Terms And Conditions

TERMS OF SERVICE
NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS OF SERVICE CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND WE MAY HAVE AGAINST EACH OTHER ARE RESOLVED (SEE SECTION 22 BELOW), INCLUDING AN AGREEMENT AND OBLIGATION TO ARBITRATE DISPUTES, WHICH WILL, SUBJECT TO LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT TO CLAIMS YOU HAVE AGAINST US TO BINDING ARBITRATION, UNLESS YOU OPT OUT IN ACCORDANCE WITH SECTION 22(F). UNLESS YOU OPT-OUT OF ARBITRATION: (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

1. ACCEPTANCE OF TERMS
Cachet Hospitality Group, its parents, subsidiaries, related companies and other controlled affiliates (collectively, “we,” “us,” and “our”) provide our service to you, including information about our hotel and resort properties (“Hotel(s)”) and any residential projects that may be associated therewith (“Residences”, and together with Hotel(s), collectively, “Properties”) subject to the following Terms of Service (“Terms”). The Terms cover all information, data, and services available at all our affiliated websites and any other websites and mobile applications operated by us that link to these Terms (collectively, the “Website”). Unless explicitly stated otherwise, any new features that augment or enhance the current Website shall be subject to these Terms. We reserve the right to provide you with operating rules or additional terms that may govern your use of the Website generally, unique parts of the Website, or both (“Additional Terms”). Any Additional Terms that we may provide to you are hereby incorporated by reference into these Terms. To the extent any Additional Terms conflict with these Terms, the Additional Terms will control.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE. BY ACCESSING AND/OR USING THE WEBSITE (OTHER THAN TO READ THESE TERMS FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS, WHICH MAY CHANGE FROM TIME TO TIME AND WILL BE DEEMED EFFECTIVE AS SET FORTH IN SECTION 23 BELOW. IF YOU USE THE WEBSITE AFTER CHANGES TO THESE TERMS BECOME EFFECTIVE SUCH USE WILL SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE CHANGES. YOU SHOULD CHECK THIS PAGE FREQUENTLY AND REVIEW THESE TERMS REGULARLY SO YOU ARE AWARE OF THE MOST CURRENT RIGHTS AND OBLIGATIONS THAT APPLY TO YOU. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS OR USE THE WEBSITE.

2. ELIGIBILITY
The Website is only made available to users 18 years of age or older. If you are not 18 years old, please discontinue using the Website immediately, or if for any reason, you do not agree with all of the terms and conditions contained in these Terms, please discontinue using the Website immediately. By using or attempting to use the Website, you certify that you are at least 18 years of age and meet any other eligibility and residency requirements of the Website.
If you are located in the European Union or elsewhere outside of the United States, your use of this Website is at your own risk and initiative and you, not us, are responsible for compliance with any applicable local and national laws. By using this Website, participating in any Website activities, and/or providing us with your personal information, you: (a) consent to the transfers and processing of any information you provide to the Website; (b) acknowledge that U.S. law provides a lower standard of protection for personal data than the laws of other jurisdictions including, but not limited to, the European Union; and (c) understand that this Website will deal with your information in accordance with our Privacy Policy and U.S. law. Consequently, you hereby waive any claims that may arise under the laws and regulations that apply to you in any other country or jurisdiction.

3. INFORMATION YOU PROVIDE
We may ask you for certain information in order to provide you with services you request, such as reservations or Property information. By providing information on our Website, such as in conjunction with a request for services, you agree to provide accurate, current and complete information about yourself as prompted (such information being the “User Data”) and maintain and promptly update your User Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is inaccurate, not current or incomplete, we may deny you access to areas of the Website or our services, at its sole discretion.
When you provide us with User Data, you may receive certain commercial communications from us related to content found on the Website. You may opt out of receiving these communications at any time by sending an email to [to be inserted].

4. PRIVACY POLICY
Your User Data, as well as information that you may provide or that otherwise may be collected from or about you at other times during your use of the Website, is collected, used, and disclosed in accordance with our Privacy Policy, which is incorporated by reference into these Terms.

5. ACCOUNT PASSWORD AND SECURITY
The Website may contain features that require registration (“Restricted Areas”). You are not required to register to use the Website, but may not be able to access some content without registration. At the time of registration for online account access, you will select a Username and Password to be used in conjunction with your account. You are responsible for maintaining the confidentiality of your Password, and are fully responsible for all uses of your Password, whether by you or others. You agree

to:

(a) keep your Password confidential and not share them with anyone else; (b) immediately notify us of any unauthorized use of your Password or account or any other breach of

security; and

(c) use only your Password to access the Website’s Restricted Areas. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You acknowledge and agree that we are authorized to act on instructions received through use of your

Password,

and that we may, but is not obligated to, deny access or block any transaction made through use of your Password without prior notice if we believe your Password is being used by someone other than you, or for any other reason.
You acknowledge, consent and agree that we may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary: (i) to comply with legal process; (ii) to enforce the Terms; (iii) to respond to claims that any content violates the rights of third parties; (iv) to respond to your requests for customer service; or (v) to protect our rights, property, or personal safety, our users and the public.

6. WEBSITE ACCESS AND USE
By using the Website, you acknowledge and agree that the Website is provided for your information and for your personal, non-commercial use only. When using the Website, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law. Except as expressly permitted in these Terms, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit the Website or any of its content, including any text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, or interactive features (collectively, the “Website Content”), for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its respective owner. Without limiting the foregoing, you may not copy images from the Website and use them in promotions for property rentals or meetings, even if such property rentals or meetings are located at one of our Properties. You may download or print one copy of Website Content for your personal, non-commercial use only, such as to view, print, or email the information, but you warrant that you will not, under any other conditions, reproduce, duplicate, copy, sell, trade, resell, modify, distribute, decompile, disassemble, or reverse engineer any portion of the Website. You also acknowledge that you do not acquire any ownership rights by downloading or printing Website Content.
Furthermore, except as expressly permitted in these Terms, you may not:
remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website or Website Content;
circumvent, disable or otherwise interfere with security-related features of the Website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or Website Content;
use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Website or Website Content for any purpose without our express written permission. Notwithstanding the foregoing, we grant public search engine operators permission to use automatic devices (such as robots or spiders) to copy Website Content from the Website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website Content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time;
transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
collect or harvest any personally identifiable information from the Website including, without limitation,

user names

, passwords, or email addresses;
solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same;
decompile, reverse engineer, or disassemble any portion of any the Website;
use network-monitoring software to determine

architecture

of or extract usage data from the Website;
encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity;
affect us adversely or reflect negatively on us, the Website, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Website, or from advertising, linking or becoming a supplier to us in connection with the Website;
violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
engage in any conduct that restricts or inhibits any other user from using or enjoying the Website.
Furthermore, you agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms.

