These Terms apply to your use of the Site and the services (“Services”) available through the Site. They may also be supplemented by additional terms governing specific Services.
BY ACCESSING, USING, VIEWING, TRANSMITTING, CACHING OR STORING THE SITE OR ANY OF THE SERVICES, FUNCTIONS OR CONTENTS AVAILABLE ON OR THROUGH THE SITE, YOU AGREE TO BE BOUND TO THESE TERMS, CONDITIONS, AND NOTICES IN THE SITE (“AGREEMENT”) WITHOUT MODIFICATION. IF YOU DO NOT AGREE, DO NOT USE THE SITE.
These Terms govern your use of the Site and related Services and supersede any prior agreement between you and Civic. We may periodically modify the Terms without notice. Changes to the Terms will be effective (a) 30 days after we provide you with email notice of the changes or (b) the date on which they are posted on the Site. If you do not agree to any change to the Terms, you must cease use of the Site and Services. Your continued access and use of any of the Site and Services signifies your acceptance of the Terms as modified.
Civic may terminate your use of the Site and Services if you do not comply with these Terms. ANY DISPUTE BETWEEN YOU AND Civic MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION, as more fully described below.
The Personal Information (as defined below) we collect about you
How we use the Personal Information we collect
The categories of third parties with whom we share Personal Information about you
Your right to review and correct Personal Information we have collected about you
What we do to protect Personal Information we have collected about you
Your right to opt-out of commercial email messages
How we interact with linked sites
Specific terms applicable to California residents
Information We Collect: We collect Personal Information you provide to us and when you use the Site and/or our Services. We collect Personal Information in order improve our services, to deliver services and perform obligations under contracts we have with you, to comply with our own legal obligations, and for other purposes as described below.
Information You Give Us: We receive and store any Personal Information you post to the Site or provide to us when you set up a User Account, sign up for our newsletters or promotions, purchase Services, plan meetings or events, apply for employment, or make a reservation at one the Properties. For example, if you make a reservation at one of the Properties, we will ask you for information such as name, address, telephone number, email address, credit card number, and room preference to process your reservation. We may use your email address to send a confirmation and, if necessary, may use the other information to contact you for help to process the reservation. As indicated below, we may also use your email address to notify you about special offers and promotions, including from Civic Hotel, the property and our partners. You can choose not to provide such Personal Information, in which case you will not be able to access or use portions of the Site or some of their features.
Automated Collection: We automatically receive and store certain types of information when you visit the Site, such as the name of the domain and host from which you access the Internet; the IP address of the computer you are using and the browser and operating system you are using; the date and time you access the Site the Internet address of the website from which you linked to the Site; any search terms you used to find the Site; the device identifiers and mobile and network information, and your actions on the Site. This information will be treated as Personal Information if we combine or link it to any of the identifying information above. Otherwise, this information constitutes aggregate information.
Credit Card Information: We will require your credit card information in order to process purchases and reservations. Credit card data is transferred over a Secured Sockets Layer (SSL) line if you are using a SSL enabled browser such as Microsoft Internet Explorer, Firefox, Safari, or Google Chrome. We also use SSL on other select pages where you enter Personal Information. This ensures that your Personal Information is encrypted as it travels over the Internet. This secure mode is enabled before any such information is transmitted from your computer. You will know you are in secure mode when the padlock or key icon in the lower right-hand or left-hand corner of the computer screen appears in the locked position. In addition, when accessing a secure server, the first characters of the site address will change from http to https. After information reaches us it is stored on a secure server that resides behind firewalls designed to block unauthorized access from outside Civic.
Log Data: Our web servers may collect “log data.” Log data provides aggregate information about the number of visits to different pages on the Site. We use log data for troubleshooting purposes and to track which pages people visit in order to improve the Site. We do not link log data collected to Personal Information. Third-party vendors may also collect aggregate log data independently from us.
Web Beacons: Some of the pages on the Site may contain electronic images known as web beacons that allow use to count the number of users who have visited those pages. These collect only limited information such as a cookie number, time and date of a page view, and a description of the page on which the web beacon resides. These web beacons do not carry any personal Information and you cannot opt-out or refuse them. However, where they operate with cookies, you can render them ineffective by opting out of cookies or changing the cookie setting in your browser.
Marketing emails: We use third party service providers to send our marketing emails. There are no cookies in the email. However, they may contain e-tags, which permits you to share the mail via social sites to which you subscribe. In addition, when you click on a link to the Site included in the email, a persistent cookie is placed on your computer. This cookie is used to measure the effectiveness of our email marketing efforts, better understand how our users navigate through the Site, and enhance user experience. To that end, we collect a variety of information about how you interact with our marketing efforts, including how many times the email is opened and/or clicked, the browser type used, operating system, user email program, etc. The cookie set by our service providers will remain on your hard drive 30 days after the last time you clicked on the coded link in the email, or until you delete it.
