This web site (Site) make available information on the Element Vancouver Metrotown, and other Element Vancouver Metrotown-related consumer goods and services. This Site, and the services of each of its modules, are offered exclusively by Starwood and/or Element Vancouver Metrotown. The offer of such goods and/or services is conditioned on the user’s (“User(‘s)” or “You(r)”) acceptance of the terms and conditions and notices set forth herein and on other pages of the Site (collectively the “Terms”).
By accessing using, viewing, transmitting, caching or storing this site or any of its services, functions or contents, you shall be deemed to have agreed to each and all the terms, conditions, and notices in this site (“agreement”) without modification. If you do not agree, please cease use of the site and leave the site immediately.
Use of Site
The services of this Site are available only to individuals who can form legally binding contracts under applicable law, and thus, are not available to minors. By using this Site, You represent that You are of sufficient legal age to use this Site and to create binding legal obligations for any liability You may incur as a result of the use of this Site. You also warrant that You are legally authorized to make the travel reservations and/or purchases for either Yourself or for another person for whom You are authorized to act.
You may only use this Site to make legitimate reservations or purchases and shall not use this Site for any other purposes, including without limitation, to make any speculative, false or fraudulent reservations, or any reservation in anticipation of demand.
This Site is to be used by You for Your personal use only. Commercial uses of this Site are strictly prohibited unless prior written consent from Element Vancouver Metrotown has been granted. You agree that You will not use this Site for chain letters, junk mail, “spamming”, solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list. In addition, You agree not to create a hypertext link from any web site controlled by You or otherwise, to this Site without the express written permission of Element Vancouver Metrotown. You agree not to pretend to be any other person or a representative of any entity, whether actual or fictitious, including an employee or agent of Element Vancouver Metrotown, Starwood or any third party that provides services related to this Site.
You agree that You will not use any robot, spider, other automatic device or manual process to monitor or copy the Site or any contents or information contained therein, unless You obtain Element Vancouver Metrotown’s prior express written consent. You agree that You will not through any means interfere or attempt to interfere with the proper functioning of the Site. You agree that You will not provide to Element Vancouver Metrotown and/or to this Site: (i) any viruses, worms, time bombs, and/or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information; and (ii) any content that may create liability for Element Vancouver Metrotown or cause Starwood to lose (in whole or in part) the services of our suppliers.
Terms Incorporated by Reference
In addition to these Terms, You agree to the terms, conditions, and notices specified at the following links, which are hereby incorporated into this Agreement:
1. The terms and conditions of Element Vancouver Metrotown Online Privacy Statement are found at the following link: privacy.php.
2. The terms, conditions, and notices applicable to Starwood’s “Best Rate Guarantee” are found at the following link: http://www.starwoodhotels.com/bestrate/terms.html.
3. The terms and conditions, and notices applicable to the Starwood Preferred Guest program and related web site are found at the following link: http://www.starwoodhotels.com/preferredguest/legal/spg_terms.html.
4. The terms and conditions, and notices applicable to the SPG Flights program are found at the following link: https://www.spgflights.com/images_w/plg01/nav/starwoodLoyalty/TERMS.html.
Proprietary Rights Information
This Site contains and references trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights of Starwood and/or other parties. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of Starwood and/or other parties is granted to or conferred upon You. Reproduction or storage of materials obtained from this Site is subject to the U.S. Copyright Act of 1976, Title 17 U.S.C. No material from the Site may be reproduced, distributed, posted, displayed, uploaded or transmitted. The use of any material from the Site on any other internet, intranet, web or other site or computer environment is prohibited. You may not utilize framing techniques to frame any Starwood trademarks, logos, or other proprietary information (including images and text). You may not use any meta tags or any other “hidden text” utilizing our name, trademarks or other proprietary information.
The trademarks, logos and service marks and trade dress displayed on this Site (collectively, the “Trademarks”) are registered and common law Trademarks of Starwood, its affiliates and various third parties. Starwood, Heavenly Bed®, Heavenly Bath®, Heavenly Crib®, Heavenly Shower®, Preferred Guest®, Starpoints®, Starwood®, Sweet Sleeper(sm), The Luxury Collection®, True Redemption®. Westin®, and other Starwood logos and product and service names are trademarks of Starwood. Any reproduction or use of any of the contents of this Site without the express written consent of Starwood is prohibited. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of Starwood or such other party that may own the Trademarks.
This Site, including each of its modules, is the copyrighted property of Element Vancouver Metrotown and/or its various third party providers and distributors. This Site and the content provided on this Site may not be copied, reproduced, republished, uploaded, posted, modified, transmitted or distributed without the written permission of Element Vancouver Metrotown, except that You may download, display and print one copy of the materials presented on this Site on a single computer for Your personal, non-commercial use only. Unauthorized use of this Site and/or the materials contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other web site or in any environment of networked computers is strictly prohibited.