7. MODIFICATION TO SERVICE
We reserve the right at any time to modify, discontinue or remove, temporarily or permanently, the Website and/or the Website Content (or any part thereof), including the Restricted Areas, with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension, removal or discontinuance of the Website.

8. TERMINATION
You agree that we may, in our sole and absolute discretion and without notice or liability to you or any third party, immediately terminate your access to the Website and/or the Restricted Areas. Grounds for such termination shall include, but not be limited

to:

(a) failing to comply with the letter or the spirit of the Terms, Additional Terms, or other agreements or guidelines; (b) requests by law enforcement or government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification of the Website (or any part thereof); (e) unexpected technical or security issues or problems; and (f) extended periods of inactivity. Termination of your access and/or account(s) may include: (x) removal of access to all offerings within the Website’s Restricted Areas; (y) at our sole discretion, the deletion of all of your Website account information and other content associated with your Website account (or any part thereof); and (z) barring further use of the Website’s Restricted Areas.
Any suspension or termination shall not affect your obligations to us under these Terms. The provisions of these Terms which by their nature should survive the suspension or termination of your access to or use of the Website, your account, or these Terms shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, arbitration and dispute resolution, no class action, no trial by jury, and all of the miscellaneous provisions set forth below.

9. USER CONTENT
We may now or in the future permit users to post, upload, transmit through, or otherwise make available on the Website (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on the Website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
You represent, warrant, and covenant that you will not submit any User Content that:
violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;
affects us adversely or reflect negatively on us, the Website, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourages any person, firm or enterprise from using all or any portion, features or functions of the Website, or from advertising, linking or becoming a supplier to us in connection with the Website;
impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable;
encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
is an advertisement for goods or services or a solicitation of funds;
includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;
contains a formula, instruction, or advice that could cause harm or injury; or
results in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing.”
Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the Website will not be permitted.
By submitting User Content to us, simultaneously with such submission you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation (a) in connection with our business; and (b) in connection with the businesses of our strategic partners as well as the owners of Properties, restaurants, and spa destinations (“Venues”) and their respective parents, subsidiaries, affiliates and other related companies that we manage but do not own, the owners and operators of Venues, and the owners and operators of certain residential properties associated with or located in proximity to various Venues (as well as the respective parents, subsidiaries, affiliates, related companies, and

designees

of any of the foregoing) (collectively, “Property Partners”). We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright or

other intellectual property right

that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of the Website and these Terms.
By submitting User Content, you also grant us the right, but not the obligation to use your biographical information including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content. You waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” or rights of “

droit

moral” with respect to the User Content.
We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).

10. DEALINGS WITH ADVERTISERS AND OTHER USERS
Your correspondence or business dealings with, or participation in promotions of, advertisers and other third parties found on or through the Website, including payment for and delivery of related goods and services, and any other Terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Website.

11. LINKS
The Website may provide links to third-party websites, advertisements or resources. Because we have no control over such sites, advertisements, and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with

use

of or reliance on any such content, goods or services available on or through any such site or resource.

12. E-COMMERCE
All features, content, specifications,

products

and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain weights,

measures

and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession,

use

and sale of any item purchased from the Website. By placing an order, you represent that the products ordered will be used only in a lawful manner. You may be presented with additional terms related to a specific purchase before you confirm the transaction (such as shipping terms for tangible goods). Those additional terms will also govern that transaction.
We attempt to ensure that information on the Website is complete, accurate and current. Despite our efforts, the information on the Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on the Website. For example, products included on the Website may be unavailable, may have different attributes than those listed or may actually carry a different price than that stated on the Website. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
The Website may allow you to make payments using a number of different payment sources, like credit cards and debit cards. When you provide a payment source to us, you confirm that you are permitted to use that payment source. You also authorize us to collect and store it, along with other related transaction information. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount to the payment source you designate for the transaction. If you pay by credit or debit card, we may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. We will bill your card at the time of purchase or shortly thereafter. If you cancel a transaction before completion, that pre-approval may result in your funds not otherwise being immediately available. If you pay by debit card and your payment results in an overdraft or

other fee

from your bank, you alone are responsible for that fee.
If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify us immediately so that we may take action to attempt to prevent financial loss. To the fullest extent permitted by law, you waive all claims against us related to payments unless you submit the claim to us within 30 days after the charge. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted.
Your only remedy for a technical failure or interruption of service is to request that your transaction

be

completed at a later time.

13.CONTESTS, SWEEPSTAKES, AND PROMOTIONS
From time to time, we, or our service providers, suppliers, advertisers, and other third parties may conduct promotions on or through the Website, including, without limitation, contests and sweepstakes (“Promotions”). Each Promotion may have official rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of these Terms.

14. INDEMNITY
You agree to indemnify, defend, and hold us and our parent, subsidiaries, related companies, controlled affiliates, members, officers, directors, employees, agents, partners, licensors, service providers, strategic partners, Property Partners, and distribution partners (collectively, the “Indemnified Entities”), harmless from all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) made by any third party arising out of, related to, or that may arise in connection with: (a) your use of the Website; (b) any transaction resulting from use of the Website, your connection to the Website; (c) your actual or alleged breach of any of the representations, warranties, covenants, or provisions of these Terms or any applicable law or regulation; (d) your submission, posting, or transmission of personally identifiable information or other data to the Website; (e) your violation of any rights of another; or (f) your other acts and omissions.