In addition, the third parties that assist with our marketing emails may use pixel tags that help us send the email in a format you can read, to allow us to know which emails you act upon and to better target the content of future emails. We also use these tags to track the aggregate number of emails read and whether any of the links in the email were accessed.
Advertisements: We use third party service providers to serve and host our advertisements. You may receive our ads on these third party sites. These third parties use persistent cookies to track the number of times our site is accessed and whether the site was accessed from the advertisement. The cookies generated from the advertisements do not contain Personal Information and may remain on your hard drive three or more years unless you delete them. If you do not want Personal Information about you used for this purpose, you may opt-out by following the procedure described below. Note, however, that where we use a third party to provide advertising, email marketing or similar services, each such third party will have its own opt-out process, which it will manage and control. You will need to follow those procedures to opt-out of the services they provide.
Personal Profiles: We collect and maintain Personal Information about you to create a personal profile containing your preferences and other information that you voluntarily provide to us when you create an account with us. This profile may also include information we have obtained from other sources. Examples of the types of information we may collect for this purpose include (i) high vs. low floor, smoking vs. non- smoking room, beverage and pillow type preferences; (ii) whether you participate in travel rewards programs; (iii) email communications with you; and (iv) responses to customer service surveys. Creating and completing a member profile allows you to make reservations more easily and also allows us to enhance your experiences. We will share your preference profile with the Property when you book with the Property. You don’t need to create a profile, but if you do, you must consent to our collection and use of any Personal Information you provide to us, the terms of this Policy, and our Terms. You can later withdraw your consent, but by creating a profile, you affirmatively consent to our collection and use of the information you provide as described herein.
Our Use of Personal Information
We may use the Personal Information provided or obtained through the Site to:
Process applications for employment;
Perform research and analysis about your use of, or interest in, our services, or content;
Communicate with you by email, regular mail, telephone, or mobile devices, about services that may be of interest to you either from us or from other third parties;
Develop and deliver our newsletter;
Tailor your user experience;
Develop and display third-party content and advertising tailored to your interests on the Site;
Enforce our Terms;
Manage our business;
Notify you of changes to our services;
Send you information you have requested;
Process entries to a competition or promotion;
Carry out obligations under any contract we have with you;
Perform functions as otherwise described to you at the time of collection;
In connection with the creation and maintenance of your User Account; and
In connection with the processing and fulfillment of services you purchase.
Disclosure of Personal Information to Third Parties
General: We do not share the Personal Information provided or obtained through the Site with third parties, except as described below and as otherwise specified in this Policy. We may share Personal Information as follows:
With the third parties that perform(s) maintenance and operation of the Site on our behalf. These parties are bound by a confidentiality agreement prohibiting the unauthorized disclosure and/or use of your Personal Information.
With other third parties that perform services or functions on our behalf. We do not authorize such third parties to use your Personal Information for any other purposes.
With third parties, such as social sites (including Facebook and Instagram), to which you subscribe in order for you to link to them through our site and view our content through those sites;
As required by a court or government agency or to respond to a claim by you or a third party;
As part of a transfer of our assets, for example in the event of a merger, acquisition, corporate change or, in the unlikely event of a bankruptcy, involving Civic;
As you may otherwise request or agree.
Service Providers: We use third party service providers to provide specific business support services to us which may involve limited access to Personal Information. We require these companies to use the information only to provide the contracted services and prohibit them from transferring the information to another party except as needed to provide the contracted services. Examples of such services include sending emails, conducting and administering promotions, executing surveys, providing customer service, performing business analysis, and processing payments. When we employ another company to perform a function for us, we only provide them with the information that they need to perform their specific function. We are not responsible for the actions of service providers or other third parties, nor are we responsible for any additional information you provide directly to any third parties.
Business Transactions: We may disclose your Personal Information as part of any merger, sale of company assets or acquisition, as well as in the event of an insolvency, bankruptcy or receivership. The recipient of Personal Information following such actions may have privacy policies that differ from those in this Policy. You will be notified via email and/or a prominent notice on the website, and you may opt- out of the use of your existing information in a new manner.
Special Events: If you choose to participate in a special event (for example, a promotion, contest, or sweepstakes), we may share your Personal Information with those organizations participating in the applicable event.
Other purposes: We may use and share Personal Information for other purposes with your consent.
Disclosure: Upon request we will provide you with information about whether we hold, or process on behalf of a third party, any of your Personal Information. To request this information please contact us at firstname.lastname@example.org.
Other Privacy Policies: Any third parties to whom we may disclose Personal Information may have their own privacy policies that describe how they use and disclose Personal Information. Those policies will govern use, handling, and disclosure of Personal Information once we have shared it with those third parties as described in this Policy. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties.
