Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. THIS IS A BINDING LEGAL AGREEMENT. BY ACCESSING AND CONTINUING TO USE THE WEBSITE, YOU AGREE TO EACH AND EVERY ONE OF THESE TERMS OF USE. PLEASE DO NOT USE THE WEBSITE IF YOU DO NOT AGREE TO EACH AND EVERY ONE OF THESE TERMS OF USE.  IF YOU ARE NOT EIGHTEEN (18) YEARS OF AGE OR OLDER OR YOU ARE OTHERWISE INCAPABLE OF ENTERING INTO A LEGALLY BINDING AGREEMENT, PLEASE IMMEDIATELY DISCONTINUE USE OF AND LEAVE THIS SITE.

Four Pillars Lodging, LLC, an Arizona limited liability company (“Four Pillars Lodging™”) owns and operates the website www.FourPillarsLodging.com (“Website”).  Four Pillars Lodging provides access to the Website and all information, services, features, and functionality provided on or via the Website under and pursuant to the following terms and conditions (“Terms of Use”).  By entering, accessing, using, or remaining on the Website, you (at times hereafter, “You” or “User”) indicate your acceptance of and agreement to these terms and conditions.  If you do not agree to these Terms of Use, now or at any time, you should not enter, access, or use the Website, should immediately cease any future use of the Website, and you are required to notify and instruct Four Pillars Lodging to close your account and terminate your access to the Website.

Use of Website

Your entry to, access to, and use of the Website and content and features thereof is subject to all applicable international, federal, state, and local laws and regulations.  You agree not to use the Website in any way that violates such laws or regulations.  Such illegal activities may include fraud, infringement of intellectual or property rights, hacking or otherwise seeking unauthorized electronic access, illegal export of software, spamming, distribution of viruses, and other unlawful uses.  Four Pillars Lodging may terminate, limit, or reduce access to the Website for any user for any reason, including upon determining that laws or regulations have been violated by the user or to investigate whether laws or regulations have been violated by the user.  Furthermore, Four Pillars Lodging will cooperate with legal authorities in the investigation of criminal or civil infringements or violations.

Your entry to, access to, and use of the Website and content and features thereof is further subject to your agreement that you may not use, transmit, retransmit, distribute, duplicate, reproduce, register, publish, post, copy, modify, or attempt to do any of the foregoing, or otherwise exploit the content or features of the Website for commercial or personal use except as authorized herein, without Four Pillars Lodging’s prior written consent.

Your entry to, access to, and use of the Website and content and features thereof is further subject to your agreement that you may not interfere with (or attempt to interfere with), modify, or affect the operation of the Website, and that you will only use the Website as intended and in a reasonable manner.  You may not post or transmit to any unlawful, defamatory, profane, or obscene material to the Website, and any such material may be removed by Four Pillars Lodging in Four Pillars Lodging’s sole and absolute discretion.

As a condition of your use of the Website, you warrant to Four Pillars Lodging that you will not use the Website for any purpose that is unlawful or otherwise prohibited by these Terms of Use.

Tampering

You agree not to modify, move, add to, delete, or otherwise tamper with the information or data on the Website.  You also agree not to violate, interfere with, or otherwise tamper with any intellectual property or other proprietary information contained on the Website.

Trademarks and Other Four Pillars Lodging Intellectual Property

Four Pillars Lodging owns and claims rights to various service marks and trademarks, including, without limitation, “Four Pillars LodgingTM”.  You and all other third parties are prohibited from using any of Four Pillars Lodging’s service marks, trademarks, tradenames, slogans, mottos, logos, artwork, or other intellectual property (the “Four Pillars Lodging IP”) or other marks contained on the Website (even if owned by a third party but used by Four Pillars Lodging with permission) without the prior written consent of Four Pillars Lodging.  To be clear, you may not, directly or indirectly, use, transmit, distribute, register, publish, post, copy, modify, or attempt to do any of the foregoing, any Four Pillars Lodging IP or any other marks that are confusingly similar to the Four Pillars Lodging IP without the prior written consent of Four Pillars Lodging.  This prohibition is intended to be construed in the broadest sense.

Copyrights

Four Pillars Lodging’s Website and all of the Website’s content and features are owned by and the property of Four Pillars Lodging, are copyrighted by Four Pillars Lodging, and are protected by applicable copyright laws.  The Website content and features claimed and protected hereby including, without limitation, any and all text, updates, graphics, logos, content, images, data, information, audio, video, icons, format, layout, features, applications, compilations, digital downloads, software used to operate the Website, and any derivatives, complications, updates, and revisions thereto, and all software available for download on the Website. You are authorized to utilize the Website and its content and features only for the purposes intended by Four Pillars Lodging (i.e., to obtain information regarding, make reservations for, and obtain other services with respect to Four Pillars Lodging extended stay hotels) and for no other purposes.  To be clear, you may not, directly or indirectly, use, transmit, distribute, register, publish, post, copy, modify, reproduce, republish, decompile, display, link, transmit, or attempt to do any of the foregoing, with respect to all or any portion of the Website or the content or features of the Website, without the prior written consent of Four Pillars Lodging.

