Terms and Conditions of Use

1. Scope and Purpose

We, The Byron on Peachtree Hospitality LLC, provide these terms and conditions (as amended from time-to-time, these “Terms”) govern your use of this website (including any incorporated programs, systems, materials, and content we own or license) (collectively, “Services”) and your reservations and stays at our properties. By using any of our Services, you agree to, accept and will be bound by these Terms. We reserve the right to modify these Terms at any time and from time-to-time, but, if you make a booking, the version of these Terms that applied at the time of the booking shall remain applicable to such booking. Otherwise, you are deemed to agree to all such changes made prior to each use of our Services, so you must check for changes each time you propose to use our Services.  If at any time you do not accept any part of these Terms, then you are prohibited from using the Services.  In our discretion, a breach or violation of any of these Terms may result in an immediate termination of your access to the Services. We reserve the right at any time to modify, update, or discontinue the Services (or any part or content thereof). You agree that, except as set forth expressly herein, we shall not be liable to you or to any third party for any modification, update, or discontinuance of the Service.

Please note that all statements and expressions within the Services are opinion and are subject to change without notice. As discussed further in Section 5, below, the accuracy or completeness of the information is not warranted and is only as reliable as the sources from which it was obtained.

 

2. Rights to Intellectual Property

All work product comprising or featured in the Services is protected by copyright and intellectual property laws, is and will continue to be our exclusive property. You may only use the Services to the extent licensed by us, you may not otherwise use, copy, reverse engineer, reproduce or sublicense the use or reproduction of the Services or any component thereof in whole or in part, including, without limitation, by posting it on your personal website, blog, social network, or any other online, electronic or printed resource. Subject only to the provisions of our Privacy Policy set out below, any and all content (including User-Generated Content as defined below) submitted to us by any means shall become our the property upon submission and we reserve the right to alter, remove, re-post, re-purpose, distribute, market, or trade any such content.

3. Bookings and Cancellations

When you make a reservation, you are agreeing to pay all rental charges, service fees, applicable taxes, and other charges (the “Total Price”) described during the reservation process. You also agree that we may charge the Total Price to the payment method(s) you provide as described during the reservation process. You also agree to comply, in connection with the reservation, with the policies and rules set forth herein and described to you during the reservation process.

You agree that you will be responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any property you rent using the Services. For example, this means: (i) you are responsible for leaving our property (and related personal property) in the condition it was in when you arrived, (ii) you are responsible for paying all reasonable amounts necessary to cover damage that you, your guest(s), or your pet(s) cause to our property, and (iii) you must act with integrity, treat others with respect, and comply with applicable laws at all times. If you book a reservation for a minor or if you bring a minor to your reservation, you must be legally authorized to act on behalf of the minor and you agree to be responsible for the supervision of that minor.

You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Services and any property for which you book a reservation. 

In general, if you cancel a pre-paid reservation prior to check-in, we will provide you a partial refund equal to the rental costs for each night but the first one. This refund will not include any service fees associated with the reservation. If you cancel a reservation prior to check-in that has not been pre-paid, you agree to pay any service fees associated with the reservation as well as the rental costs for the first night.

If we must cancel the reservation, we will provide a full refund of any prepaid rental and any service fees. 

 

4. User-Generated Content

For the purposes of this condition, the term “User-Generated Content” means any information, material or content in any medium including, without limitation, any text, photograph, graphic, video, audio, correspondence, or any other type of media or content, uploaded, posted, emailed, submitted, or otherwise communicated to us via any method. By sharing any User-Generated Content with us, you represent and warrant that the User-Generated Content is your own original work, is not defamatory and does not infringe upon any applicable laws. And, you hereby grant us a perpetual, royalty-free license to use the User-Generated Content in any way we deem fit including, without limitation, the modification, reproduction, repurposing, or deletion of it.