Children: The Site is not directed at children, and we do not knowingly collect Personal Information directly from users under the age of 13 or from other websites or services directed at children. Consistent with the Federal Children’s Online Privacy Protection Act of 1998 (COPPA), we will not knowingly request or collect Personal Information from any child under age 13 without obtaining the required parental consent.
Corrections and Updates: If you want to view your Personal Information, or delete or modify such information that is inaccurate, you may do so by sending an email at email@example.com. In making modifications you must provide only truthful, complete, and accurate information. We may limit your right to make changes to Personal Information where the burden or expense of providing access would be disproportionate to the risks to your privacy or where the legitimate interests of other persons may be violated.
Please note that notwithstanding your request to change or delete Personal Information, we may be required to keep this information and not modify or delete it, or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements. When we delete any information, it will be deleted from the active database, but may remain in our archives. In some instances, however, Personal Information that you requested to be removed may be retained in certain files for a period of time in order to troubleshoot problems. In addition, some types of Personal Information may be stored indefinitely on back-up systems or within log files due to technical constraints or financial or legal requirements. Therefore, you should not always expect that all of your Personal Information will be completely removed from our databases in response to your request.
In addition to deleting Personal Information, you may choose to opt-out of receiving future newsletters, promotions or any other email communications from us by following the unsubscribe instructions included in the communications, or by contacting us via email as provided above. All promotional emails from us include an opt-out link which can be processed within 24-hours. You may also opt-out of promotions by sending us an email in response with “unsubscribe” or “opt-out” in the subject line of the email. Opting out of promotional communications does not affect our communications with you via telephone or email related to any business we may have with you or other transactional emails.
We reserve the right to verify the identity of any person making a request to opt-out or to delete or modify incorrect Personal Information, to charge you a fee before providing access and to deny such requests, except as prohibited by law; provided, however, that we will have no liability of any kind resulting from false or erroneous requests or any change or deletion we make for any reason.
Storing Your Personal Information: We will retain the Personal Information you give us or we collect for as long as you maintain your User Account or subscription to our newsletters or other content, participate in any of the social features on the Site, enter any promotions or use any of our other Services, and for a reasonable time thereafter. We will retain and use Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Otherwise we will retain Personal Information for up to twenty- four (24) months and thereafter may store it in aggregate. If you would like us to delete the Personal Information you have provided to us, please contact us at firstname.lastname@example.org and we will respond in a reasonable time. Please note that some or all of this information may be required in order for you to make use of services and features available via the Site. If you remove this information, you may no longer be able to use these features.
Security: We have employed the following security measures in place to protect against loss, misuse and alteration of Personal Information under our control. When you enter Personal Information to book a reservation or set up an account, we encrypt that information using secure socket layer technology (SSL). In addition, electronically stored Personal Information is stored on a secure network with firewall protection and access to our electronic information systems requires user authentication via password or similar means. We also employ access restrictions, limiting the scope of employees who have access to Personal Information.
Commercial Electronic Message Consent: By providing your email address to us through the Site or entering into a business transaction with one the Properties, you affirmatively and expressly consent to receiving commercial emails from Civic and those parties that process email communications on our behalf. Civic and these third parties may send you commercial emails in order to deliver the Newsletter, to provide you with more information about available services you have purchased, and to provide you with updates, special offers, and other information, including but not limited to Site updates and offers or promotions from Civic and/or the property.
Your California Privacy Rights: Effective January 1, 2005, under California Civil Code Section 1798.83, if an individual who is a California resident has provided Personal Information to a business in connection with a business relationship that is primarily for personal, family, or household purposes, and if that business has within the immediately preceding calendar year disclosed such an individual’s Personal Information to a third party and knows or should have known that such third party used the information for its own direct marketing purposes, then that business is obligated to disclose in writing to such individual upon request, what Personal Information was shared and with whom it was shared.
Any request for a disclosure required under this California law should be sent to us via email at email@example.com or via regular mail at:
ATTN: General Manager
325 7th Ave. N.
Seattle, WA 98109
Please note that under this law, we are not required to respond to your request more than once in a calendar year, nor are we required to respond to any request that is not sent to the email or mailing address designated above.
International Visitors: The Site is hosted in and provided from the United States and are intended for those visiting the United States. If you use the Site from the European Union (E.U.), Canada, or other countries or regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your Personal Information to the United States for storage and processing. The United States does not have the same data protection laws as the E.U., Canada, and other countries or regions.
Terms Applicable to Data from E.U. Member Countries: The Site is directed at consumers in the United States and the Properties we own or operate are located in the United States. In most cases, the Personal Information we collect is stored and used in the United States.
