by adding your telephone number to our internal do-not-call list, please click here.
Personal Information (including Confidential Personal Information) and Non-Personal Information collected by the LoungeReserve website are stored on secure servers. The secure servers are protected by firewalls and other industry standard security measures. These security measures are instituted to ensure the protection of these secure servers from unauthorized access. However, no security system is impenetrable, and these systems could become accessible in the event of a security breach.
Our staff is required to take reasonable measures to ensure that unauthorized persons cannot view or access your Confidential Personal Information. Employees who violate our privacy policies are subject to disciplinary action, up to and including termination.
We cannot enforce or control the security of the computers, electronic devices, or electronic communication method that a consumer may use to send e-mails and submit information to us over the Internet. You are responsible for ensuring that the computers, electronic devices and electronic communication methods you use will provide adequate security for communicating with us. We are not responsible for the disclosure or interception of your information before we receive it.
OTHER WEB SITES
We are not responsible for the information collection or privacy practices of other web sites, including web sites operated by our Partners. You should review and understand the privacy policies posted on any linked sites you visit before providing any Personal Information.
PERSONS UNDER AGE 21
Certain pool and beach areas may be intended for persons 21 or older.
VISITORS OUTSIDE OF THE UNITED STATES
The LoungeReserve website is maintained on servers located in the United States, and Personal Information and Non-Personal Information are stored on computers and servers located in the United States. The United States may not offer a level of privacy protection for Personal Information (including Confidential Personal Information) as great as that offered in other jurisdictions. Therefore, the disclosure of Personal Information pursuant to this Policy is at your own risk. We make no representation that the practices described in this Policy are compliant with laws outside of the United States that apply to the collection, security, use and disclosure of Personal Information.
CHANGES TO THIS POLICY
We reserve the right to revise this Policy at any time without notice. When this Policy is revised in a material way, notice will be posted on the LoungeReserve website along with the revised Policy.