5. Content (Quality, Accuracy, and Use)

Users who rely on and use any information, materials or content in the Services do so at their own risk. To the extent permitted by law, the Services are provided “as is”, without any condition, representation or warranty of any kind, either express or implied, including, but not limited to, any statutory or common law condition, representation or warranty of merchantability, durability or fitness for a particular purpose that might otherwise be implied. The Services will not always be up to date, cannot necessarily be relied upon, and may not be used as a substitute for professional advice or verified information, as circumstances will vary from person to person. The Services’ content is not intended to be nor does it constitute actionable advice of any kind. Transmission of this information is not intended to create a professional-client relationship between you and us. As a condition of using the Services, you hereby unconditionally and irrevocably waive and release any and all claims, past, present, and future, that you may have against us or any of our directors, officers, employees, contractors, or contributors.

6. Restrictions on Who Can Use the Platform

If you have not attained the age of 16, then you are not authorized to use the Services. 

7. Limiting Liability for Links to Other Websites

We are not responsible for the contents or reliability of any other websites to which we provide a link, and we do not, expressly or otherwise, endorse the views or content expressed within those sites. Nor do we make any representations about the accuracy, quality, or suitability of such other websites for any purpose. We encourage you to read the terms of use and privacy policy of each website that you visit. 

8. The Actions and Opinions of Users

You must not use the Services in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.  You must not alter, remove, or obscure any intellectual property notice or any content that you have not originally created. Some content found in the Services may be created by members of the public. The views expressed are theirs and, unless specifically stated, are not ours. We accept no responsibility for any loss or harm incurred from the use of the Services or any of its content.

9. Availability and Prohibited Uses

We make no representation, warranty, or claim that functions intended to be available on the Services will be uninterrupted or error free, that defects will be corrected, nor that the hardware that hosts or provides, nor the Services’ content is or will be free of computer viruses, bugs, or other malicious code. You acknowledge that it is your responsibility to implement sufficient security procedures and virus checks (including anti-virus screening and other security checks) to satisfy your particular requirements for the accuracy of data input and output, and for the security of yourself and the device used by you to view any content in our Services. You also agree not to transmit any malicious or destructive code, such as viruses or other malware, through the Services or in any way in connection with your use of the Services. 

In addition to other prohibitions as set forth in these Terms of Use, you are prohibited from using the site or its content:  to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or any other legally protected status or characteristic;   to submit false or misleading information;  to collect or track the personal information of others;   to spam, phish, pharm, pretext, spider, crawl, or scrape;   for any obscene or immoral purpose; or  in any manner intended to interfere with or circumvent the security features of the Services, other websites, or other services or devices on the Internet.

By using the Services, you represent and warrant that you are not:  located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and  listed on any U.S. Government list of prohibited or restricted parties, including, but not limited to, the Specially Designated Nationals List.

10. Legal Jurisdiction

The laws of the United States and the State of Georgia shall govern your use of the Services. You hereby agree that any dispute regarding your use of the Services shall be decided by a state or federal court within Atlanta, Georgia that is competent to exercise subject matter jurisdiction over such dispute. You consent to the personal jurisdiction of any such tribunal and waive any objection to such venue, including any objection on the basis of venue or forum non conveniens. In no event shall the United Nations Convention on Contracts for the International Sale of Goods apply to these Terms of Use or any dispute between us.

11. Waiver of Liability and Indemnification

To the maximum extent permitted by law, in no case shall we (including our directors, officers, employees, affiliates, agents, contractors, contributors, interns, suppliers, service providers, and licensors) be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services, for any other claim related in any way to your use of the Service, or for any problem associated with a reservation you make using the Services. This limit shall apply even if we have been advised of the possibility of such injuries, losses, or claims. Moreover, you agree that all use of the Services shall be at your own risk. We shall have no liability for  any injury, loss, or claim for any interruption, suspension, or disruption of the Service;  any errors or inaccuracies in the content available from the Service;  personal injury or property damages resulting from your use of the Services or the data contained therein; or  malware which may be transmitted using the Services by a third party. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the fullest extent permitted by law.