Links

Four Pillars Lodging prohibits unauthorized links to its Website.  Therefore, you may only link to the Website with the prior written consent of Four Pillars Lodging, which consent may be granted, withheld, conditioned, delayed, and revoked in Four Pillars Lodging’s sole and absolute discretion.  Four Pillars Lodging may disable any such unauthorized links.  Four Pillars Lodging has no responsibility, obligation, or liability for any material on other web sites that may contain links to the Website.

Any links on the Website to third party websites (“Linked Third-Party Sites”) are provided by Four Pillars Lodging for reference and as a convenience to you; any such links on the Website to Linked Third-Party Sites are not under the control of Four Pillars Lodging and are provided without any representation or warranty as to the content, privacy, or security of any such Linked Third-Party Sites.  Any entrance, access, and use of a Linked Third-Party Sites (whether accessed via a link on the Website or otherwise) shall by at your own risk, and you hereby release Four Pillars Lodging from any and all claims with respect thereto, including, without limitation, claims relating to the content, privacy, or security of such Linked Third-Party Sites.

To be clear, Four Pillars Lodging shall have no liability or responsibility for, and hereby disclaims any such liability or responsibility, for the content, privacy, security on any Linked Third-Party Sites, infringement of intellectual property rights on any Linked Third-Party Sites, or otherwise with respect to your entry, access, or use of any Linked Third-Party Sites.  Four Pillars Lodging makes no representations or warranties of any kind with respect to any Linked Third-Party Sites including no representations or warranties with respect to the accuracy or completeness of the content of any Linked Third-Party Sites or the adequacy of any privacy, security, purposes, or absence of viruses or other items of a destructive nature of such Linked Third-Party Sites.  Four Pillars Lodging does not endorse the content, services, products, or other features or items available on such Linked Third-Party Sites.  Four Pillars Lodging does not endorse or guaranty the content of these Linked Third-Party Sites.  Four Pillars Lodging assumes no responsibility, obligation, or liability for any material that may be accessed on other websites (including Linked Third-Party Sites) reached through the Website, nor does Four Pillars Lodging make any representation regarding the quality of any product or service contained at any such Linked Third-Party Sites.  More information with respect to Linked Third-Party Sites can be found in the Four Pillars Lodging Privacy Policy.

Privacy

Protecting your privacy is important to Four Pillars Lodging.  You are responsible for the content of any submissions of personal information that you provide to Four Pillars Lodging via the Website or otherwise.  By submitting personal information, you authorize Four Pillars Lodging to use the personal information subject to and consistent with Four Pillars Lodging’s Privacy Policy. Please see Four Pillars Lodging’s Privacy Policy with respect to the personal information Four Pillars Lodging collects and how Four Pillars Lodging collects, uses, and protects your personal information that is provided to or obtained by Four Pillars Lodging.  By entering, accessing, using, and remaining on the Website, and by providing your personal information to Four Pillars Lodging, you acknowledge, agree, and consent to the Four Pillars Lodging Privacy Policy and the collection and transmission of such personal information as contemplated therein and in connection with Four Pillars Lodging’s standard business practices.

DISCLAIMER OF WARRANTIES: FOUR PILLARS LODGING MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE WILL BE FUNCTIONAL, THAT IT WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, OR THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, SECURE, FREE OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS, OR FREE OF ERRORS.  THE WEBSITE AND ANY AND ALL INFORMATION, DOCUMENTS, OR OTHER DATA PROVIDED BY OR ACCESSED THROUGH THE WEBSITE ARE PROVIDED “AS IS”, “WITH ALL FAULTS”, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT WARRANTIES OF RELIABILITY, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  ANY DAMAGE DONE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR USE OF THE WEBSITE OR DOWNLOAD OF CONTENT OR SOFTWARE THEREFROM SHALL BE AT YOUR OWN RISK AND SHALL BE YOUR SOLE RESPONSIBILITY.  

Four Pillars Lodging uses reasonable efforts to include accurate and up-to-date information on its Website; however, it does not make any warranties or representations as to its accuracy and completeness.  Four Pillars Lodging periodically adds, changes, improves, or updates the Website without notice.  Four Pillars Lodging assumes no liability, obligation, or responsibility for any errors, inaccuracies, or omissions with respect to the Website or its content, features, or functionality.  Notwithstanding the foregoing, the information and content on the Website may contain technical inaccuracies and typographical errors, including inaccuracies related to pricing or availability applicable to your transaction, reservation, or booking. Four Pillars Lodging assumes no responsibility or liability for, and hereby expressly disclaims any liability or responsibility for, any such inaccuracies, errors, or omissions, and shall have no obligation to honor reservations, bookings, or information affected by such inaccuracies or errors. Your use of the Website is at your own risk.