While we do not direct our Services to residents of the E.U., it is possible that E.U. residents may access and use the Site. If we collect Personal Information from E.U. residents in a manner subject to the General Data Protection Regulation then, in addition to the above, the following terms shall also apply to our collection, use and retention of that information:
Compliance with Privacy Shield Principles: We support the E.U.-U.S. Privacy Shield Framework principles (Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability) regarding the collection, use and retention of Personal Information from EU Member Countries. Although we are not registered under the Privacy Shield, we make every effort to comply with these principles when handling Personal Information from residents of the EU Member Countries. However, our compliance with these principles may be limited (a) to the extent necessary to meet applicable national security, public interest, or law enforcement requirements; or (b) by statute, governmental regulation, or case law. If there is a conflict between the policies set forth below and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield List at https://www.privacyshield.gov/list.
Basis for Collection: As set out above, we collect and process Personal Information for which you have given your express consent at the time of collection. For example, we collect Personal Information when you elect to participate in one of our promotions. We also collect and process Personal Information in order to improve our Services, to deliver Services and perform obligations under contracts we have with you, and to comply with our own legal obligations.
Sensitive Data: We do not collect sensitive data, (as defined in General Data Protection Regulation 2016/679) for example, biometric data, health data, or data revealing racial or ethnic origin, from visitors to the Site.
Authorized Transfer: We also may disclose Personal Information for other purposes or to other third parties when you have consented to or requested such disclosure. Please be aware that we will disclose Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We are not liable for appropriate onward transfers of Personal Information to third parties.
Data Processors: We may retain third parties to process or analyze Personal Information we collect from the Site. For example, a Site may be maintained or hosted by a third party service provider, a promotion may be administered by a sales promotion agency, and/or products may be fulfilled by a wholesaler. These suppliers and other third parties who provide services for us are contractually obligated not to use Personal Information about you except as we authorize.
Profiling: We may analyze Personal Information we have collected about you to create a profile of your interests and preferences so that we can contact you with information that is relevant to you. We may make use of additional information about you when it is available from external sources to help us do this effectively. We may also use Personal Information about you to detect and reduce fraud and credit risk.
Your Rights: Your rights include: (a) a right to withdraw your consent to the processing of Personal Information about you to which you have previously given consent; (b) a right to object to processing of Personal Information about you for the purpose of direct marketing; and (c) a right to have any incorrect part of the Personal Information about you corrected or removed. If you wish to exercise any of these rights, send an email to us at firstname.lastname@example.org.
If you request to have incorrect Personal Information removed, we may retain some of your Personal Information as necessary for the purposes of our legitimate business interests or in furtherance of public interests in accordance with the Privacy Shield Principles. Any Personal Information you have shared publicly with others may continue to be publicly visible on the Site.
You also have the right to obtain a copy of the Personal Information we have about you, although we reserve the right to charge a reasonable fee for this depending on the nature and frequency of your request(s) and our cost to provide the information.
Enforcement and Disputes: In compliance with the E.U.-U.S. and U.S. Swiss Privacy Shield, we commit to resolve complaints about your privacy and our collection or use of your Personal Information in a timely and reasonable manner. If you do not receive timely acknowledgement of your request or have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact us at email@example.com.
In addition to the above, you may lodge a complaint with your home data protection authority and can invoke binding arbitration for residual claims not resolved by other redress mechanisms. Contact details for the E.U. data protection authorities can be found at http://ec.europa.eu/justice/data- protection/bodies/authorities/index_en.htm.
Use of Site
The Site and the Services are available only to individuals who can form legally binding contracts under applicable law, and thus, are not available to minors. By using any of the Site, you represent that you are of sufficient legal age to use the Site and to create binding legal obligations for any liability you may incur as a result of the use of the Site.
The Site provides you with the ability to access various Services and content, including information about our Properties, learn about travel opportunities and upcoming events in the cities where the Properties are located, and connect with other users through our linked social sites. From the Site, you may also subscribe to our marketing emails, share your own travel photos and stories, and have the option to buy our gift certificates or gift cards. All of the Services and content accessible through the Site are for your personal, non- commercial use only and your access to and use of them are subject to these Terms.
Some of the features of the Site require you to create a user profile or user account and some may require you to pay fee. We will notify you when this is required. In addition, when you access the Site through a mobile network, your mobile network provider’s messaging, data and other fees may apply.
Third Party Products/Services and Websites
In addition to the content and Services we provide, the Site may provide you with the ability to access products, content, and services offered by or maintained by third parties. These may be accessible directly through the Site or be via links from the Site to third party websites. Regardless, we are not responsible for the products, content or services available from third parties – even if they are provided through the Site – or for how third-party sites are managed or the terms applicable to your use of them. Your access to and use of these third-party materials and websites are governed by the terms established by their owners/operators. You are responsible for reading those terms before you access or use the third-party products or websites. We accept no responsibility for any third-party materials or websites or for any loss or damage 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 Civic from any and all claims related to any third- party website.