Notice and Procedure for Making Claims of Copyright Infringement
The Element Vancouver Metrotown respects the intellectual property rights of others. If you think that your work has been copied in a manner that constitutes copyright infringement, please provide our copyright agent with the following information:
1. a physical or electronic signature of the person authorized to act on behalf of the owner of the applicable copyright;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you that your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Starwood’s copyright agent can be reached as follows:
Starwood Hotels & Resorts Worldwide, Inc.
1111 Westchester Avenue
White Plains, New York 10604
Privacy, Use of Personal Information
Starwood and Element Vancouver Metrotown respects the privacy of Users of this Site.
Starwood provides the The Element Vancouver Metrotown Privacy Statement so You will be informed about use of information the Element Vancouver Metrotown collects at this Site. You hereby acknowledge and agree that You have read and consent to the terms of the Online Privacy Statement at the following link: privacy.html, which is incorporated by reference herein.
When You reserve or purchase travel services through this Site, information that You have provided us about You is provided to the airline, car rental agency, hotel, travel package vendor or other involved third parties to fulfill Your travel arrangements.
This Site contains links to other web sites that may collect personally identifiable information about You. When You click on one of these links, You are entering another web site for which this Site has no responsibility. We encourage You to read the privacy policies of all such sites, as their policies may be materially different from Element Vancouver Metrotown’s Online Privacy Statement.
In addition to the circumstances described above, Element Vancouver Metrotown may disclose information if required to do so by law, court order, as requested by other government or law enforcement authority, or in the good faith belief that disclosure is otherwise necessary or advisable including, without limitation, to protect the rights of Element Vancouver Metrotown when we have reason to believe that disclosing the information is necessary to identify, contact or bring legal action against someone who may be causing interference with our rights or properties, whether intentionally or otherwise, or when anyone else could be harmed by such activities.
You agree that Element Vancouver Metrotown has no obligation to, but may monitor and review information You transmit over the Site. You agree that Element Vancouver Metrotown may censor, edit, remove or prohibit the transmission or receipt of any information that Element Vancouver Metrotown deems inappropriate or in violation of these Terms, and use any such information as necessary to provide the Site and/or to protect the rights of the Element Vancouver Metrotown. You agree that Element Vancouver Metrotown may also monitor and review stored information without restriction. You hereby acknowledge and consent to such monitoring and reviewing.
Linked Web Sites
This Site includes links to other web sites. The Element Vancouver Metrotownl provides such links solely as a convenience to You and for informational purposes only. The Element Vancouver Metrotown has not reviewed all of the information on these other web sites. The inclusion of these links in no way indicates the Element Vancouver Metrotown’s endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from such web sites. Neither the Element Vancouver Metrotown, nor any other providers of products or services related to this Site, shall be responsible for the content of any other web sites and make no representation or warranty regarding any other web sites or the contents or materials on such web sites. If You decide to access other web sites, You do so at Your own risk. Other web sites may include links to the Site. The inclusion of such links does not indicate the other web site’s endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from the Site.
Advertising Disclosure, Accuracy
Product descriptions posted on our product pages are the representations of our suppliers. The Site may contain technical inaccuracies or typographical errors or omissions. The Element Vancouver Metrotown is not responsible for typographical, pricing, product information, advertising or shipping errors. Advertised prices and available quantities are subject to change without notice. The Element Vancouver Metrotown reserves the right to make changes, corrections and/or improvements to the Site, and to the products and programs described in such information, at any time without notice.
Mis-Communications / Lost Transactions
The Element Vancouver Metrotown and any other providers of products or services related to this Site are not responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected, transmissions, messages or entries, or the security of any such communications. Further, The Element Vancouver Metrotown and any other providers of products or services related to this Site are not responsible for incorrect or inaccurate entry information, whether caused by User(s) or by any of the equipment or programming associated with the Site, or by any technical or human error that may occur in the processing of any information related to the Site. The Element Vancouver Metrotown and any other providers of products or services related to this Site may cancel or modify reservations where it appears that a User has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error.
You agree that neither The Element Vancouver Metrotown nor any other providers of products or services related to this Site are responsible for any damages that may arise as a result of any travel or hotel arrangements or other orders You request or make on this Site which are not processed or accepted for any reason.
Personal Information, Credit Card Information
You agree that neither the Element Vancouver Metrotown, starwood nor any other providers of products or services related to this site are responsible or liable in any way for injury, loss or damage to your computer, or interception or use of credit card information or other personally identifiable information, related to or resulting from use of the site or any sites linked or associated with this site.
The Element Vancouver Metrotown makes no warranty or representation regarding of confidentiality of any communication or information transmitted on this site or any web site linked to this site. you agree that neither the Element Vancouver Metrotown, starwood, nor any other providers of products or services related to this site, are responsible for the confidentiality of any information, (including without limitation credit card information, personally identifiable information, email address, phone number, etc.), and neither the Element Vancouver Metrotown, Starwood, nor any other providers of products or services related to this site, are responsible for any damages that may arise from disclosure of such information.
