TERMS OF USE
Effective Date: January 1, 2023
Welcome to the 714 Main Real Estate Holdings LLCd/b/a Kimpton Harper
Hotel and its subsidiaries and affiliated companies(“il Modo restaurant”,
“we” or “us”) website, www.ilmodorestaurant.com, and other
Kimpton Harper Hotel -related sites, apps, communications, capabilities and services (“Services”)
accessible on or by any top-level domain owned or used by us (the “Website”). Please read these
Terms carefully. By using the Website, you (“User” or “you”) are agreeing to these Terms
and to the conditions and notices set forth below (collectively, the “Agreement”). By accessing or
using this Website in any manner, you agree that (1) you have read and familiarized yourself with this
Agreement, (2) you understand the Agreement, and (3) you are bound by the Agreement in your use of the Website.
You are entering into this Agreement with us. If you do not accept all of the terms and conditions
contained in or incorporated by reference into this Agreement, please do not use the Website.
Modification of These Terms of Use
We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without
prior notice, and such changes will be effective immediately upon posting. Your continued access or use of the
Website signifies your acceptance of the updated or modified Agreement. Unless otherwise indicated, any new
material added to the Website will also be subject to the Agreement. Be sure to return to this page periodically
to review the most current version of the Agreement.
Additional terms, conditions, rules and restrictions may apply to services, promotions, reservations,
purchases, transactions and other activities conducted on or through the Website. You agree to comply with this
Agreement and with any additional terms, conditions, rules and restrictions when applicable. You understand that
your failure to comply may result in consequences such as cancellation of your reservations or other
transactions, and additional fees and penalties being charged to you.
Who Can Use the Website
The Website is not intended to be used by persons under the age of 18 years old. If you are under the age of 18
years old, please do not use the Website or any of the services offered by us. If you are submitting information
for a business entity, by doing so, you represent that you have the authority to bind that business entity to
the Agreement. We may, in our sole and absolute discretion, refuse to allow use of the Website or accept a
person’s or entity’s information and may, at any time, refuse to permit a person’s, or entity’s,
continuing use of the Website for any reason or for no reason, in our sole discretion.
User Conduct and Obligations
The content and information on the Website (including, but not limited to, messages, data, information, text,
music, sound, photos, graphics, video, maps, icons, software, code or other material) (collectively, the “Content”),
as well as the infrastructure used to provide such Content, is proprietary to us or third parties. Without our
prior written permission, you may not use, copy, reproduce, republish, upload, post, transmit, distribute or
modify our trademarks or other proprietary information in any way. You agree to follow all applicable laws and
regulations when using the Website. You may not use the Website in any manner that could damage, disable,
overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website.
Additionally, you agree not to:
Intellectual Property
Except for public domain material, the Website is protected by intellectual property laws, including U.S.
copyright laws. You are hereby granted a non-exclusive license to use the Content at the Website while connected
to the Website (including, where available, to email individual Content to others directly from this site). You
are also granted a limited license to print one copy of any Content posted at the Website, but only for your
personal use. Except as expressly provided above, all other rights are reserved. Among other things, except to
the extent required for the limited purpose of reviewing material on the Website, electronic reproduction,
adaptation, distribution, performance or display is prohibited. Commercial use of any of the Content is strictly
prohibited. Use of any of our trademarks and any trademarks licensed to us, such as metatags on other web sites,
also is strictly prohibited. You may not display the Website in frames (or any of the Content via in-line links)
without our express written permission, which may be requested by contacting us at [email protected].
Electronic Communications
When you visit the Website or send or accept electronic messages through the Website, you are communicating
with us electronically, and as a result, you consent to receive communications from us electronically. We may
communicate with you by email or other authorized form of electronic message or by posting notices on the
Website. You agree that all agreements, notices, disclosures and other communications that we provide to you
electronically satisfy any legal requirement that such communications be in writing. You further agree that any
notices provided by us electronically are deemed to be given and received on the date we transmit any such
electronic communication as described in the Agreement. You have a right to withdraw your consent to receive
electronic communications at any time, and may request a paper version of any electronic communication. You
acknowledge that such withdrawal of consent will prohibit you from accessing and using core functionalities of
the Website. You further acknowledge that we reserve the right to charge you a reasonable fee for the production
and mailing of paper versions of electronic communications, unless charging a fee is prohibited by applicable
law. To request a paper copy of an electronic communication, write us at [email protected].
