Unified Internet Access Terms of Service

NOTICE REGARDING DISPUTE RESOLUTION: THESE UNIFIED INTERNET ACCESS TERMS OF SERVICE CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND THE COMPANIES MAY HAVE AGAINST EACH OTHER ARE RESOLVED (SEE THE SECTION BELOW UNDER THE HEADING “AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER”), INCLUDING AN AGREEMENT AND OBLIGATION TO ARBITRATE DISPUTES, WHICH WILL, SUBJECT TO LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING ARBITRATION, UNLESS YOU OPT OUT IN ACCORDANCE WITH SUBSECTION H BELOW UNDER THE HEADING “AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER”. UNLESS YOU OPT-OUT OF ARBITRATION: (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST THE COMPANIES ON AN INDIVIDUAL BASIS, NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. PLEASE READ THE SECTION BELOW UNDER THE HEADING TITLED “AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER”.

Welcome to the unified Internet access service (the “Service”) available at certain participating Properties (as defined below). Recognized users of the Service (“Recognized Users”) may be able to access the Internet without logging in each time they attempt to use a device to access the Internet via Properties’ guest Internet networks. The Service is being provided at participating Properties by one or more third-party service providers (“Vendors”) in conjunction with Hyatt and/or the respective third-party management company(ies) and owner(s) of the Property(ies), including, where applicable, franchisees of Hyatt, (“Owners”) (individually and collectively, the “Companies”), as a service to Recognized Users. The Unified Internet Access Terms of Service set forth below (“Terms of Service”) govern your rights and responsibilities and our rights and responsibilities relating to use of the Service at the participating Property(ies).

The terms “Hyatt,” “we,” “us,” and other similar terms are used herein for convenience to refer to Hyatt Corporation, Hyatt International Corporation, Select Hotels Group, LLC and/or one or more of their affiliates and/or the Properties. The terms “Property” and “Properties” refer individually and collectively, respectively, to the various hotels and resorts operating under a Hyatt brand around the world.

Acceptance of Terms of Service; Modifications to Terms of Service

You must agree to these Terms of Service as a condition of registering for, accessing and using the Service. BY CLICKING ON “Register and Connect” or “Set-Up Wi-fi Profile” ON THE SERVICE SIGN-UP PAGE, REGISTERING YOURSELF AND/OR YOUR DEVICE, AS APPLICABLE, AND THEREAFTER BY CONTINUING TO ACCESS THE SERVICE, YOU REPRESENT THAT:

A. YOU HAVE READ, UNDERSTAND AND ACCEPT THESE TERMS OF SERVICE WITHOUT LIMITATION OR QUALIFICATION, AND

B. YOU ARE AT LEAST 18 YEARS OF AGE (20 YEARS OF AGE IF YOU ARE ACCESSING THE SERVICE IN THAILAND) AND CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW.


THE SECTION BELOW UNDER THE HEADING TITLED “AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER” PROVIDES THAT ALL DISPUTES BETWEEN YOU AND THE COMPANIES SHALL BE SUBMITTED TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS. IF YOU DO NOT AGREE TO BE BOUND BY THESE OR ANY OTHER PROVISIONS OF THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE SERVICE.

We reserve the right to modify these Terms of Service in our discretion at any time, subject to applicable law. Such modifications will be effective when posted at https://www.hyatt.com/info/wifi-terms-conditions. Any use of the Service after any such modifications are posted shall constitute acceptance of such modifications. From time to time, you may be required to acknowledge updates to these Terms of Service in order to access the Service.

Privacy Policy For Guests

Your use of the Service is subject to our Global Privacy Policy, and information collected through your use of the Service will be handled in accordance with our Global Privacy Policy. For more information about how we collect, use and share information, please see our Global Privacy Policy, available at privacy.hyatt.com. 

To register as a Recognized User and to otherwise access the Service, you must provide the information requested, which may vary according to applicable local laws and requirements in the jurisdiction(s) from which you are registering for and/or accessing the Service. If you do not wish to provide the required information, you may not be able to access the Service in certain jurisdictions.

Recognized Users and Devices

Recognized Users and devices will be identified in order to access the Services.

In some instances, when you attempt to use a device to access the Service via a participating Property’s network, a unique identifier (e.g., the media access control (MAC) address) associated with you or your device (“Device ID”) may be collected and validated against a registry of Recognized Users.

Recognized Users may subsequently be permitted to access the Service at participating Properties without additional login steps. If you are not a Recognized User, you will be directed to a sign-up page to register to become a Recognized User. To register you must provide your name and email address and any other required data. That information, together with the Device ID, if applicable, will be stored in a registry of Recognized Users and used primarily to validate you as a Recognized User when you visit any participating Property and connect to the Service via that Property’s network. For more information about how we collect, use and share information, please see our Global Privacy Policy, available at www.privacy.hyatt.com.

Service Availability and Security

The Companies may provide access to the Service to Recognized Users at locations (“Enabled Locations”) at participating Property(ies) that have been equipped with wired or wireless access points. Access points or Enabled Locations may not be available in all areas of participating Property(ies), and both wired and wireless Internet access service may not always be operational or available.