Property Reservations General Terms
The following general terms and conditions apply to reservations booked from this Site:
Cancellation policies and other information about specific room reservations and properties may vary by Property and by the type of reservation. Individual rate rules, tax information, applicable charges and cancellation policies are displayed in the “Terms & Addt’l Charges” section on the room reservation section of the Site.
Rates are confirmed in CDN CURRENCY and may be converted to local currency by the Property at Your time of stay, based on the exchange rate used by the Property and are subject to exchange rate fluctuations. Credit card charges are subject to additional currency conversions by banks or credit card companies, which are not within the Property’s control and may impact the amount charged to your credit card.
Reservations made by one or more individuals or by an agency on the Site, on behalf of one or more proposed guests, and involving more than nine (9) rooms at the same Property for the same period of stay, must be directly through the the Element Vancouver Metrotown. If more than nine (9) rooms at the same Property for the same period of stay are booked through any other method, the Element Vancouver Metrotown reserves the right to cancel or impose additional requirements on such reservations.
Requests for specific features such as bedding type or non-smoking rooms are simply that, and while the Element Vancouver Metrotown will strive to honor Your requests, neither Starwood nor the Element Vancouver Metrotown guarantee that Your request will be honored.
Some rates have special requirements such as AAA membership or Senior Citizen proof of age at check-in. Verify that You qualify for the rate that You have booked. The Element Vancouver Metrotown is not obligated to honor this rate if You do not qualify.
Denial of Access
In its sole discretion, in addition to any other rights or remedies available to the Element Vancouver Metrotown, and without any liability whatsoever to User, the Element Vancouver Metrotown, at any time and without notice, may terminate or restrict User’s access to this Site and any related services.
The headings used in these Terms are included by convenience only and will not limit or otherwise effect these Terms.
You may not assign, convey, subcontract or delegate Your rights, duties or obligations hereunder.
Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this Site, and You agree to abide by such other terms and conditions.
These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
If the Element Vancouver Metrotown takes any action to enforce this Agreement, the Element Vancouver Metrotown will be entitled to recover from You, and You agree to pay, all reasonable and necessary attorney’s fees and any cost of litigation, in addition to any other relief, at law or in equity, to which the Element Vancouver Metrotown may be entitled.
The Element Vancouver Metrotown may at any time modify these Terms, and Your continued use of this Site will be conditioned upon the terms and conditions in force at the time of Your use. Accordingly, You agree to review these Terms periodically, and Your continued access, use and/or posting on this Site shall be deemed Your acceptance of the changed Terms.
EXCLUSION OF WARRANTY, DISCLAIMER
YOU AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. THE SITE, AND ANY RELATED INFORMATION, CONTENTS AND/OR MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. THE ELEMENT Vancouver Metrotown HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE; OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You. This warranty gives You specific legal rights and You may also have other legal rights that vary from state to state.
NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY THE ELEMENT Vancouver Metrotown WILL CREATE A WARRANTY OF ANY KIND, AND YOU SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE ELEMENT Vancouver Metrotown, STARWOOD, ITS AGENTS, REPRESENTATIVES OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR INJURY OR ANY DAMAGES, EITHER DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS) RESULTING FROM OR IN ANY WAY CONNECTED TO:(1) YOUR USE OF THIS SITE; (B) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING); OR (C) THE PERFORMANCE OR NON PERFORMANCE BY THE ELEMENT Vancouver Metrotown, STARWOOD OR ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE; EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY OF RECOVERY.
Some jurisdictions do not allow the exclusion of consequential or incidental damages, so some of the foregoing exclusions may not apply to You. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST THE ELEMENT Vancouver Metrotown, STARWOOD, ITS AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF, OR IN ANY WAY CONNECTED TO YOUR USE OF THE SITE AND/OR ANY RELATED PRODUCTS OR SERVICES.
IN THE EVENT THE ELEMENT Vancouver Metrotown IS HELD LIABLE FOR ANY DAMAGES RELATED TO THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO REIMBURSEMENT OF THE CHARGES FOR SERVICES OR PRODUCTS PAID BY YOU THAT WERE NOT PROVIDED TO YOU.
YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THIS SITE BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.
You agree to indemnify and hold Starwood and the Element Vancouver Metrotown, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Your breach of this agreement or the documents it incorporates by reference, or Your violation of any law or the rights of a third party. The Element Vancouver Metrotown’s failure to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches.
Any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with, the laws of the Province of Quebec, Canada applicable to contracts entered into and to be performed entirely within the Province of Quebec, Canada. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation this paragraph. All disputes which cannot be resolved between the parties, and causes of action arising out of or connected with the Site, shall be resolved individually, without resort to any form of class action.
These Terms, together with those incorporated herein or referred to herein (including, without limitation, the Element Vancouver Metrotown Online Privacy Statement) constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.