If our hardware or software requirements change, we will post to the Website notice of the revised hardware or
software requirements. Continuing to use the Website after receiving notice of the changes to the Website is
reaffirmation of your consent.
We are not responsible or liable for communication errors, failures or other malfunctions, or lost, stolen or
misdirected transactions, transmissions, messages or entries, or for the security of any such
communications.
Access to Invoice and/or Payment Information
By use of any of the Website features containing invoice and/or payment information you certify that you
represent each and every company whose data is shown to you, and that you have been duly authorized by said
companies to view invoice and/or payment information for each and every company via the Website. We reserve the
right to require a signed letterhead or other written authorized document from any and all companies for which
you request access before allowing access to any company’s invoice and/or payment information. If you
should find that you have access to data that you are not authorized to use or view, then you are required to
contact us immediately to have said account(s) removed from your account list. Failure to do so may result in
denial of access to the Website.
Reviews, Comments and Use of Other Interactive Areas
Please be aware that by submitting any message, data, information, text, music, sound, photos, graphics, code
or any other Content to the Website by electronic mail, postings on the Website, or other social network
platforms operated by us, including any questions, comments, suggestions, ideas or the like contained in any
submissions (collectively, “Submissions”), you are certifying that you are the rightful owner or
licensee of the Submission and you grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable
and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create
derivative works from and publicly display and perform such Submissions throughout the world in any media, now
known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You
acknowledge that we may choose to provide attribution of your comments or reviews at our discretion. You further
grant us the right to pursue at law any person or entity that violates your or our rights in the Submissions by
a breach of the Agreement. You acknowledge and agree that Submissions are non-confidential and
non-proprietary.
The Website and other social network platforms may contain discussion forums, bulletin boards, reviews or other
means in which you or third parties may post Content, messages, materials or other items on the Website (“Interactive
Areas”). If we provide such Interactive Areas, you are solely responsible for your use of such Interactive
Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to,
transmit, distribute, store, create or otherwise publish through the Website any of the following:
We take no responsibility and assumes no liability for any Submissions posted, stored or uploaded by you or any
third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel,
omissions, falsehoods, obscenity, pornography or profanity you may encounter. We are not liable for any
statements, representations or Submission provided by its Users in any public forum, personal home page or other
Interactive Area. Although we have no obligation to screen, edit or monitor any of the Submissions posted to or
distributed through any Interactive Area, we reserve the right, and have absolute discretion, to remove, screen
or edit without notice any Content posted or stored on the Website at any time and for any reason.
If it is determined that you retain moral rights (including rights of attribution or integrity) in Submissions,
you hereby declare that (a) you do not require that any personally identifying information be used in connection
with the Submission, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the
publication, use, modification, deletion and exploitation of the Submission by us or its licensees, successors
and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights
of an author in any of the Submission; and (d) you forever release us, and its licensees, successors and
assigns, from any claims that you could otherwise assert against any of them by virtue of any such moral
rights.
Any violation of the foregoing violates the Agreement and may result in, among other things, termination or
suspension of your rights to use the Interactive Areas and/or the Website. See “Termination”,
below.
Digital Millennium Copyright Act Notice
We respect the intellectual property rights of others. We may, in appropriate circumstances and at our sole
discretion, terminate the access of Users who infringe the copyrights or intellectual property rights of
others.
If you believe your work has been copied and is accessible at the Website, or other social network platforms
operated by us, in a way that constitutes copyright infringement, or that the Website contains links or other
references to another online location that contains material or activity that infringes your copyright, you may
notify us by providing our copyright agent the information required by the U.S. Online Copyright Infringement
Liability Limitation Act of the U.S. Digital Millennium Copyright Act. Our agent for notice of claims of
copyright infringement on or regarding the Website can be reached by mail: Davidson Hotel Company LLC, One
Ravinia Drive, Suite 1600, Atlanta, GA 30346, USA, Attention: General Counsel, Copyright Inquiry; or by
telephone: 678-349-0909, Attention: General Counsel.