15. OUR PROPRIETARY RIGHTS
All title,

ownership

and intellectual property rights in and to the Website and the Website Content (and any derivative works or enhancements of the same) are owned by us or our licensors. You acknowledge and agree that the Website contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by us, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website or the Website Content, in whole or in part. Except for the limited use rights granted to you in these Terms, you shall not acquire any right, title or interest in the Website or any Website Content. Any rights not expressly granted in these Terms are expressly reserved.

16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, THE WEBSITE CONTENT AND ALL PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT OF THE LAW, THE INDEMNIFIED ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING ANY: (A) WARRANTIES THAT THE WEBSITE, WEBSITE CONTENT, OR ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; (B) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE, WEBSITE CONTENT, OR ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH THE WEBSITE; (C) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (D) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE; (E) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (F) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (G) WARRANTIES THAT ERRORS IN THE WEBSITE WILL BE CORRECTED. We ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO PROVIDE ANY CONTENT OR TO STORE ANY PERSONALIZATION SETTINGS OR USER MATERIALS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

17. LIMITATION ON LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE ABOVE LISTED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM, ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH: (A) THE USE OR THE INABILITY TO USE THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE WEBSITE OR THESE TERMS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT IS TO STOP USING THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE WEBSITE. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF THE WEBSITE OR THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

18. TRADEMARK INFORMATION
Our trademarks and service marks (the “Marks”). We own all intellectual property rights to the Marks. You shall not acquire any right, title or interest in or to the Marks. Any rights not expressly granted in these Terms are expressly reserved. You agree that you will not display the Marks, or use the Marks in any manner, without our prior written permission.

19. CHOICE OF LAW
The Terms and the relationship between you and us shall be governed by the laws of the State of California without regard to its conflict of law provisions.

20. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to these Terms.

21. COPYRIGHT POLICY
We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the access of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and

in

our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent may be reached via email

at:

[to be inserted].
If you are a copyright owner (or authorized to act on behalf of the copyright owner) and have a good faith belief that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.’
Identification of the copyrighted work claimed to have been infringed,

or,

if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, such as a specific URL address.
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages

on

any person who knowingly sends meritless notices of infringement. Please do not make false claims.
Any information or correspondence that you provide to us may be shared with third parties, including the person who provided us with the allegedly infringing material.
Upon receipt of a bona fide infringement notification by the Designated Agent, it is our policy to remove or disable access to the infringing material, notify the user that it has removed or disabled access to the material, and, for repeat offenders, to terminate such user’s access to the service.
If you believe that your content should not have been removed for alleged copyright infringement, you may send our Designated Agent a written counter-notice with the following information:
Identification of the copyrighted work that was removed, and the location on this Website where it would have been found prior to its removal;
A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification; and
Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.

22. ARBITRATION
PLEASE READ THIS FOLLOWING CLAUSE CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Initial Dispute Resolution. We are available by email at [to be inserted] to address any concerns you may have regarding your use of the Website. Most concerns may be quickly resolved in this manner. We and you (each a “party” and together, the “parties”) shall use best efforts to settle any dispute, claim, question or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
Agreement to Binding Arbitration. If the parties do not reach an

agreed upon

solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 22(a) above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms (including their formation, construction, validity, interpretation, performance and enforceability), the parties’ relationship with each other and/or your use of the Website shall be finally settled by binding arbitration administered by the American Arbitration Association on a confidential basis in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including but not limited to any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this agreement shall be governed by the Federal Arbitration Act.
THE AAA’S RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING THE AAA AT 1.800.778.7879. TO THE EXTENT THE FILING FEE FOR THE ARBITRATION EXCEEDS THE COST OF FILING A LAWSUIT, WE WILL PAY THE ADDITIONAL COST. A REQUEST FOR PAYMENT OF FEES SHOULD BE SUBMITTED TO AAA ALONG WITH YOUR FORM FOR INITIATING THE ARBITRATION, AND WE WILL MAKE ARRANGEMENTS TO PAY ALL NECESSARY FEES DIRECTLY TO THE AAA. IF THE ARBITRATOR FINDS THE ARBITRATION TO BE NON-FRIVOLOUS, WE WILL PAY ALL OF THE ACTUAL FILING AND ARBITRATOR FEES FOR THE ARBITRATION, PROVIDED YOUR CLAIM DOES NOT EXCEED $75,000. THE ARBITRATION RULES ALSO PERMIT YOU TO RECOVER ATTORNEYS’ FEES IN CERTAIN CIRCUMSTANCES.
THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAT IN COURT.
Class Action and Class Arbitration Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in section 22(b) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exceptions – Intellectual Property Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief under law or in equity (including without limitation preliminary or other injunctive relief) in any court of competent jurisdiction for disputes or claims arising out of the alleged infringement of either party’s intellectual property rights.
Exceptions – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in small claims court for disputes or claims within the scope of that court’s jurisdiction.
30 Day Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in sections 22(b), 22(c), 22(d) and 22(e) by sending notice of your decision to opt-out to us by email. The notice must be sent within thirty (30) days after your first use of the Website,

otherwise

you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in section 22(b) do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in State of California, Orange County (except for small claims court actions which may be brought in the county where you reside, provided that we are subject to jurisdiction there). The parties expressly consent to exclusive jurisdiction in the State of California, Orange County for any litigation other than small claims court actions. The parties also expressly agree that, to the extent that the arbitration provisions set forth in section 22(b) do not apply, these Terms shall be construed in accordance with the laws of the State of California without regard to its conflict of laws rules that would result in the application of the laws of a jurisdiction other than the State of California. The parties also expressly agree that, to the extent that the arbitration provisions set forth in section 22(b) do not apply, the parties expressly waive the right to trial by jury.

