1. Introduction. This document sets forth the terms and conditions (“Terms and Conditions”) governing your use of www.staywellrooms.com, www.staywellshop.com and www.staywellmeetings.com (collectively the “Web Sites”) and the information and services made available on and through the Web Sites. Please read this page carefully. The Terms and Conditions, when agreed to by you, will form a binding Agreement between you and Delos Hospitality LLC and Delos Merchandising LLC (collectively “Delos”, “we,” “us,” “our,” and other similar pronouns).
2. Acceptance of Terms and Conditions of Use. Your use of the Web Sites indicates your acceptance of these Terms and Conditions. If you do not accept these Terms and Conditions, you may not use the Web Sites. From time to time these Terms and Conditions may be revised by updating this document and posting it on the Web Site. It is your obligation to review these Terms and Conditions from time to time. Your continued use of the Web Site will constitute your agreement to the most current version of these Terms and Conditions. If at any time you do not agree to these Terms and Conditions, you must cease your use of this Web Site.
3. Termination of Access. The use of this Web Sites and its services is a privilege. Delos reserves the right to suspend your use of this Web Sites for any reason at any time, in its sole discretion. Questions concerning the use of the Web Sites and its services should be directed to firstname.lastname@example.org.
5. Intellectual Property Rights. All Content on the Web Sites is the sole property of Delos or their respective owners, as indicated, and is protected by U.S. copyright and international treaties. Delos authorizes you to view and download a single copy of the Content on the Web Sites solely for your personal, noncommercial use. You may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. The foregoing limitations include, but are not limited to, copying or adapting the HTML code used to generate Web pages on the Web Sites, as well as any Graphics. The “look” and “feel” of the Web Sites (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by U.S. copyright law. All product names, names of services, trademarks and service marks (“Marks”) are the property of Delos or the property of their respective owners, as indicated. You may not use the Marks for any purpose whatsoever other than as permitted by these Terms and Conditions.
6. Acceptable Use of the Web Sites. The Web Sites and its services are intended to educate the general public about Stay Well® rooms and to facilitate the offering for sale of Stay Well® rooms and wellness products of Delos Merchandising LLC and/or third parties. The Web Sites may be used in a manner consistent with this purpose, and only within the context of the products, services and information set forth on the Web Sites. The information displayed on the Web Sites may not be used for any purpose except in connection with your direct use of the Web Sites as permitted by these Terms and Conditions, and may not be excerpted, summarized, duplicated or otherwise removed from the Web Sites. In addition, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Web Sites for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. Your use of the Web Sites is also subject to the following restrictions: You may not send unsolicited commercial email to Users. In addition, spam, chain emails, advertising solicitations and similar email solicitations are expressly prohibited. You may not delete, edit or revise any material posted by any other person or entity. You may not copy, duplicate, download or otherwise use any material posted by any other person or entity except for the purposes permitted by these Terms and Conditions. You may not interfere with the proper operation of the Web Sites including, but not limited to, by attacking, hacking into, or otherwise attempting to penetrate any non-publicly accessible elements of the Web Sites, through the use of bots, Trojan Horses, viruses, DNS attacks, or other technology which is designed or intended to interfere with the proper operation of the Web Sites or the use of the website by any Users.
7. Limitations on Information Submitted. Any submission of information to Delos through the Web Sites is subject to the following guidelines and restrictions: It may not contain URLs or links to any Internet Web Sites (To advertise your company or Web Sites, contact our Sales department). It may not contain copyrighted material (unless you own the copyright or have the owner’s permission to post the copyrighted material). It may not contain trade secrets (unless you own them or have the owner’s permission to post them). It may not contain material that infringes on the intellectual property rights of others, including but not limited to, copyright, trademark, patent, or trade secret rights. It may not contain material that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful. It may not contain information that is known by you to be untrue, false or misleading or which does not fairly or accurately depict or describe the subject matter which is the subject of the information posted by you. It may not present information which impersonates another person, whether living or dead, misstate the identity of any person, or misstate or mislead as to gender or age. You may not solicit money, investments or make any offering of securities or investments. You may not submit chain letters or pyramid schemes. You may not submit opinions or notices, commercial or otherwise.
