Terms and Conditions, Waiver of Liability and Indemnity Agreement
Last Updated: January 3, 2023
WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
I willfully enter into this Release, Waiver of Liability, and Indemnity Agreement (“Waiver”), with Pro Hospitality Nine, LLC d/b/a The Lounge at The Clarendon Hotel and Spa powered by Elevationsss, LLC d/b/a Elevations Nation and its affiliates, and acknowledge that my consent and agreement to the following is a condition of my membership to The Lounge at The Clarendon Hotel and Spa (“The Lounge”), The Clarendon Hotel and Spa (“The Clarendon”), and my participations at any special events located at The Lounge or The Clarendon (“Elevations Events”) described below.
I declare that I am twenty-one (21) years of age or older.
I acknowledge that Pro Hospitality Nine LLC d/b/a The Clarendon Hotel and Spa’s (“The Clarendon”) boutique hotel and rooftop lounge, located at 401 West Clarendon Avenue, Phoenix, AZ 85013 (the “Premises”), is not a dispensary or marijuana establishment and is not selling or otherwise providing cannabis or manufactured/derivative products which contain cannabis (collectively “Cannabis”) for either medical or recreational use.
I acknowledge that although The Clarendon has organized the event at the Premises and has organized transportation to and from a duly licensed marijuana establishment, I am under no obligation to purchase or consume any Cannabis by virtue of participating in this event and that no portion of the price paid for the Event is in exchange for the purchase of Cannabis.
I acknowledge that the consumption of Cannabis in any form or amount may pose a risk to myself or those around me and agree to use Cannabis with caution while on the Premises, including while attending the Event and that neither The Clarendon nor its staff has the ability to regulate the amount of Cannabis that I or any other guest consumes.
I acknowledge the Arizona Department of Health Services warns: Cannabis use can be addictive and can impair an individual’s ability to drive a motor vehicle or operate heavy machinery. Cannabis smoke contains carcinogens and can lead to an increased risk for cancer, tachycardia, hypertension, heart attack, and lung infection. There may be potential dangers to fetuses caused by smoking or ingesting Cannabis while pregnant to infants while breastfeeding.
I acknowledge that the use of cannabis can affect coordination, motor skills, and cognition and agree that I will not drive after consuming Cannabis in any amount at the Premises.
I agree that I will not sell any Cannabis or engage in any transaction for Cannabis while on the Premises.
I release The Clarendon and its affiliates, subsidiaries, owners, members, managers, directors, officers, partners, employees, contractors, vendors, and guests from any liability arising out of or in any way connected with my or any other guests use of Cannabis on the Premises.
I acknowledge that when attending The Lounge, The Clarendon, or participating in an Elevations Event or experience, I am entering an area where photography, audio, and video recording may occur. I hereby consent to the use by Elevations, and those acting with the permission and authority of Elevations, of all photographs, videotape, and other images or recordings that Elevations has taken of me or in which I may be including promotion, solicitation, advertising, or trade. I hereby waive any right to inspect or approve finished images or other content, including advertising copy or printed matter, in which they may be used. I relinquish and give Elevations all rights, title, and interest in and to my image, likeness, and voice, including any copyright therein and Elevations shall have the unrestricted right to edit and modify the images. I hereby waive and release Elevations and its officers, agents, and employees from any claim or liability relating to the use of my name, likeness, identity, voice, photographic image, video graphic image and oral or recoded statements, including all claims of compensation, damage for libel, slander, invasion of the right of privacy, or any other claims based on, arising out of, or connected with the use of said recordings and/or images. I understand that all images taken of me in which I may be included, including film, photographic prints, digital files, or video are the exclusive property of Elevations and I grant Elevations the unrestricted right to copyright, publish, and re-publish the images.
I AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CLARENDON, ITS AFFILIATES (INCLUDING ELEVATIONSSS, LLC AND PHG PROPERTIES), SUBSIDIARIES, OWNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, CONTRACTORS, AND VENDORS AGAINST ANY INJURIES, DAMAGES, OR HARM I CAUSE, WHETHER I AM WHOLLY OR PARTIALLY AT FAULT, IN ANY WAY RELATED TO THE ACTIVITIES OR SERVICES PROVIDED BY THE CLARENDON OR RELATED TO THE ELEVATED UNDER THE STARS EVENT. IN TAKING PART IN THE ACTIVITIES RELATED TO THE EVENT, I UNDERSTAND AND ACKNOWLEDGE THAT I AM FULLY RESPONSIBLE FOR ALL RISKS, INJURIES, OR DAMAGES, KNOWN OR UNKNOWN, WHICH MIGHT OCCUR AS A RESULT OF MY PARTICIPATION IN SUCH ACTIVITIES.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
INTELLECTUAL PROPERTY RIGHTS.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree:
You may download and print one copy of the Site’s visible content for your own personal noncommercial use as long as you do not modify or delete any copyright, trademark, or other proprietary notices.