23. HOTEL AND RESIDENCE DISCLOSURES
All renderings, photos, simulated views, graphic images, drawings and all other information depicted on the Website are illustrative only and may not reflect the final design of the depicted Properties, or the features,

furnishings

and amenities of the Properties.
The final design of certain facilities, including certain Properties,

spas

and other recreational facilities, may

have not

been completed. Accordingly, the possibility exists that changes and/or modifications will be made to the development,

design

and layout.
Access to and rights to use recreational and hotel amenities within the Property developments may be subject to payment or use fees, membership requirements, or other limitations.
The Website and the Website Content are not a solicitation for purchasers of residences in any state where the offering has not been registered or where the offering does not qualify for an exemption from registration.
OBTAIN THE PROPERTY REPORT OR ITS EQUIVALENT, REQUIRED BY FEDERAL AND STATE LAW, AND READ IT BEFORE SIGNING ANYTHING. NO FEDERAL OR STATE AGENCY HAS JUDGED THE MERITS OR VALUE, IF ANY, OF THIS PROPERTY.
WARNING: THE CALIFORNIA DEPARTMENT OF REAL ESTATE HAS NOT EXAMINED THIS OFFERING, INCLUDING, BUT NOT LIMITED TO, THE CONDITION OF TITLE, THE STATUS OF BLANKET LIENS ON THE PROJECT (IF ANY), ARRANGEMENTS TO ASSURE PROJECT COMPLETION, ESCROW PRACTICES, CONTROL OVER PROJECT MANAGEMENT, RACIALLY DISCRIMINATORY PRACTICES (IF ANY), TERMS, CONDITIONS, AND PRICE OF THE OFFER, CONTROL OVER ANNUAL ASSESSMENTS (IF ANY), OR THE AVAILABILITY OF WATER, SERVICES, UTILITIES, OR IMPROVEMENTS. IT MAY BE ADVISABLE FOR YOU TO CONSULT AN ATTORNEY OR OTHER KNOWLEDGEABLE PROFESSIONAL WHO IS FAMILIAR WITH REAL ESTATE AND DEVELOPMENT LAW IN THE COUNTRY WHERE THIS SUBDIVISION IS SITUATED.

23. UPDATES
We may update these Terms by posting a new version at www.cachetboutiquenyc.com and on the homepage of any other Website to which these Terms apply. Your continued use of the Website after any such update constitutes your binding acceptance of such changes. If you do not agree to be bound by relevant changes, you should not continue to access the Website. Unless explicitly stated otherwise, any new features that augment or enhance the current Website shall be subject to these Terms.

24. GENERAL INFORMATION
Entire Agreement. The Terms constitutes the entire agreement between you and us with respect to the Website and supersedes any prior agreements, oral or written, between you and us.
Waiver and Severability of Terms. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

Statute

of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Section Titles. The section titles in the Terms are for convenience only and have no legal or contractual effect.

25. VIOLATIONS
You agree that you will report any violations of the Terms to us by email at privacy@cachetboutiquenyc.com.

Cookie policy

COOKIES AND OTHER TECHNOLOGIES
Like many other websites, our Websites may use cookies and Other Technologies to help us and third parties: obtain information about your visits to the Websites; deliver online and mobile advertisements and content for us and for third parties that are tailored to your apparent interests; process your reservations, purchases or requests; analyze your visiting patterns; personalize your experience on the Websites; facilitate social media functions; and engage in website and advertising analytics.

“Cookies” are small text files that are stored on your computer or device when you visit a website, if your web browser or device settings permit. Some cookies are stored only temporarily during a browsing session and are deleted when you close your browser (session cookies). Other cookies are not deleted when you close your browser, but are saved on your computer or device for a fixed period of time or until you delete them (persistent cookies). Each time you visit the Websites the server that set the cookie will recognize the persistent cookie stored on your computer or device. Various types of cookies may be used on our Websites, including:

Cookies that are necessary for the Websites to work and enable you to navigate through and take advantage of our Websites and their features. HTTP request header information in order make our Websites function correctly and to personalize content presented to you, better understand how visitors use our Websites, and how we can better meet your needs.

Cookies that determine your browser’s ability to receive HTML email messages to determine the appropriate format for you to receive and read email. Advertising cookies that allow us and other advertisers to serve you advertisements. Some advertising cookies help us to provide you with content on the Websites that is tailored to your interests and needs. Advertising cookies also enable our service providers and other advertisers serve ads to you when you browse other websites and mobile applications that are based on your apparent interests, including those that are inferred based on your activities across websites and mobile applications and over time. Other advertising cookies may help prevent you from seeing the same ad twice. Analytics cookies collect information about your use of the Websites and your interaction with our content and advertisements to help us better understand and improve the way that the Websites work and to track and improve our advertising campaigns. These cookies provide us with aggregated information on metrics such as the most frequently visited pages on our Websites, help us understand how our visitors reach the Websites, show us how frequently various pages of our Websites are visited, help us understand whether our advertising is effective, and allows us to see overall patterns of the usage of our website.

Social Media cookies that show social media platforms whether users are logged in to those platforms. These cookies are set by social media platforms.

Many web browsers may be initially set to accept cookies. If you prefer, you can set your web browser to refuse cookies. You may also delete cookies manually from your hard drive through your internet browser or other programs. For more information on how to manage browser cookies, see http://www.allaboutcookies.org. You also can learn more about opting out of our vendors’ and other advertisers’ use of cookies used to tailor ads and other content to you by visiting http://www.networkadvertising.org/managing/opt_out.asp and http://www.aboutads.info/choices. Click to review the Analytics and Online Tracking sections below to learn more about how to opt-out of other advertising cookies and analytics cookies. Please keep in mind that although you may disable cookies in your browser and still access and use the Websites, disabling cookies may prevent you from taking advantage of certain features on the Websites. Please also note that disabling or clearing cookies may affect cookie-based opt-outs by either preventing you from using such opt-outs or clearing cookie-based opt-outs that you previously set, in which case you would have to revisit the applicable pages and renew your opt-out after clearing cookies. Managing cookies also will not disable non-cookie technologies present on the Websites and Apps.

Other Technologies also may be used on the Websites, allowing us and our third-party service providers to: track customer response to our advertisements, Website content and emails; determine our users’ ability to receive HTML-based emails and to know how many users open an email; allow our service providers to compile aggregated statistics about our email and advertising campaigns; enable us to better target advertising and provide offers and promotions that we believe may be of interest to you; and enhance customer support and the usability of our Website.