Your notice must satisfy the requirements of the DMCA and include the following information:
(i) Your
name, mailing address, and email address;
(ii) A statement identifying the copyrighted material you
claim is infringed, such as a URL linking to an authorized version of the copyrighted material;
(iii)
A statement identifying where the allegedly infringing material is located, such as URL linking to the allegedly
infringing material;
(iv) A statement that you have a good faith belief that the allegedly infringing
material identified in section (ii), above, is not authorized by the copyright owner, its agent, or the law;
(v)
A statement, made under penalty of perjury, that the information in this notice is accurate and that you are the
owner of the copyrighted material or are authorized to act on behalf of the owner of the copyrighted material;
and
(vi) An electronic or physical signature of a person authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed.
Our Privacy Policy
Our Privacy Policy governs the use of information collected from or provided by you through the Website. With
respect to any individual whose personal information is provided by you to our website, you represent to us that
you have obtained all necessary consents for the processing of such personal information contemplated by the
services you are using, including the transfer of such data to the United States or other countries whose laws
may not provide the same level of protection for the personal data as the laws of the country of origin of such
individual.
We are concerned about privacy issues. Please click hereto review our current Privacy Policy,
which also governs your use of the Website and all other websites, pages, accounts and other electronic media
owned or controlled by us, to understand our practices.
Security
Registered Users are responsible for the protection of their account numbers, customer name, and password
associated with Internet access to all Website and Interactive Areas. In the event of any unauthorized access to
your account, you must immediately notify us; however, we are not responsible or liable for damage of any kind
as a result of any unauthorized access. To protect yourself from unauthorized access to your account
information, we highly recommend that you change your password frequently and do not share your password with
anyone.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR ITS AFFILIATES, AGENTS, REPRESENTATIVES OR
LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS,
LOST DATA, BUSINESS INTERRUPTION OR ATTORNEYS’ FEES) ARISING OUT OF YOUR ACCESS TO OR USE OF, OR YOUR
INABILITY TO ACCESS OR USE, THE WEBSITE, ITS FEATURES OR CONTENT, OR THE HOTE’S SERVICES, WHETHER THE
ALLEGED LIABILITY IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE HOTEL
IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Disclaimer of Warranties
YOU AGREE THAT YOU USE THE WEBSITE AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE
SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THE WEBSITE FOR ANY PURPOSE, AND
THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THE WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR
RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE HOTEL. THE WEBSITE AND ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND
CONDITIONS THAT THE WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM US, ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. WE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE AND THE INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THE WEBSITE, INCLUDING ALL EXPRESS AND IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
Indemnification
You agree to defend and indemnify the hotel and each of its subsidiaries, affiliates, directors, officers,
agents, representatives, licensors, owners, partners, investors, employees, successors and assigns from and
against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or
expenses of any kind or nature, including but not limited to reasonable legal and accounting fees, arising
from:
You and each of your successors, assigns, subsidiaries and affiliates, hereby unconditionally release and
forever discharge the hotel and each of its subsidiaries, affiliates, directors, officers, agents,
representatives, licensors, owners, partners, investors, employees, successors and assigns harmless from any and
all complaints, claims, charges, damages, demands, suits, actions and causes of action, whether at law or in
equity (including attorneys’ fees, costs and expenses), known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way connected with your use of the Website.
Termination
You agree that the hotel, in its sole discretion, may terminate or suspend your use or access to the Website,
Interactive Areas, Submissions, Content, information, and services at any time and for any or no reason, in its
sole discretion, and without prior notification, even if access and use continues to be allowed to others. Upon
such suspension or termination, you must immediately (a) discontinue use of the Website, and (b) destroy any
copies you have made of any portion of Submissions. Accessing the Website, Interactive Areas, Submissions,
Content, information, and services after such termination, suspension or discontinuation shall constitute an act
of trespass. Further, you agree that the hotel shall not be liable to you or any third party for any termination
or suspension of your access to the Website, Interactive Areas, Content, information, and services.