Proprietary Rights and License
All of the products, content and Services available through the Site are protected by copyright owned by Civic or its licensors or licensees. This includes all products, product descriptions, videos, text, graphics, logos, images, photographs, artwork, derivative works, software, and any other material or information published on or used in connection with the Site (collectively, the “Site Content”). Similarly, all trademarks, service marks, trade names, trade dress and other indicia identifying the Site, Civic, or the products or Services available through the Site (“Marks”) are owned by Civic or it licensors or licensees. You do not obtain any rights in any of the products, content, or services available on the Site or other Site Content or the Marks by your use of the Site or otherwise. However, so long as you comply with these Terms, you do receive a limited license to use them as provided below. All rights in the products, content or Services and other Site Content and Marks are reserved to their respective owners.
Subject to these Terms, Civic grants you a personal, non-transferable, and non-exclusive limited license to access and use the Site for your own personal, non-commercial use. This license includes the right to (a) copy and download materials from the Site as needed for you to view them through your browser and (b) print screen shots of products, product descriptions, and similar materials for your personal reference use, provided you do not delete or modify any copyright or other proprietary notices. We may terminate this license upon notice to you, in which case you must cease all use of the licensed materials. Except as otherwise expressly permitted, you are not permitted to make any other use of the Site or the Site Content.
In addition to the above license, some content and Services may have their own license terms. For example, apps you may need to download and install to use Instagram® or Facebook® will all have their own license terms which are in addition to these Terms.
As above, the license we grant to you for the content and Services is limited. It is also subject to certain restrictions. Unless we give you express written authority, you may not (a) resell any of the products, content or Services or any other Site Content (or any portion thereof) on the Site; (b) distribute, publicly perform, or publicly display any of the above; or (c) modify or make any derivative uses of the Site or the Site Content (or any portion thereof).
In addition, under no circumstances are you permitted to:
use any data mining, scraper, spider robots, or similar data gathering or extraction methods to access, monitor, or copy any Site Content or other content or information used by the Site;
violate the restrictions in any robot exclusion headers on the Site or circumvent any other measures used to prevent or limit access to the Site;
take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
engage in deep-linking to any portion of the Site for any purpose;
“frame”, “mirror” or otherwise incorporate any part of the Site into any other web site;
use the Site or the Site Content other than for their intended purpose;
post content to the Site in violation of the Terms; or
violate any of guidelines applicable to posting images or content to our blogs or user photo pages.
Any use of the Site or Site Content other than as expressly permitted by these Terms will constitute a violation of the Terms and may constitute infringement of our intellectual property and other proprietary rights and a violation of applicable law.
You can make reservations for a stay at the Property through the Site or by calling the property directly. Reservations from the Site are handled by various third-party reservation companies (“Booking Company”), although you may make reservations through aggregators like Booking.com, Expedia, Orbitz, or Kayak (“Aggregators”). If you use the Booking Company or an Aggregator to book reservations at the Properties, additional terms may apply, and you are responsible for reviewing them before you make a reservation.
For information on cancellation and booking related policies, please refer to the terms and conditions on the Site and from the Booking Company.
Social and Community Features
As to any information or content that you submit or post to the Site, you represent and warrant that you have the right and authorization to do so without the need for additional permissions or consent of any third party. In addition to any other rules, guidelines or regulations that we may post in connection with a particular service or feature, you agree that you shall not do any of the following in or through the Site:
Upload, post, transmit (via e-mail, e-card, chat or otherwise), or otherwise make available any content, language or materials that are fraudulent, unlawful, defamatory, obscene, pornographic, vulgar, offensive, profane, sexually explicit, indecent, threatening, abusive, violent, illegal, rude, harassing, or otherwise improper, or that violates any applicable domestic or international law, or government regulation (including, without limitation, those of any city, municipality, state, foreign country, any securities exchange, the S.E.C., and the F.C.C.) or that contains software viruses, worms, or any other computer code or portions of code, programs, or files designed to interfere with, interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications or other equipment or to cause a security breach of such software, hardware, or other equipment;
Upload, post, transmit (via e-mail, e-card, chat or otherwise), or otherwise make available any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of commercial or political solicitation, except in those areas of the Site that we may expressly designate for such purposes;
Engage in or run raffles, lotteries, contests, sweepstakes, or chain letters or other pyramid schemes;
Disguise the origin of any content uploaded to, posted on, transmitted, or otherwise made available on or through the Site, including, without limitation, by forging headers, providing inaccurate intellectual property notices, or otherwise manipulating identifiers;
Modify, obscure, or eliminate Civic frame set, banner advertising, or any other content or information that originates from the Site;
Promote, encourage or provide instructions or information about how to engage in illegal conduct or commit illegal activities, promote discrimination against any race, origin, gender or religious group, promote physical harm or bodily injury, or promote any illegal act of cruelty to animals;
Collect or harvest screen names, collect or store personal data about other users, or solicit or attempt to discover a user’s password, screen name, or other registration information without the user’s express knowledge and consent;
Interfere with or disrupt the Site or any services or features thereon, or servers or networks connected to the Site, or violate any requirements, policies, regulations, or procedures of networks connected to the Site
Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
Provide links to websites, networks, content, or resources that themselves violate the letter or spirit of the Terms, or promote the violation of these Terms or make available tools or information whose primary use constitutes a violation of the letter or spirit of these Terms;
Use personal features or areas of the Site as storage for remote loading or as a door or signpost to another web page, whether inside or outside the Site; or
Interfere with the operation or design of any elements that we may add to users’ pages or other personal features or areas of the Site, including, without limitation, toolbars, advertising banners, watermarks, logos, or other messages of any kind.