Privacy policy

Effective Date: October 6, 2017

Cachet Hospitality Group ( “we”, “our” or “us”) provides this privacy policy (the “Privacy Policy”) to describe the types of information we collect from you when you visit and use our websites and any other webpages operated by us that link to this Privacy Policy (the “Website(s)”), and our practices for collecting, using, and disclosing that information.

This Privacy Policy applies to information collected from or about you on the Websites, through email and other electronic messages between you and the Websites, and when you interact with our advertising on third-party websites, if that advertising includes links to this Privacy Policy. This Privacy Policy does not apply to information that may be collected by us offline or through any other means, including on any other websites operated by us or any third parties (including our affiliates). This Privacy Policy also does not apply to information collected by any third party, including through any application or content (including advertising) that may link to or be accessible from the Website. Certain transactions and services offered while visiting the Websites may be processed or provided by service providers and other strategic partners, even though it appears that you may not have left the Website (e.g., reservations, payment processing, hosting).

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. BY ACCESSING OR USING THE WEBSITES, YOU CONSENT TO OUR COLLECTION, USE AND DISCLOSURE OF INFORMATION ABOUT YOU AS DESCRIBED IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH OUR POLICIES AND PRACTICES, DO NOT USE OUR WEBSITES. Your continued use of the Websites after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates.
The Websites are operated from the United States in accordance with laws of the United States and visitors to the Websites should be aware that the laws of the United States may differ from those of your country of residence. If you are located in the European Union or elsewhere outside of the United States, your use of the Websites is at your own risk and initiative and you, not us, are responsible for compliance with any applicable local and national laws. By using the Websites, participating in any Website activities, and/or providing us with your personal information, you: (i) consent to the transfers and processing of any information you provide to the Websites; (ii) acknowledge that U.S. law provides a lower standard of protection for personal data than the laws of various countries including, but not limited to, the European Union; and (iii) understand that the Websites will use, process and share your information in accordance with our Privacy Policy and U.S. law. Consequently, you hereby waive any claims that may arise under the laws and regulations that apply to you in any other country or jurisdiction.

Click on one of the links below to jump to a specific section:
Types of Information We Collect and How We Collect It
Personal Information You Provide To Us
Automatically Collected Information
Cookies and Other Technologies
Online Tracking
Analytics
Use of Personal Information
How We Share Personal Information
Third-Party Websites and Third-Party Advertising
Widgets and Plug-Ins
Minors
Protecting Your Information
Your California Privacy Rights
Your Choices
Changes to this Privacy Policy
Contact Us / Questions

TYPES OF INFORMATION WE COLLECT AND HOW WE COLLECT IT
We collect various types of information from and about you on the Websites, including:
“Personally Identifiable information” or “personal information,” which is information by which you may be personally identified or contacted, such as your first and last name, email address, postal address, billing address, telephone numbers (including mobile telephone numbers), credit/debit card number, or any other identifier by which you may be contacted offline or online. Personal information also may include information that is not personally identifiable standing alone (for example, your travel dates) but is when stored with personally identifiable information (for example, your travel dates together with your first and last name). Many pages on our Websites can be visited without providing any personal information. On other Website pages, you may be prompted or invited to provide certain personally identifiable information, such as to join our mailing list or to receive brochures or other promotional materials about our branded developments or other offers that may be of interest to you. Certain features of some Websites, such as reservations, may require credit card and billing information as well.
“Non-personal information,” which is data that is about you but which does not identify you as an individual and is not linked to your personal information. This may include information such as (i) your travel dates, birth date, nationality, gender, preferred airline, communication preferences, traveler and guest preferences, goods and services purchased, special requests made, and other preferences that require specific accommodation, and (ii) information about your Internet connection, the equipment you use to access our Websites, and usage details about your activities while using our Websites. Non-personal information also may include personal information that has been aggregated or de-identified such that it is rendered anonymous. For example, survey information that you volunteer may be de-personalized and/or aggregated such that it no longer personally identifies you, and would then be considered non-personal information. Non-personal information often is collected through the use of cookies and anonymous identifiers, pixel tags, beacons, scripts, and other similar technologies (“Other Technologies”). Click here to learn more about how these technologies are used on the Websites. Non-personal information (including anonymized information and non-personal information that is automatically collected as you navigate through and use the Websites) is not subject to this Privacy Policy, and we can use and share such information with third parties without restriction for any lawful purpose.
We collect information from and about you on or through the Websites directly from you when you provide it to us (for example, via forms that you fill out on the Websites, in emails and other communications and information that you submit via the Websites, and when you make a reservation), and automatically as you access and navigate through the Websites through the use of cookies and Other Technologies.

PERSONAL INFORMATION YOU PROVIDE TO US
The personal information we collect on or through the Websites may include:
Information you provide by filling out forms on the Websites. This includes, for example, information you provide when you make a reservation, purchase a gift card or make another purchase on the Websites, sign up to receive emails, offers or other information, email us or our properties through the Websites, submit a question or report a problem with our Websites, submit a Request for Proposal, or submit a form to plan a wedding at our property.
Information you provide when you register our gift card on the Websites.
Information you provide to enter and participate in sweepstakes, contests or promotional offers.
Records and copies of your correspondence, including email addresses, if you contact us, our properties or our service providers through the Websites.
Information you provide in response to surveys.
Details of transactions that you carry out through the Websites and the fulfillment of your order.

AUTOMATICALLY COLLECTED INFORMATION
As you navigate through and interact with the Websites, we and our service providers may use automatic data collection technologies, such as cookies and Other Technologies, to collect certain information, including:
Information about your visits to our Websites, such as traffic data, logs, page requests, search terms, the referring page, the time, date and duration of your visits to our Websites, clickstream data, other communication data, the links that you click, your search queries, and the resources and content that you access and use on the Websites.
Information about your Internet connection and computer or other devices used to access the Websites, including your IP address, operating system or platform, browser type, mobile identifiers (such as Apple IFDA and Android Advertising ID) and the name of your Internet Service Provider.
Information about traffic patterns, number of visits to certain pages, visits from other websites or to third-party websites linked to the Website, and visitors’ use of particular services and interest in services, information or features of the Website.
The information collected automatically does not include personal information, but/ we may maintain it or associate it with personal information that you provide to us or that we collect in other ways or receive from affiliates or other third parties.