You will not otherwise copy, reproduce, display, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site or any part of the Site without the Company’s prior written consent.
You will not use the Site for unlawful purposes.
You warrant that all information you provide to us in connection with your access to and use of the Site is true, accurate, and complete to the best of your knowledge and belief.
You will not submit inaccurate, incomplete, or out-of-date information via the Site, commit fraud or falsify information in connection with your use of the Site, or act maliciously against the business interests or reputation of the Company.
You will not engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Site for purposes of creating or compiling that content for any purpose.
You will not access, use, or copy any portion of the Site, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
You will not use the Site to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines, including those designed to or that reasonably may disable, damage, impair, interfere with, surreptitiously intercept, or expropriate the Site or any computers, hardware, software, system, data, or networks.
You will not post violent, abusive, threatening, defamatory or pornographic content.
You will not engage in activities that aim to render the Site or associated services inoperable or to make their use more difficult.
USER GENERATED CONTRIBUTIONS.
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
LINKING TO THE SITE.
If you operate a website and are interested in linking to the Site: (a) the link must be a text-only link and clearly marked; (b) the link and its use must be in connection with a website of appropriate subject matter; (c) the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with the Company’s names and trademarks; (d) the link and its use must not create the false appearance that any program, person, or entity is associated with or sponsored by the Company; and (e) the link, when activated by a user, must display the Site full-screen and not within a frame. The Company reserves the right to revoke consent to link to the Site at any time in its sole discretion, either by amending these Terms or through other notice.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
PAYMENT TERMS. GENERAL TERMS.
We may offer memberships, products and services for purchase on our site (a “Site Purchase”). If you choose to make a Site Purchase, you acknowledge and agree that additional terms, disclosed to you at the point of purchase, may apply, and that such additional terms are incorporated herein by reference.
You may make a Site Purchase through the following payment methods (“Payment Method”): (a) making a purchase through a third-party platform such as the Apple App Store and Google Play Store (“Third Party Store”), or (b) paying with your credit card, debit card, or PayPal account, which will be processed by a third-party processor. Once you have made a Site Purchase, we are authorized by you to charge your selected Payment Method. If payment is not received by us from your selected Payment Method, you agree to pay promptly all amounts due upon demand by us.
Memberships and Auto-Renewal: We may offer annual memberships or memberships of a shorter term which, in each case, are automatically-renewing memberships. Memberships are Annual commitments, regardless on whatever payment plan you choose, and are non refundable.IF YOU PURCHASE AN AUTOMATICALLY RENEWING MEMBERSHIP, THEN UNLESS YOU CANCEL THE MEMBERSHIP PRIOR TO RENEWAL, YOUR MEMBERSHIP WILL RENEW AT THE END OF THE PERIOD, AT OUR THEN CURRENT PRICE FOR AN ANNUAL MEMBERSHIP, FOR A PERIOD OF ONE YEAR. To avoid the charge for a new annual membership period, you must cancel your membership, as described below, before the end of the then-current membership period. You will be given notice of changes in the pricing of our annual membership and an opportunity to cancel prior to renewal. If you do not cancel your membership prior to its automatic renewal, you agree that you will be charged at our then-current pricing for the new annual membership.
Cancelling a Membership. To cancel a membership, a cancellation request must be submitted to The Company via The Company’s website. Upon The Company’s agreeance to cancel your membership, your membership status will be inactive immediately.
Free Trial Memberships. If you sign up for a free trial membership and do not cancel prior to its expiration, your trial membership may convert into an annual paid membership and your Payment Method will be charged at the then-current price for an annual membership. If your free trial membership converts to a paid annual membership, your paid membership will continue to automatically renew at the end of each annual period, and your Payment Method will be charged, unless and until you properly cancel your membership. To avoid charges for a new membership period, you must cancel before the end of the then-current membership period or the free trial period as described above. Deleting your account or deleting the application from your device does not cancel your free trial membership. If we offer a free trial membership, you will only be permitted one such membership.
Refunds. Generally, all charges for memberships and other Site Purchases are nonrefundable, regardless of payment plan selected and there are no refunds or credits for partially used periods.
For paid members residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin, the terms below apply:
You may cancel your membership, without penalty or obligation, at any time prior to midnight of the third business day following the date you paid for your membership. In the event that you die before the end of your membership period, your estate shall be entitled to a refund of that portion of any payment you had made for your membership which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use all or substantially all of the services available to you through your membership) before the end of your membership period, you shall be entitled to a refund of that portion of any payment you had made for your membership which is allocable to the period after your disability by providing the Company notice in the same manner as you request a refund as described below.