Third Parties
The Website may contain links to websites, pages, accounts or other electronic media owned or controlled by
parties other than the hotel. Such links are provided for your reference and convenience only. We do not control
such websites and are not responsible for their contents or the privacy or other practices of such websites.
Further, it is up to you to take precautions to ensure that whatever links you select or software you download
(whether from the Website or other websites) is free of such items as viruses, worms, Trojan horses, defects and
other items of a destructive nature. Our inclusion of links to such websites does not imply any endorsement of
the material on such websites or any association with their operators. In some cases you may be asked by a third
party site to link your profile on our website to a profile on another third party site. Choosing to do so is
purely optional, and the decision to allow this information to be linked can be disabled (with the third party
site) at any time.
Copyright and Trademark Notices
All trademarks, trade names, logos, images, typefaces, graphics, service marks and trade dress displayed on the
Sites (collectively, the “Marks”) are the property of the hotel or its licensors, content providers
or other third parties. Nothing in these Terms of Use or on the Sites shall be construed as granting, by
implication, estoppel or otherwise, any license or right to use any Mark without the prior written consent of
the hotel or the owner of the Mark. In addition, the look and feel of the Website, including all page headers,
custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of the hotel or its
licensors, content providers or other third parties and may not be copied, imitated or used, in whole or in
part, without the prior written permission of the hotel or the owner thereof. All other trademarks, registered
trademarks, product names and company names or logos mentioned in the Website are the property of their
respective owners. Reference to any products, services, processes or other information, by trade name,
trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship or
recommendation thereof by the hotel.
If you are aware of an infringement of either your brand or our brand, please let us know by contacting us via
mail or email. See “How to Contact Us,” below.
General
You agree to use the Website in strict compliance with all applicable laws, rules, rulings and regulations and
in a fashion that does not, in the sole judgment of the hotel, negatively reflect on the goodwill or reputation
of the hotel and shall take no actions that would cause us to be in violation of any laws, rules, rulings or
regulations applicable to us. The Hotel and the Website are based in the United States. The Agreement shall be
governed by and construed in accordance with the laws of the State of Georgia, USA without reference to the
principles of conflicts of law of that state or any other jurisdiction. You hereby consent to the exclusive
jurisdiction and venue of the courts of the State of Georgia or the courts of the United States located in
DeKalb County, Georgia, and stipulate to the fairness and convenience of proceedings in such courts for all
disputes arising out of or relating to the use of the Website. You agree that all claims you may have against us
arising from or relating to the Website must be heard and resolved in a court of competent subject matter
jurisdiction located in the State of Georgia within two (2) years from the date on which such claim or action
arose or accrued or such claim or cause of action will be irrevocably waived. Use of the Website is unauthorized
in any jurisdiction that does not give effect to all provisions of the Agreement, including, without limitation,
this paragraph. If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable
law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely
matches the intent of the original provision and the remaining provisions in the Agreement shall continue in
full force and effect.
The Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between
you and the hotel with respect to the Website and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral, or written, between the User and the hotel with respect to the Website. You
further agree that our affiliates and our hotel management company, Davidson Hotel Company LLC d/b/a Pivot
Hotels & Resorts, are intended third party beneficiaries of all provisions of this Agreement including,
without limitation, the “Limitation of Liability”, “Disclaimer of Warranties”, and
“Indemnification” provisions hereof. A printed version of the Agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the
Agreement to the same extent and subject to the same conditions as other business documents and records
originally generated and maintained in printed form.
How to Contact Us
If you have any questions or comments about the Agreement, or your dealings with the Website, please contact us
by email sent to [email protected] or by mail at Davidson Hotel Company LLC, One Ravinia Drive, Suite
1600, Atlanta, GA 30346, USA, Attention: General Counsel, Website Inquiry.