COOKIES AND OTHER TECHNOLOGIES
Like many other websites, our Websites may use cookies and Other Technologies to help us and third parties: obtain information about your visits to the Websites; deliver online and mobile advertisements and content for us and for third parties that are tailored to your apparent interests; process your reservations, purchases or requests; analyze your visiting patterns; personalize your experience on the Websites; facilitate social media functions; and engage in website and advertising analytics.
“Cookies” are small text files that are stored on your computer or device when you visit a website, if your web browser or device settings permit. Some cookies are stored only temporarily during a browsing session and are deleted when you close your browser (session cookies). Other cookies are not deleted when you close your browser, but are saved on your computer or device for a fixed period of time or until you delete them (persistent cookies). Each time you visit the Websites the server that set the cookie will recognize the persistent cookie stored on your computer or device. Various types of cookies may be used on our Websites, including:
Cookies that are necessary for the Websites to work and enable you to navigate through and take advantage of our Websites and their features.
HTTP request header information in order make our Websites function correctly and to personalize content presented to you, better understand how visitors use our Websites, and how we can better meet your needs.
Cookies that determine your browser’s ability to receive HTML email messages to determine the appropriate format for you to receive and read email.
Advertising cookies that allow us and other advertisers to serve you advertisements. Some advertising cookies help us to provide you with content on the Websites that is tailored to your interests and needs. Advertising cookies also enable our service providers and other advertisers serve ads to you when you browse other websites and mobile applications that are based on your apparent interests, including those that are inferred based on your activities across websites and mobile applications and over time. Other advertising cookies may help prevent you from seeing the same ad twice.
Analytics cookies collect information about your use of the Websites and your interaction with our content and advertisements to help us better understand and improve the way that the Websites work and to track and improve our advertising campaigns. These cookies provide us with aggregated information on metrics such as the most frequently visited pages on our Websites, help us understand how our visitors reach the Websites, show us how frequently various pages of our Websites are visited, help us understand whether our advertising is effective, and allows us to see overall patterns of the usage of our website.
Social Media cookies that show social media platforms whether users are logged in to those platforms. These cookies are set by social media platforms.
Many web browsers may be initially set to accept cookies. If you prefer, you can set your web browser to refuse cookies. You may also delete cookies manually from your hard drive through your internet browser or other programs. For more information on how to manage browser cookies, see http://www.allaboutcookies.org. You also can learn more about opting out of our vendors’ and other advertisers’ use of cookies used to tailor ads and other content to you by visiting http://www.networkadvertising.org/managing/opt_out.asp and http://www.aboutads.info/choices. Click to review the Analytics and Online Tracking sections below to learn more about how to opt-out of other advertising cookies and analytics cookies. Please keep in mind that although you may disable cookies in your browser and still access and use the Websites, disabling cookies may prevent you from taking advantage of certain features on the Websites. Please also note that disabling or clearing cookies may affect cookie-based opt-outs by either preventing you from using such opt-outs or clearing cookie-based opt-outs that you previously set, in which case you would have to revisit the applicable pages and renew your opt-out after clearing cookies. Managing cookies also will not disable non-cookie technologies present on the Websites and Apps.
Other Technologies also may be used on the Websites, allowing us and our third-party service providers to: track customer response to our advertisements, Website content and emails; determine our users’ ability to receive HTML-based emails and to know how many users open an email; allow our service providers to compile aggregated statistics about our email and advertising campaigns; enable us to better target advertising and provide offers and promotions that we believe may be of interest to you; and enhance customer support and the usability of our Website.

ONLINE TRACKING
“DO NOT TRACK” SIGNALS
Some web browsers may give you the ability to enable a “do not track” setting that sends a special signal to the websites you encounter while web browsing that you do not want to have your online activities tracked. These features are not yet uniform, and we do not respond to web browser “do not track” signals at this time. If we do so in the future, we will update this Privacy Policy to describe how we respond to such signals. As discussed below, we work with third-party vendors that use tracking technologies on our Websites in order to provide tailored advertisements on our behalf and on behalf of other advertisers across the Internet. These companies may collect information about your activity on our Websites and other websites over time, and use this information to determine which ads you see on third-party websites and mobile applications. For more information about these interest-based advertising practices and to understand your options, please visit the website for the Network Advertising Initiative at http://www.networkadvertising.org or the website of the Digital Advertising Alliance at http://www.aboutads.info.

INTEREST-BASED ADVERTISING
We may engage in interest-based advertising provided by vendors (such as advertising networks and ad servers) in order to deliver advertisements and personalized content that we believe will be of interest to you. These vendors typically use a cookie alone or with Other Technologies to track and collect anonymous information about your interests during your visits to our Websites and other websites and mobile applications or when you view or interact with one of the advertisements they place on various websites or on mobile platforms. These vendors use this information to make predictions about your characteristics, interests or preferences and to display advertisements across the Internet and on mobile platforms that are tailored to your apparent interests. Advertisements may be provided to you based on your online behavior (on our Websites and on third-party websites and mobile applications), or based on your search activity, your geographic location or other information. For example, if you make a reservation on the Websites, you may see an advertisement from us later when you visit another website or on a mobile platform. This is called retargeting. You also may see the advertisements for third parties on the Websites, on third-party websites or mobile platforms based on your visits to, and activities on, the Websites, third-party websites, and mobile platforms. To the extent that third-parties are using cookies or Other Technologies for interest-based advertising, we do not control the use of the technologies or the resulting information.

