TERMS AND CONDITIONS

SCOPE

These Terms and Conditions govern your use of the public and non-public portions of Hotel Wren’s website (https://www.hotelwren29.com/). By accessing, using, viewing, reading, printing, installing, or downloading any material from the Site, or registering for the Site, you agree to be bound by these Terms and Conditions. You manifest your agreement to these Terms and Conditions by using the Site. If you do not agree to be bound by these Terms and Conditions and the other agreements/policies posted on the Site, you may not enter the Site and you must exit the Site immediately, you may not use or access the Site or any portion thereof, and you may not print or download any materials from the Site. You may use and access the Site only in accordance with these Terms and Conditions.

WE RESERVE THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS FROM TIME TO TIME WITH OR WITHOUT ANY PRIOR OR CONTEMPORANEOUS NOTICE TO YOU. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO PERIODICALLY REVIEW THESE TERMS AND CONDITIONS. YOUR CONTINUED ACCESS TO/USE OF ANY PART OF THE SITE AFTER SUCH MODIFICATION WILL CONSTITUTE ACKNOWLEDGMENT AND ACCEPTANCE OF THE MODIFIED TERMS.

BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE IMMEDIATELY EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, OR OFFERINGS AVAILABLE ON THE SITE, OR THESE TERMS AND CONDITIONS, IS TO CEASE USING THE SITE AND/OR THOSE PARTICULAR MATERIALS, PRODUCTS, OR OFFERINGS.

CHILDREN

Wren Hotel does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use only use the Site with permission of a parent or guardian.

PRIVACY

Your use of the Site is subject to Hotel Wren's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES

The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Hotel Wren and Hotel Wren 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. 

The inclusion of any link does not imply endorsement by Hotel Wren of the site or any association with its operators.

Certain services made available on the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that Hotel Wren may share such information and data with any third party with whom Hotel Wren has a contractual relationship to provide the requested product, service or functionality on behalf of Hotel Wren’s users and customers.

INTERFERENCE

Except where expressly permitted by law, you may not translate, reverse-engineer, decompile, disassemble or make derivative works from our Site. You agree that you will not use or attempt to use any method, device, software or interfere with the functioning of the Site or use and/or monitor any information in or related to the Site for any unauthorized purpose. You hereby agree not to use any automatic device or manual process to monitor or reproduce the Site. You will not use any device, software, computer code, or virus to interfere or attempt to disrupt or damage the Site.

THE USE OF MATERIALS IN ARTIFICIAL INTELLIGENCE (AI) IS STRICTLY PROHIBITED

You are not allowed to use any form of AI to create derivative work from the Site, including without limitation creating any form of deepfake. Any such AI created work is a direct violation of this agreement as well as a violation of our intellectual property and privacy rights. We do not authorize any use of the Site, or portion(s) thereof, for AI derivative work, either generative or otherwise.

INTELLECTUAL PROPERTY RIGHTS

All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Hotel Wren or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Hotel Wren and the material’s copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Hotel Wren or our licensors except as expressly authorized by these Terms and Conditions.

INTERNATIONAL USERS

The Site is controlled, operated and administered by Hotel Wren from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

FORCE MAJEURE

We shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, pandemics, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking of our systems or third-party service provider’s systems, spam, or any failure of a computer, internet service provider, server or software, for so long as such event continues to delay our performance.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Hotel Wren, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Hotel Wren reserves the right, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Hotel Wren in asserting any available defenses.

LIABILITY LIMITATION

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HOTEL WREN AND/OR ITS SUPPLIERS MAY MAKE CHANGES TO THE SITE AT ANY TIME. HOTEL WREN AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. HOTEL WREN AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HOTEL WREN AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HOTEL WREN OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

TERMINATION/ACCESS RESTRICTION

Hotel Wren reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.

GOVERNING LAW

These Terms and Conditions and all matters arising out of or otherwise relating to these Terms and Conditions shall be governed by the laws of the State of California, excluding its conflict of law provisions. You and we hereby submit to the personal jurisdiction of the state and federal courts of Los Angeles County, California. Exclusive venue for any litigation or arbitration permitted under this Agreement shall be with the state and federal courts located in Los Angeles County, California.

RIGHT TO INJUNCTIVE RELIEF

You recognize that, in the event that you fail to adhere to these Terms and Conditions, you may cause material, irreparable injury to us. You also recognize and acknowledge that our remedy at law may result in, and/or otherwise be, inadequate relief to us, and/or, it may not be possible to measure precisely the damages for any or all of our injuries. Therefore, you acknowledge and agree that we, at our sole option, shall be entitled to temporary, preliminary and/or permanent injunctive relief for any breach or threatened breach by you of these Terms and Conditions without the necessity of us proving actual damages. You acknowledge that any injunctive relief sought by us shall not preclude us from seeking or obtaining, before, during or after, any other relief to which we may be entitled either in law or equity. Should we be required to seek injunctive relief, you acknowledge that we will not be required to post any bond or other security.

BINDING ARBITRATION

If there is a dispute between you and us arising out of or otherwise relating to this Agreement, both parties shall first meet and negotiate in good faith to attempt to resolve the dispute. This meeting shall be within 60 days from the date the other party is informed of any violations. This meeting can be via video conference or telephone conference. If the parties are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either Party may submit the issue to binding arbitration in accordance with the then-existing Commercial Arbitration Rules of JAMS. Arbitral Claims shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state or local law, statute, or regulation. The arbitration shall be conducted in Los Angeles County, California, and conducted by a single arbitrator, knowledgeable in Internet and e-Commerce disputes. The arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of these Terms and Conditions; and shall be bound by governing and applicable law. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. Arbitration shall be in person. You and we shall equally share the costs of arbitration. A party that does not contribute their share of the arbitration costs at the times and deadlines provided by JAMS shall be precluded from participating in arbitration and, to the maximum extent allowed by law, waives their rights. TO THE EXTENT ALLOWED BY LAW, THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.

CLASS ACTION WAIVER

All claims, whether in arbitration or otherwise, must be brought solely in your individual capacity, and not as a plaintiff or class member in any purported class or collective proceeding. YOU EXPRESSLY ACKNOWLEDGE THAT AGREE TO WAIVE, WITH RESPECT TO ANY DISPUTE: (I) THE RIGHT TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER; AND (II) THE RIGHT TO JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSON.

ATTORNEY'S FEES

In the event any party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce the terms and conditions of this agreement, or relating in any way to this agreement, including without limitation your breach or threatened breach of this agreement, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorney's fees and costs incurred in connection therewith, including attorney's fees incurred on appeal, up to the maximum amount of $5,000.

NO WAIVER

No waiver by Hotel Wren Company of any provision of these Terms and Conditions shall be deemed a waiver of any subsequent default of the same provision of these Terms and Conditions, or any other provision.

ADDITIONAL TERMS AND CONDITIONS

Your use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Hotel Wren as a result of this agreement or use of the Site. Nothing contained in this agreement is in derogation of Hotel Wren's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Hotel Wren with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Hotel Wren with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Hotel Wren with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

HEADINGS

All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these Terms and Conditions.

CHANGES TO TERMS

Hotel Wren reserves the right, in its sole discretion, to change these Terms and Conditions. The most current version of the Terms will supersede all previous versions. Hotel Wren encourages you to periodically review these Terms and Conditions to stay informed of our updates.

GDPR

Hotel Wren respects and complies with the EU General Data Protection Regulations (GDPR).

CONTACT US

Hotel Wren welcomes your questions or comments regarding the Terms:

Via Mail:
Hotel Wren
6340 El Rey Ave
Twentynine Palms, CA 92277

Email: Privacy@HotelWren29.com