To request a refund:
In addition to cancelling your membership, and provided that you are eligible to receive a refund, you must request a refund to receive one. Please contact customer support with your order number (you can find the order number in the order confirmation email).You may also mail or deliver a signed and dated notice which states that you, the member, are canceling the membership agreement, or words of similar effect. Please also include the email address or mobile number associated with your account along with your order number. This notice shall be sent to: Elevationsss LLC, c/o Pro Hospitality Group, Attn.: Cancellations, 300 W. Clarendon, Suite 325 Phoenix Arizona 85013 (in addition, California and Ohio members may send a facsimile to Cancellations, 300 W. Clarendon, Suite 325 Phoenix Arizona 85013.
The payments required under this Section do not include any Sales Tax that may be due in connection with your membership. If We determine that We have a legal obligation to collect a Sales Tax from you in connection with these Terms, We will collect such Sales Tax in addition to the payments required under this Section. If your membership or any services available to you in connection with your membership, or payments for such services, under these Terms are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Us, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority. As used herein, “Sales Tax” means any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
TERM AND TERMINATION.
MODIFICATIONS AND INTERRUPTIONS.
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
These Terms are governed by the laws of the state of Arizona, without regards for its conflict of law principles. Venue is exclusively in the state or federal courts, as applicable, located in Maricopa County, Arizona, with respect to any dispute arising under these Terms unless otherwise determined by the Company in its sole discretion. The parties expressly agree to the exclusive jurisdiction of those courts. Any cause of action or other claim with respect to the Site must be commenced within one year after the cause of action or claim arises. The United Nations Convention for the International Sale of Goods does not apply.
If any provision of these Terms is deemed unlawful, void or, for any reason, unenforceable, then that provision shall be deemed severed from the Terms and the remaining Terms and shall not affect the validity and enforceability of the remainder of the Terms.
APPLICABILITY OF ARBITRATION AGREEMENT: Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity hereof, including the determination of the scope or applicability of these Terms to arbitrate (hereinafter, collectively, the “Dispute”), which cannot be resolved informally, shall be resolved by binding arbitration on an individual basis under the terms set forth below (the “Arbitration Agreement”). Notwithstanding the foregoing, in the event of any actual, alleged or threatened violation of confidentiality or violation of the Company’s intellectual property or other proprietary rights, the Company may immediately resort to court proceedings in a court of competent jurisdiction as set forth above in order to seek immediate injunctive relief without posting of a bond, proof of damages or other similar requirement. The institution of any action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any claim seeking relief other than injunctive relief to arbitration.
This Arbitration Agreement applies to you and the Company, and to any of our subsidiaries, affiliates, agents, employees, predecessors in interest, successors in interest, and assigns, as well as all authorized or unauthorized users or beneficiaries of the Site provided under the Terms.
Arbitrator. The arbitration proceeding will be administered by the American Arbitration Association (“AAA”) before an arbitrator selected pursuant to the AAA rules. The decision of the arbitrator will be final and binding. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The parties shall share equally in the costs assessed for the arbitration, and each party shall bear its own attorneys’ fees and costs. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY INSTEAD CHOOSE AND AGREE TO HAVE ALL DISPUTES AS SET FORTH HEREIN DECIDED THROUGH INDIVIDUAL ARBITRATION.
The place of arbitration shall be in Maricopa County, Arizona, unless otherwise agreed to in writing by all parties to the arbitration. The parties acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. Sections 1–16, shall govern the interpretation, enforcement and proceedings pursuant to this Arbitration Agreement. The parties expressly agree that any and all actions taken under the Arbitration Agreement and related provisions, including but not limited to all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY.
To the maximum extent permitted by applicable law, in no event will the Company, its affiliates, or its or their respective directors, officers, owners, employees, contractors, representatives, consultants, agents, suppliers, or licensors (together, “the Company Parties”) be liable for any direct, indirect, special, incidental, exemplary, punitive, or consequential loss or damage, or any other loss or damage of any kind, arising out of or in connection with the Site or your access to or use of, or inability to access or use, the Site (including without limitation the input of personal and other information into the Site), whether the claim is based in contract, tort (including negligence), strict liability, warranty, or otherwise, and even if a Company Party has express knowledge of the possibility of the loss or damage.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: firstname.lastname@example.org, by telephone at (480) 422-1099, or by mail at 300 W. Clarendon Ave. Suite 325, Phoenix, AZ 85013.