We use Google’s Remarketing with Google AdWords to retarget users and show you our ads as you browse other websites around the Internet. The Remarketing service delivers our ads through the Google Display Network, which includes both Google.com pages and the sites of trusted publishers. Click here for more information on the types of advertising cookies that Google uses, and here for more information about how Google uses advertising cookies. Click here to read the Google privacy policy. You can opt-out of Google’s use of cookies and/or customize Google display network ads by visiting the Ads Settings at https://www.google.com/ads/preferences/. Alternatively, you can opt-out of Remarketing with Google by visiting http://www.networkadvertising.org. We also use the DoubleClick cookie in connection with Google’s Remarketing service. To learn more about DoubleClick cookies, click here. If you want to permanently opt-out of the DoubleClick cookie, you can install the DoubleClick opt-out extension by clicking here. To serve ads in our mobile applications, Google may use anonymous identifiers. These perform similar functions to cookies. To learn more about how to opt-out of interest-based advertising for your mobile device, click here.
Some advertising networks are members of the Network Advertising Initiative, which offers a single location to opt-out of ad targeting from member companies. To learn more about interest-based advertising generally as well as your options for opting-out, please visit http://www.networkadvertising.org or http://aboutads.info. Please keep in mind that even if you opt out of receiving ads tailored to your apparent interests, you will continue to see ads from online advertising networks. However, those networks will not be able to apply any of your apparent ad preferences and the ads that you see therefore may be less relevant to your interests.
ANALYTICS
We engage service providers to provide us analytics data relating to use of the Websites and our advertising. These service providers may use cookies and Other Technologies alone or in conjunction with anonymous identifiers to collect information about you when you use the Websites or interact with our ads on other websites. For example, we use Google Analytics to measure and report how users interact with our Websites and advertisements for the purposes of understanding and optimizing web usage, measuring conversion tracking, measuring, enhancing and optimizing the effectiveness of our content and advertising campaigns, targeting advertising, and for other business and market research purposes. For more information about Google Analytics and how it collects and processes data, please see “How Google Uses Data When You Use Our Partners’ Sites or Apps.” For more information about how Google Analytics uses cookies to measure user interactions on websites, click here. Google’s ability to use and share information collected by Google Analytics about your visits to the Websites is restricted by Google’s Terms of Service and the Privacy Policy. You can prevent Google Analytics from recognizing you on return visits to the Websites by disabling cookies on your browser, as described above. If you do not want your Website visit data reported by the Google Analytics JavaScript, you also can install the Google Analytics opt-out browser add-on. This add-on instructs the Google Analytics JavaScript to prohibit sending visit information to Google Analytics, but does not prevent information from being sent to the Website itself or in other ways to other website analytics services. Click here if you would like to learn more about the Google Analytics opt-out browser add-on, and click here to install the opt-out browser add-on. We do not combine the information collected through the use of Google Analytics with your personal information.
USE OF PERSONAL INFORMATION
We use personally identifiable information for the following purposes:
To present the Websites and their contents to you;
To fulfill the reservations and transactions that you request from us, including facilitating your requests to plan and reserve hotel accommodations, dining service, spa services or other travel services, and to buy gift certificates;
To plan special weddings, meetings, and other special events;
To process and respond to your inquiries, comments, complaints, and requests for information (including information about reservations, accommodations, weddings, meetings, events, properties, real estate, or other matters or opportunities);
For the purposes for which you provided the information;
To improve the content and navigability of the Websites, or to administer or troubleshoot the Websites;
To alert you to new Website features, special events, products and services;
To send you important notices, such as communications about reservations and changes to our terms, conditions and policies (because this information is important to your interaction with us, you may not opt-out of receiving these communications);
To conduct auditing, analytics, data analysis, monitor and analyze Website traffic and usage, and research to evaluate user needs;
To contact you about our own and third parties’ products, services, hotels, real estate developments, opportunities, special events, and promotions that may be of interest to you;
To conduct customer satisfaction, market research and quality assurance surveys;
To improve our services and properties and to develop new services, properties and offerings;
To validate your identity or verify communications from you;
To send you confirmations, notices, updates, security alerts, support, and administrative messages and to otherwise facilitate your use of, and our administration and operation of, the Websites;
To protect our rights and the security or integrity of our Websites, properties and business;
To prevent fraud and other prohibited or illegal activities, to investigate and resolve disputes, claims and problems, and to otherwise comply with applicable laws and regulations;
To enforce our Terms of Service and our other agreements and contractual obligations;
In any other way we may describe when you provide the information; and
For any other purpose with your consent.
IP Addresses are automatically reported by your browser each time you view a page on the Websites. We may use your IP address for various purposes, including to: diagnose or service technology problems; determine your general (but not precise) geographic location and to tailor advertising based on general geographic area or other information derived from your IP address; provide aggregated data to advertisers about the volume of use on the Websites; estimate the total number of users visiting the Websites from specific geographical regions; and to track advertising and conversions on the Websites.
We reserve the right to combine personally identifiable information we collect on the Websites with publicly available information or information otherwise obtained from third parties or affiliates. We may aggregate or anonymize information that we have collected for use in connection with interest-based advertising.
HOW WE SHARE PERSONAL INFORMATION
We do not rent, sell, or disclose your personally identifiable information to non-affiliated companies except to provide products and services you have requested, when we have your permission, as permitted by applicable law, or as otherwise described in this Privacy Policy. We may disclose your personally identifiable information:
To our affiliated companies.
To our vendors, service providers, contractors and agents that we use to support our business and properties, including those performing core services such as data processing and storage, marketing, promotion and advertising services (including email marketing, direct mail, and online and mobile advertising), hardware and website support, website hosting, email management, surveys, payment processing, fraud prevention, debt collection, customer service, administering sweepstakes and surveys, public relations, and security related to the operation of the Websites and the development and operation of our business and our properties operated under our brand.
To the owners of properties that we manage but do not own, the owners and/or operators of properties that we license, and the owners and operators of residential properties marketed, sold and operated under our family of trademarks, who may jointly use that information for the purposes disclosed in or consistent with the terms of this Privacy Policy, including without limitation those uses identified in the “Use of Persons Information” section above and to provide you with information or services relating to those properties, as well as marketing information relating to their products, services, and real estate and other opportunities.