We reserve the right, in our sole discretion, to adopt and post additional rules in any social or community area and to condition access to any such community features by any individual or group in accordance with age, geographic, or other criteria, to deny or restrict access by any individual or group who fails to meet that criteria or by anyone who fails to comply with our criteria or rules at any time, and to change or modify the criteria or rules at any time. We also reserve the right (but do not assume any obligation), in our sole discretion, to delete any postings, messages or other content on the Site that violate these Terms and to deny access by any user to the Site.
NOTICE: The information and content you submit through a social feature, may be recorded and stored in multiple places, both on the Site and elsewhere on the Internet, which are likely to be accessible for an extended period of time, and you have no control over who will read them. If you elect to participate in a feature that enables you to correspond with other participants of the service, some of your account information and other materials that you provide, such as your username, may be shared with other participants. You alone are responsible for the content and consequences of any of your messages or other materials submitted to the Site or through these social features. Because of the anonymity provided by usernames, you may not know at all times with whom you are interacting through these features. It is therefore important that you are careful and selective about the information that you disclose about yourself and others, and in particular, you should not disclose any sensitive, personal, proprietary or confidential information in your messages, comments or posts to our public or community features. Also, when using such features, DO NOT DISCLOSE YOUR PERSONAL INFORMATION (such as your real name, phone number, address or other information that would enable others to identify or locate you, either online or offline).
While using the social and community features on the Site, you may be exposed to content of other users with which you may disagree or that you may find offensive or objectionable, or that is inaccurate, misleading, or illegal. You expressly assume and agree to bear any, and all risks associated with the use of any such content and your exposure to any such content, including any reliance by you on the accuracy, integrity, usefulness, or completeness of such content. Civic will not be liable, and disclaims all liability, in connection with any harm, loss, or damages of any amount or type arising from your access to, or use of, the services or any content posted to, downloaded from, or otherwise made available through the Site, whether that content is posted to, downloaded from, or otherwise made available through the Site by Civic, you, another user, or any other third party.
We encourage you to report any suspected violations of these Terms or any other additional rules posted in connection with such activity or service, in particular as they relate to inappropriate behavior or activity in our chat services and other community features. You may contact us to report violations at firstname.lastname@example.org
Civic reserves the right, but not the obligation, to investigate and take appropriate legal action in its sole discretion against anyone who it believes violates these Terms, including without limitation, removing the offending communication in whole or in part from the Site, suspending or terminating the membership of such violators and/or suspending or terminating their right to use and access the Site.
User Generated Content
Civic may allow you to submit, upload or otherwise make available text, images, audio, video, competition entries or other content (“User Generated Content”) through the Site. All submissions must comply with the rules above for Social and Community Features as well as the “Content Submission Terms” we post on the Site.
Unless otherwise stated, when you share User Generated Content, we do not claim ownership of it. However, by doing so you grant Civic license to use it as provided in the Content Submission Terms.
You represent and warrant that your User Generated Content conforms to these Terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by these terms. You agree to indemnify and hold Civic and our subsidiary and affiliated companies, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.
To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of any Civic copyrighted works or materials, we grant you a non-exclusive license to create a derivative work using our copyrighted works as required for the purpose of creating the materials, provided that such license shall be conditioned upon your assignment to Civic of all rights in the work you create. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.
Communications with Civic
We like to hear from you. However, in your communications with us, please keep in mind that, unless we specifically request them, Civic does not solicit or wish to receive any confidential, secret or proprietary information or other material from you through the Site, by e-mail or in any other way, and we do not accept or consider any ideas or suggestions relating to products, services, marketing plans, or any other matters.