You must commence any legal proceeding advancing a cause of action or claim arising out of or relating to these Terms of Use within one year after the cause of action accrues; otherwise, you agree that such cause of action or claim shall be permanently barred.

You agree to indemnify, defend, and hold us harmless, along with our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, contributors, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or your violation of any law or the rights of any third party.

Though we make a reasonable effort to maintain the Services’ content, it will, from time-to-time, become out-of-date, be incorrect, erroneous, or otherwise inappropriate and you agree not to follow any instruction, suggestion, step, list, tutorial, or other content in the Services without first appropriately consulting with a licensed professional.

Privacy Notice

We, The Byron on Peachtree Hospitality LLC, are committed to protecting the privacy and security of personal information and to transparency about how we use personal information (also known as personal data). This Privacy Notice sets forth our policies and practices for collecting and using personal information in regard to our website and presences on social media platforms (“Services”). This notice does not address our use of personal information outside the context of these Services. Employees, applicants, vendors, and others that work with us outside the context of the Services receive separate privacy notices that address our use of personal information in the context of those relationships with us and are welcome to contact us to receive a new copy of or link to the applicable privacy notice.

Within the context of the Services, this notice explains how we use and disclose personal information. It also discusses how you can control certain uses and disclosures of personal information. We will update this notice from time to time, or as our privacy practices change, to ensure it accurately describes how we use your information. When we do so, we will update the dates above. We recommend that you review this notice from time to time for the latest information. If we change our practices in a material way, we will provide appropriate notice to you, usually through an e-mail message or through a banner or pop-up within our Services. 

If you have any questions regarding this notice or our use of your information, please contact us using one of the methods detailed below.

1. How we use and share personal information

We use and share personal information as described in the following table and the text that follows it. 

 

2. Personal information disclosure and sharing

In addition to the sharing with the third parties described in the table above, we may also share your information with:  

• Service providers. We share your personal information with third parties that provide services to us. We engage these kinds of third parties with contracts that require them to use your personal information only for the purpose of delivering the services for which we have engaged the third-party and as required by law. These kinds of third parties provide business, professional, administrative, or technical support functions for us, such as payment processing, billing, data storage, quality assurance, and marketing. 

• Legal compliance recipients. We disclose personal information to the courts, the government, law enforcement agencies, litigants, and similar recipients when required by law.

• Successors. We may disclose personal information associated with a part of our business to a buyer, potential buyer, or other successor to our business.

We also may disclose personal information with third parties with your consent or at your direction.

3. Personal information security and retention

We use reasonable administrative, technical, and physical safeguards to protect personal information in our possession. While we make every effort to help ensure the integrity and security of our network and systems, you should understand that no data storage system or transmission of data over the Internet or any other public network can be guaranteed to be completely secure, accurate, complete, or current.  

Personal information will be retained only for long as there is a legitimate business or legal need to retain the information. 

 

4. International orders and users

For customers who reside outside of the United States, including in Canada, your personal information will be processed in the United States, where our servers are located.  When you use our Services, your information is protected by this privacy notice. You, in accordance with our terms of service, consent to the transfer of personal information in the United States. 

5. Children’s privacy

We are very concerned about the safety of children using the Internet. We do not knowingly collect any personal information from those under the age of 16. 

 

If we discover (or are informed) that we have collected personal information from a visitor under the age of 16, we will promptly delete such information. 

 

6. Your Privacy Rights

You may have certain rights regarding your personal information under the law. To exercise your rights, please submit a request by contacting us through any of the means outlined below. You may also make a request on behalf of your minor child or other person on behalf of whom you have a valid legal authorization.

 

Depending on the nature of your request, we may need to verify your identity to process your request. 

 

Your request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and

• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

You may also have the rights to appeal the action we take in response to your request to exercise your rights. You may submit an appeal by contacting us using the information below. If you appeal, please tell us about your original request and explain why you believe we did not properly process it. We will respond to your appeal within the timeline set forth in applicable law.