To our strategic partners offering or providing products or services jointly with or on behalf of us.
To other third parties to fulfill the purpose for which you provide it, for example, to provide products or services you have requested.
To a buyer or other successor in the event of merger, acquisition, consolidation, divestiture, change in control, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us about users of our Websites will be among the assets to be transferred, and any such successor may use your information for the same purposes set forth in the Privacy Policy.
To other third parties disclosed to you when you provide the information or with your consent.
In addition, we reserve the right to use IP addresses to identify you and we may provide any information about or relating to you, including any personally identifiable information about you collected under this Privacy Policy, to third parties without your consent if we reasonably believe that such action is necessary to:
Comply with a court order, search warrant, subpoena, or other legal process;
Comply with legal, regulatory or administrative requirements of any governmental or law enforcement authorities or to otherwise fulfill a government or law enforcement request for information;
Establish or exercise our legal rights and to protect and defend the Websites, Website users, us, our affiliates, and all of their respective officers, directors, employees, attorneys, agents, contractors, property owners, licensors, and partners, in connection with any threatened or actual legal action, claim or dispute;
Respond to claims that any content on the Websites violates the rights of third parties, including without limitation providing information necessary to satisfy the notice and counter-notice procedures pursuant to the Digital Millennium Copyright Act;
In an emergency, to protect the health and safety of our Websites’ users or the general public; or
To enforce, apply or comply with our Terms of Service and other agreements.
THIRD-PARTY WEBSITES AND THIRD-PARTY ADVERTISING
Our Websites may contain hyperlinks to or advertising for third-party websites. By clicking on these links or advertisements, you are visiting websites outside of our control. We are not responsible for any content on third-party websites, or for the collection, use, maintenance, sharing, or disclosure of data and information by the operators of those websites. This Privacy Policy does not apply to information, including personal information, you provide when visiting third-party websites. We urge you to note when you leave our Websites and to read the privacy statements of third-party websites for information about their data collection practices before submitting any personally identifiable information to other websites. Third-party websites include social media sites (such as Facebook and Twitter) on which we or our properties may have accounts or fan pages where you may be able to post information and materials. If you have any questions about the privacy practices of other websites, you should contact the relevant parties controlling these websites for more information.
WIDGETS AND PLUG-INS
The Websites may use widgets and plug-ins (such as the Facebook “like” button, the Twitter “Follow Us” feature, or similar mechanisms from Instagram, Google+, Pinterest, or other social media platforms), which are interactive mini-programs that run on our Websites to provide specific services from another company. Such third-party features may collect information about you, like your IP address and the page(s) you visit on the Websites, as well as personal information, such as your email address. They also may place cookies or other tracking mechanisms on your browser or device to enable the widget to function properly. Your interactions with these features are governed by the privacy policies of the third parties that created them. We encourage you to review the privacy policies of the applicable third party before using them.
MINORS
Our Websites are not directed to or intended to be used by individuals under the age of 18.
PROTECTING YOUR INFORMATION
We take reasonable steps to protect personally identifiable information that we store from accidental loss or from unauthorized access, disclosure, alteration or destruction. For example, our servers are protected by reasonable physical and electronic security measures. Despite these efforts, please be advised that no electronic storage, security system or means of transmitting data over the Internet can be guaranteed to be entirely secure, including without limitation with respect to computer viruses, malicious software and hacker attacks, and there is some risk that an unauthorized third party may find a way to circumvent our security systems or that transmission of your information over the Internet will be intercepted. We cannot and do not guarantee or warrant the security of your personal information. Unless otherwise expressly stated, email transmissions sent through the Websites are not secure. Therefore, for your own privacy protection, we recommend that you do not include any confidential or sensitive personal information such as passwords, credit card details, or bank account information, in any emails that you send to us.
YOUR CALIFORNIA PRIVACY RIGHTS
Pursuant to California Civil Code Section 1798.83, individual customers who reside in California and who have provided their personal information to us may request information about our disclosure of certain categories of personally identifiable information to third parties for the third parties’ direct marketing purposes. Such requests must be submitted to us at one of the following addresses: [to be inserted]. Please include the subject heading “California Privacy Rights.” Within thirty days after receiving such a request, we will provide a list of the categories of personal information disclosed to third parties for third-party direct marketing purposes during the immediately preceding calendar year (if any), along with the names and addresses of these third parties. This request may be made no more than once per calendar year. Please be aware that not all information sharing is covered by the California privacy rights requirements and only information on covered sharing will be included in our response. We reserve our right not to respond to requests submitted to addresses other than the addresses specified in this paragraph.
YOUR CHOICES
You can manage your personal information in the following ways:
Information You Provide. You choose what personal information (if any) you wish to provide to us. If you choose not to provide certain details, however, some of your transactions with us may be impacted.
Promotional Emails. You can opt-out of receiving marketing emails from us by sending us an email stating your request to [to be inserted]. You also may use the “unsubscribe” link in promotional emails that you receive from us. Please keep in mind that opting out of marketing emails may impact our ability to allow you access to certain offers, benefits and features. Please also note that even if you opt-out of receiving certain marketing emails, that opt-out may not apply to other communications that you may continue to receive from us, such as customer service messages, messages about your account or reservations with us, notices of changes to our terms and conditions or this Privacy Policy, and emails responding to your communications with us or requests for information that we receive from you. Requests to opt-out of receiving future marketing emails from us can take up to ten business days to be effective.
Updating Your Information. You may be able to update or correct certain personal information by contacting us as described in the “Contact Us/Questions” section below.

CHANGES TO THIS PRIVACY POLICY
We may change or update this Privacy Policy in the future. You can identify the date that this Privacy Policy was last updated by looking at the date at the top of this Privacy Policy. When we change this Privacy Policy in a material way, a notice will be posted on the homepage of the Websites for a reasonable period of time following such update. Any changes to this Privacy Policy will take effect upon posting to the Websites. Use of the Websites following posted changes constitutes your acceptance of the revised Privacy Policy then in effect.

CONTACT US / QUESTIONS
To ask questions or to comment on this Privacy Policy, please contact us by email at privacy@cachetboutiquenyc.com.