Any such submissions, materials, content, information, creative works, demos, ideas, questions, comments, answers, suggestions, concepts, methods, systems, designs, plans, techniques or the like submitted to us via the Site, mail, e-mail or otherwise, or transmitted, posted, or uploaded by you to the Site (collectively, “Your Submissions”) 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. We may delete or destroy Your Submissions at any time. Our receipt of Your Submissions is not an admission by us of their novelty, priority, or originality, and it does not impair our right to contest existing or future intellectual property rights relating to Your Submissions.
By submitting or sending Your Submissions to Civic, you grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and fully transferable, assignable and sub-licensable 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 Submissions 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 Submissions are accurate and, as permitted to be used by us under these Terms, do not and will not infringe any right of any third party.
By subscribing to one of our Services, entering a promotion or sending e-mail to us, you consent to receive email communications from us. Furthermore, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via the Site or otherwise, satisfy any legal requirement that such communications be in writing.
Civic reserves the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of security for the Site or its information technology or other systems or networks; (b) investigate any suspected breaches of these Terms or violations of any additional terms, conditions and rules posted in connection with a particular service or feature on the Site; (c) involve and cooperate with law enforcement authorities in investigating any such matters; (d) prosecute violators of these Terms to the full extent of the law; (e) delete or modify any content on the Site, including any materials or items you may have acquired through your use of the Site; and (f) discontinue any of the Site or terminate your access to them at any time, without notice, for any reason and without any obligation to you whatsoever.
Notice to International Visitors
The Site and the servers that make them available are located in the United States of America and are not directed to use by residents of other counties. 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.
Civic makes no representation that the Site are appropriate or available for use beyond the United States of America. If you use the Site from other locations, you are responsible for compliance with applicable local laws.
Banners, Advertisements and Promotions
Civic reserves the right to post banners, advertisements, promotions, and similar content throughout the Site. We may also allow advertisers and corporate partners to post content on the Site. This content may be targeted to users based on information they provide through use of the Site or other information. We do not control, endorse or adopt any such activity and we make no representation or warranties of any kind regarding it. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties found on or through the Site (including via the linked third-party sites) are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties, and the like). We disclaim all liability in connection with them.
Links to Other Sites
Contests and Promotions
From time-to-time, Civic provides promotions through the Site and associated media. Competitions that you enter through the Site may have supplemental rules and conditions, but the following general rules have been listed in full on the Site and apply unless otherwise provided.
Notice and Procedure for Making Claims of Copyright Infringement
We respect the intellectual property rights of others. If you think that your work has been copied in a manner that constitutes copyright infringement, please provide us with the following information:
a physical or electronic signature of the person authorized to act on behalf of the owner of the applicable copyright;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you that your notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner’s behalf.
We can be contacted as follows:
325 7th Ave N.
Seattle, WA 98109
Attn: Neha Nariya
We attempt to ensure the descriptions, products and Services, and other information on the Site are as accurate and complete as possible. However, we do not warrant that any information or content obtained on or through the Site is accurate, complete or error-free. We may modify the Site, in whole or in part, at any time and without prior notice.
WE DO NOT WARRANT THAT ANY CONTENT POSTED ON OR ACCESSED THROUGH THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NEITHER WE, NOR OUR SUPPLIERS, NOR THE PROPERTY OWNERS, WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS OR USE OF THE SITE OR SERVICES OFFERED THROUGH THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, NOR DO WE MAKE ANY WARRANTY WHATSOEVER REGARDING THE QUALITY OF ANY EXPERIENCE, PRODUCTS, SERVICES, INFORMATION OR ANY OTHER MATERIAL YOU OBTAIN THROUGH OR IN CONNECTION WITH THE SITE. ALL SERVICES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (including without limitation warranties of title or non-infringement, or implied warranties of merchantability or fitness for a particular purpose.) We may modify, delete, or supplement the content on the site, in whole or in part, at any time and without notice.
Limitation of Liability
Neither we, nor our suppliers, nor the property owners, shall have any liability for any loss or damage whatsoever, direct or indirect, including but not limited to incidental, consequential, punitive or indirect damages (including without limitation damages for loss of profits, business interruption, loss of data and the like) arising out of your use of or inability to use or access the site or any content provided on the site; any delay in use of or access to the site or content provided on the site; any claim arising from or relating to errors, omissions or inaccuracies in the content provided on or through the site; and/or statements or conduct of any third party on or in relation to the site, to the extent permitted by applicable law, even if we have been advised of the possibility of such damages. It is your exclusive responsibility to evaluate all content provided on the site for accuracy, completeness and usefulness.