LIMITATION OF LIABILITY:  IN NO EVENT SHALL FOUR PILLARS LODGING  OR RELATED PARTIES OR AFFILIATES TO ANY OF THE FOREGOING, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) ARISING OUT OF ACCESS TO OR THE USE OR INABILITY TO USE CONTENT, FEATURES, FUNCTIONALITY, OR DOWNLOADABLE SOFTWARE ON OR FROM THE WEBSITE, EVEN IF FOUR PILLARS LODGING OR ITS AGENTS, LICENSEES, FRANCHISEES, AFFILIATES, OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  FURTHERMORE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER FOUR PILLARS LODGING NOR ANY FRANCHISEE OR LICENSEE OF A FOUR PILLARS LODGING OPERATED HOTEL, SHALL BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT, OR OTHERWISE) RESULTING FROM ACCESS TO OR ANY USE OF, OR INABILITY TO USE OR ACCESS, OR RELIANCE ON, OR FUNCTIONING OF, THE WEBSITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF FOUR PILLARS LODGING OR ITS AGENTS, LICENSEES, FRANCHISEES, AFFILIATES, OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OF DAMAGE.  

THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS ASSERTED AND REGARDLESS OF FORESEEABILITY.

Security

The security of information provided by you or transmitted through use of the Website is not and cannot be guaranteed.  Although Four Pillars Lodging will strive to secure such information, Four Pillars Lodging is not responsible for any interception or interruption of any communications, data, or information, or for changes to or loss of any communications, data, or information.  You are responsible for maintaining the security of any password, user ID, or other form of authentication involved in obtaining access to password-protected or secure areas of the Website.  In order to protect you and your data, Four Pillars Lodging may suspend or limit your use of the Website or any of its features or functionality, without notice, for investigative purposes if any breach of security is suspected or if any virus is found or suspected.

Modification of Terms and Conditions

Four Pillars Lodging reserves the right to modify and amend these Terms of Use from time to time hereafter at Four Pillars Lodging’s sole and absolute discretion.  Any such changes to the Terms and Conditions will be effective when posted by Four Pillars Lodging on the Website. By entering, accessing, using, or remaining on the Website after Four Pillars Lodging posts any such changes on the Website, you accept the Terms of Use as modified.

Indemnification

You agree, at your sole cost and expense, to defend, hold harmless, and indemnify Four Pillars Lodging, its affiliates, agents, franchisees, licensees, partners, distributors, managers, and contractors, from and against any and all damages, liabilities, claims, judgements, losses, deficiencies, costs, and expenses, including reasonable attorney fees, incurred in connection with or arising from any claim, demand, suit, action, or proceeding arising out of your breach of these Terms of Use or in connection with your entry, access, or use of the Website or any product or service related to the Website.

Access to Website

Four Pillars Lodging may restrict access to, condition, limit, suspend, modify, change, update, or discontinue the Website, or any portion thereof, at any time without notice in Four Pillars Lodging’s sole and absolute discretion.  Four Pillars Lodging may refuse service, terminate access, and/or cancel transactions for any user or guest in Four Pillars Lodging’s sole and absolute discretion, including in the event you have not strictly complied with these Terms of Use.

Governing Law, Jurisdiction, and Venue

These terms and conditions shall be governed and construed in accordance with the laws of the State of Arizona, and applicable federal laws without regard to conflicts of law principles.  You agree that any and all proceedings relating to the Website or any product or service related to the Website, and the subject matter contained herein, shall be maintained in an appropriate court located in the State of Utah or the federal district courts sitting in the State of Arizona, which courts shall have exclusive jurisdiction and shall be the exclusive venue for such purposes.  You agree that any claim or cause of action arising out of or related to these Terms of Use, regardless of any statute or law to the contrary,

must be filed in the appropriate court within one (1) year after such claim or cause of action arises or such claim or cause of action will be forever barred.

Miscellaneous

These Terms of Use supersede any other written or oral agreement regarding the subject matter contained herein. These Terms of Use and the benefits of provision of the Website do not extend to any third party.  The waiver by Four Pillars Lodging of a breach or right under these Terms of Use will not constitute a waiver of any subsequent breach or right. If any term of these Terms of Use is held unenforceable or invalid by a court of competent jurisdiction, the remaining terms will remain in effect.  Four Pillars Lodging’s failure to exercise any right or to insist upon strict performance of any provision of this document shall not operate as a waiver of any right under these Terms of Use.  The terms and conditions relating to indemnification, limitation of liability, disclaimer of warranties, payment, and all other terms that should by their nature survive the termination of these Terms of Use shall survive any such termination.

Reservation of Rights

Any rights not expressly granted to you by these Terms of Use are hereby expressly reserved to Four Pillars Lodging.

Contacting Four Pillars Lodging

If you have questions regarding these Terms of Use, you may contact Four Pillars Lodging using the below contact information:

Four Pillars Lodging, LLC
Attn:  Legal
7150 East Camelback Road, Suite 444,
Scottsdale, AZ  85251