8. Monitoring of Information. Delos does not assume any obligation to review the accuracy, completeness, truthfulness or content of any information submitted to the Web Sites. User assumes the risk of verifying the accuracy of information posted through independent investigation. Notwithstanding, Delos may in its discretion review information submitted to the Web Sites for any purpose whatsoever and it reserves the right, in its sole discretion, to reject any information submitted to the Web Sites for any reason whatsoever.
9. Rights to Information. User hereby grants to Delos a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display any submitted information throughout the world in any media. You grant us and our sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you supply.
10. Security Rules. To ensure the security of the Web Sites and of Users, the following security rules govern your use: Protect your password. You are responsible for maintaining the confidentiality of your information and password, and you are responsible for all uses of your registration, whether or not authorized by you. In the event you lose your password or become aware of misuse or unauthorized use of your password, it is your obligation to notify Delos. Delos shall have no responsibility for loss or misused passwords or for unauthorized access occasioned by the foregoing. Prohibited Uses: accessing data not intended for you or logging into a server or account which the you are not authorized to access. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Web Sites, overloading, “flooding”, “mailbombing” or “crashing”. sending unsolicited e-mail, including promotions and/or advertising of products or services. forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violation of these Security Rules may result in civil or criminal liability in addition to the termination of your access rights. Delos will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
11. Termination of Access to Web Sites. Users who violate these Terms and Conditions may be denied access to the Web Sites at the sole discretion of Delos.
12. Disclaimer of Warranties and Limitations of Liability. Your agreement to the following disclaimers and limitations are a material inducement to Delos to permit you to access the Web Sites. Your use of the Web Sites, and the obligations and liabilities of Delos in respect of your use of the Web Sites, is expressly limited as follows: Conduct of Users. Delos assumes no responsibility for the activities or conduct of Users. Third Party Information. The Web Sites displays the content, services, products or hyperlinks of other companies or persons. Notwithstanding the presentation of any third party information on the Web Sites, no such presentation shall be considered an endorsement, representation or warranty, either express or implied, by Delos on behalf of or any third party. In addition, Delos does not endorse, warrant or otherwise guarantee the substance of any information posted by Users or third parties on the Web Sites. Delos shall have no liability or responsibility whatsoever for the content, subject matter or substance of any information accessed or obtained from third party Web Sites accessed from the Web Sites. Access to third party Web Sitess from the Web Sites is done at your own risk. Accuracy of Information. Delos makes no representations or warranties regarding the truthfulness, accuracy, completeness, timeliness or reliability of any information submitted by Users, or of any other form of communication engaged in or information exchanged by Users. Information on the Website may contain inaccuracies or typographical errors. You acknowledge that any reliance on information submitted by Users or on any other form of communication with Users will be at your own risk. DISCLAIMER OF WARRANTIES. THE WEB SITES IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTY WHATSOEVER. DELOS DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. IN ADDITION, WHILE THE WEB SITES AND THE STAY WELL® CONCEPT ARE INTENDED TO EDUCATE AND ASSIST THE HOSPITALITY INDUSTRY AND INDIVIDUAL CONSUMERS ALIKE IN THEIR EFFORTS TO CREATE HEALTHIER LIVING SPACES, AN INDIVIDUAL’S HEALTH AND WELL-BEING ARE DETERMINED BY A NUMBER OF FACTORS PARTICULAR TO THAT INDIVIDUAL, OTHER THAN THAT INDIVIDUAL’S CURRENT ENVIRONMENT. THESE FACTORS INCLUDE BUT ARE NOT LIMITED TO, PERSONAL CURRENT AND PAST CONDUCT, GENETICS, FAMILY HISTORY, AND PSYCHOLOGICAL FACTORS. DELOS IS NOT A LICENSED HEALTHCARE PROVIDER, AND MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY OF ITS SERVICES OR RECOMMENDATIONS, OR ANY PRODUCTS SOLD OR RECOMMENDED, WILL CURE ANY ILLNESSESS OR DISEASES, IMPROVE THE OVERALL HEALTH OR WELL-BEING OF ANY SPECIFIC INDIVIDUAL(S), OR CAUSE A SPACE TO BE FREE FROM BACTERIA, VIRUSES, ALLERGENS,VOLATILE ORGANIC COMPOUNDS, OR OTHER PATHOGENS. NEITHER DELOS’S SERVICES NOR THE INFORMATION DISPLAYED ON THE WEB SITES CONSTITUTE THE PRACTICE OF MEDICINE OR THE PROVISION OF ANY PROFESSIONAL HEALTHCARE SERVICES, DIAGNOSIS OR TREATMENT, AND NOTHING DISPLAYED ON THE WEB SITES SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. FURTHERMORE, SOME OF THE PRODUCTS AND MATERIALS MENTIONED AND/OR SOLD ON THIS WEB SITES, INCLUDING BUT NOT LIMITED TO AROMATHERAPY DIFFUSERS, MAKE USE OF SUBSTANCES WHICH ON RARE OCCASIONS MAY CAUSE AN ALLERGIC OR OTHER ADVERSE REACTION IN SOME PEOPLE. DELOS MAKES NO WARRANTIES THAT THE PRODUCTS AND MATERIALS RECOMMENDED BY IT WILL NOT AFFECT PEOPLE WITH SUCH ALLERGIES OR PROPENSITIES FOR OTHER ADVERSE REACTIONS, AND DELOS ASSUMES NO LIABILITY FOR ALLERGIC OR OTHER ADVERSE REACTIONS TO PRODUCTS OR MATERIALS MENTIONED AND/OR SOLD ON THIS WEB SITES. AS PART OF THE STAY WELL® MEETINGS PROGRAM, PARTICIPANTS MAY BE INVITED TO ENGAGE IN LIGHT STRETCHING OR OTHER LIGHT PHYSICAL ACTIVITY AS PART OF A WELLNESS MOMENT. DELOS IS NOT ENGAGED IN RENDERED MEDICAL SERVICES AND ANY CONTENT PROVIDED IS NOT A DIAGNOISIS, TREATMENT PLAN OR RECOMMENDATION FOR A PARTICULAR COURSE OF ACTION REGARDING YOUR HEALTH. NOT ALL EXERCISES ARE SUITABLE FOR EVERYONE. IF AT ANY POINT YOU BEGIN TO FEEL FAINT, DIZZY OR HAVE PHYSICAL DISCOMFORT, YOU SHOULD STOP IMMEDIATELY. YOU ARE RESPONSIBLE FOR EXERCISING WITHIN YOUR LIMITS AND SEEKING MEDICAL ADVICE AND ATTENTION AS APPROPRIATE. DELOS, ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES AND AGENTS ARE NOT RESPONSIBLE FOR ANY INJURIES THAT RESULT FROM PARTICIPATING IN THESE PROGRAMS AND WILL BE HELD HARMLESS FROM ANY AND ALL LOSSES, LIABILITIES, INJURIES OR DAMAGES RESULTING FROM ANY AND ALL CLAIMS, CAUSES OF ACTION, SUITS, PROCEEDINGS OR DEMANDS ARISING FROM OR RELATED TO PARTICIPATING IN THE STAY WELL MEETINGS PROGRAM AND WELLNESS MOMENTS. LIMITATION OF LIABILITY. IN NO EVENT SHALL DELOS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES, (INCLUDING LOST PROFITS) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DELOS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS PARAGRAPH MAY NOT APPLY TO YOU. IF THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE GREATER OF THE ACTUAL AMOUNT PAID BY YOU FOR ANY PRODUCTS OFFERED ON THE WEB SITES OR U.S. $100.00. Indemnification. You agree to indemnify, defend and hold harmless Delos from and against any and all liability, claims, causes of actions, damages, costs and expenses, including but not limited to, attorneys fees and costs of suit, arising out of your breach of these Terms and Conditions.
13. General. These Terms and conditions are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms and Conditions shall lie exclusively with the state and federal courts within the State of New York. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. The failure of Delos to enforce any term or condition of these Terms and Conditions shall not be deemed a waiver thereof and shall not prevent its later enforcement. Last Updated: August 7, 2014