Without waiving the exclusive governing law provision set forth below, some states do not allow the exclusion or limitation of liability for consequential or incidental damages. Therefore, the above limitation may not apply to you. In such states, our liability is limited to the greatest extent permitted by law.
The limitation of liability set forth above shall apply to every form of action, whether in contract, warranty, strict liability, negligence or other tort, and shall survive any breach of the terms or any agreement, or the failure of the essential purpose of the terms or an agreement or any exclusive remedy. Notwithstanding anything else herein, in no event shall our liability to you exceed $50.00.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may have other rights which vary from state to state.
Without limiting any provision in the previous section, Civic shall not be liable or be deemed to be in breach of these Terms for any failure to perform, or delay in performing, any of our obligations under this Agreement if the delay or failure was due to any cause beyond our reasonable control. Causes beyond our reasonable control shall include, but not be limited to, acts of God, flood, explosion, natural catastrophe, storms, fire or accident; war or threat of war, blockade, sabotage, insurrection, terrorism, riot or civil disturbance; acts, restrictions, regulations, laws, prohibitions or measures of any kind on the part of any governmental, international, federal, state or local authority; import or export regulations or embargoes; strikes or other industrial actions or trade disputes (whether involving employees of Civic or a third party); problems in obtaining raw materials, labor, transportation, fuel, parts or machinery; and power failure or breakdown in machinery, including computer or other equipment failure. In the event of any such default or delay, the date for performance shall be extended for a period equal to the period during which such aforesaid cause, circumstance or contingency remains in effect.
You agree that you are personally responsible for your use of the Site and its contents, and further agree to indemnify, defend and hold harmless us, our third party service providers, and the Property owners from and against any loss, damage, expense or liability of any kind (including attorneys’ fees and costs) resulting from your violation of any the Terms or your use of or access to the Site, your communications with us and/or your violation of the rights of any third party.
Binding Arbitration; Class Action Waiver
Except for matters relating to the enforcement of Civic’s intellectual property rights, all disputes, controversies, or claims arising out of or relating in any way to the Site, your participation in any of the features available through them and/or your purchase of any products, content or services shall be finally resolved by as provided below. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE WITH CIVIC BEFORE A JUDGE OR JURY. The 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. You and Civic agree to arbitrate 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 Civic 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 Civic expressly waive the ability to participate in any class or representative litigation.
If a dispute arises that is subject to arbitration, you must give us 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 we do not resolve our dispute within forty-five (45) days after receiving your notice, you may pursue arbitration as below by sending a written demand for arbitration to Civic at the address set forth above in “Copyright Claims.”
To begin an arbitration proceeding, you may send a letter requesting arbitration and describing your claim to : Civic Hotel, 325 7th Ave N., Seattle, WA 98109. You agree that the arbitration will be conducted by either the American Arbitration Association (“AAA”), adr.org, 1.800.778.7879, or the Judicial Arbitration and Mediation Services (“JAMS”), jamsadr.com, 1.800.352.5267. You can contact AAA or JAMS to find out more information on how to commence an arbitration proceeding. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s or JAMS’ applicable rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in a mutually agreed location.
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 Civic. If we cannot agree on an arbitrator, then an arbitrator shall be selected pursuant to Rule 12 of the 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 Civic in writing. You and Civic 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 us with written notice of your intention to do so 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 Site 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.
This section limits certain rights, including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in aaa or jams rules, and the right to certain remedies and forms of relief. Other rights that you would have in court also may not be available in arbitration. Any demand for arbitration must be filed within one (1) year of the time the cause of action occurred, or the cause of action SHALL BE FOREVER BARRED.
This Site (and associated Property websites) are controlled and operated from Seattle, WA, U.S.A. Neither we, nor the Property owners, nor any service providers make any representation that any content on the Site (or the Property websites), products or services offered or accessed on or through them are appropriate or available for use in other locations. If you access the Site or a Property website from a location outside the United States you do so on your own initiative and are responsible for compliance with all applicable laws of your jurisdiction.
You agree that the Terms, as they may be amended from time to time, set forth your and our entire understanding as to the subject matter of the Terms.
Nothing contained in these Terms shall be deemed to constitute a partnership or joint venture, or constitute an employment or agency relationship, between you and us.
If any provision of the Terms is found to be invalid or unenforceable, the remainder of the Terms shall remain in full force and effect, and all Terms shall be enforced to the fullest extent permitted by law.
No waiver or failure of ours to assert our rights under any provision of the Terms shall be valid unless in writing and signed by an officer of Civic. We may assign our rights and duties under the Terms, in whole or in part, to any party without notice to you. You may not assign your rights and duties, in whole or in part, without our prior written consent.
All rights not expressly granted herein are reserved to us. Questions about these Terms or the Site? Please contact us at the following address: Civic Hotel, 325 7th Ave N. Seattle, Washington 98109.