You understand that the Service, which may utilize wired or wireless technologies and may be unencrypted, not inherently secure and that communications transmitted or received through or using the Service may not remain private or free of interception or access by others. YOU AGREE THAT THE COMPANIES WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY BREACH OF SECURITY THAT MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ANY INTERCEPTION OF TRANSMISSIONS, LOSS OF DATA, FILE CORRUPTION, HACKING OR DAMAGE TO YOUR NETWORK, COMPUTER OR OTHER DEVICE THAT RESULTS FROM THE TRANSMISSION OR DOWNLOAD OF INFORMATION, MATERIALS OR CONTENT THROUGH THE SERVICE. You further agree that you are solely responsible for implementing and maintaining appropriate technological and other safeguards to ensure the safety and security of your network, computer, or other device and anything stored on, or transmitted by, your network, computer, or other device.

Access to the Service

The Service is provided at the sole discretion of the Companies. You may only register for and access the Service if you are of the age of majority and can form legally binding contracts under applicable law in the jurisdiction(s) in which you register for and access the Service. The Service is provided for Recognized Users who are located at participating Property(ies). We make no representation that the Service is suitable or available for use. You, as a Recognized User, are responsible for monitoring your connectivity and saving all of your data and communications regularly.

As part of the Service, the Companies may offer you the opportunity to use the Service at two or more participating Properties without the need to re-register at each separate location. In the event that you, having registered to use the Service at one participating Property, enter another participating Property, the Service may recognize your device and you may be given the opportunity to use the Service without registering. In the event that you make use of the Service at more than one participating Property, you acknowledge and agree that your personal data (as provided by you previously) may be disclosed to each additional participating Property.

Access to the Service may be denied, blocked, suspended, or terminated by the Companies at any time for any reason or for no reason, without prior notice or liability, in the Companies’ sole discretion, including, but not limited to, as a result of a violation of these Terms of Service, actions that may lead to liability for the Companies, disruption of access to other patrons or networks, and/or violation of applicable local, state, and, or federal laws or regulations. Following any termination of access, you will continue to be bound hereunder to the fullest extent possible. 

Premium Access

Premium access to the Service (e.g., access to a higher speed Service) may be available at certain participating Properties. These Terms of Service apply to such premium access. Where and when available, premium access to the Service may be made available on a complimentary basis to World of Hyatt® members who have attained a qualifying membership level under the World of Hyatt program terms and conditions. For more information about World of Hyatt benefits, please visit www.worldofhyatt.com.

Where and when available, premium access to the Service also may be made available to other guests and Recognized Users following payment of a designated premium access fee (the “Premium Access Fee”). By electing to connect via premium access to the Service, you agree to pay the designated Premium Access Fee along with any applicable taxes and any other fees or amounts associated with such premium access to the Service. The Premium Access Fee will be disclosed before you elect to connect via premium access to the Service. Unless otherwise noted, the Premium Access Fee and any associated taxes/fees will be charged to your hotel folio. Please contact the front desk at the hotel if you have problems with the premium access to the Service. 

Restrictions on Use of the Service

You must have an Internet-enabled computer or other device to connect to the Service. You may not use the Service to engage in, foster, or promote illegal, abusive, or improper activities. Without limiting the foregoing, you agree to not use the Service to:

  • Attempt to gain unauthorized access to or use of data, systems, or networks, including any attempt to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without express authorization of the owner of the system or network;
  • Send high-volume data transfers, especially high-volume data transfers associated with, hosting a web server, IRC server, or any other server, or to otherwise engage in any activity that would materially slow down, interfere, overburden or impair other users’ use of the Service or interfere with the proper working of the Service;
  • Monitor data or traffic on any network or system without the express authorization of the owner of the system or network;
  • Interfere with Service to any other user of the Service or other network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, and broadcast attacks;
  • Engage or attempt to engage in any activity having an unlawful, harassing, abusive, criminal or fraudulent purpose;
  • Transfer technology, software, or other materials in violation of law, including without limitation export laws and regulations;
  • Use or attempt to use an Internet account or computer without the owner’s authorization;
  • Collect or use e-mail addresses, screen names, or other identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting);
  • Transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
  • Collect or use information without the consent of the owner of the information;
  • Use any false, misleading, or deceptive TCP-IP packet header information in an e-mail or a newsgroup posting;
  • Distribute software that covertly gathers information about a user or covertly transmits information about the user;
  • Distribute advertisement delivery software ; or
  • Engage in any conduct that is likely to result in retaliation against the Companies’ networks or websites, or the Companies’ employees, officers, or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS).

Additionally, you may not upload, download, receive, publish, transmit, or otherwise use the Service in connection with any content or links to any content that any of the Companies reasonably believe:

  • Is intended to assist others in defeating technical copyright protections or mechanisms for copyright protection;
  • Infringes another person’s or entity’s copyright, trade or service mark, patent, or other proprietary right;
  • Improperly exposes trade secrets or other confidential or proprietary information of another person or entity;
  • Constitutes, depicts, fosters, promotes, or relates in any manner to child pornography or obscene content;
  • Is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
  • Is unfair or deceptive under the consumer protection laws of any jurisdiction, including without limitation chain letters and pyramid schemes;
  • Is defamatory or violates a person’s privacy;
  • creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement;
  • Promotes illegal drugs, violates export control laws, or relates to illegal gambling or illegal arms trafficking;
  • Is otherwise illegal or solicits conduct that is illegal under laws applicable to you, the conduct or to the Service; or
  • Is otherwise malicious, is otherwise fraudulent, or may result in retaliation against the Companies by offended viewers.

You are responsible for your conduct and the conduct of anyone who uses the Service via your computer or other device (e.g., your children). The Companies do not have an obligation to screen or restrict communications between parties via the Service. The Companies also generally do not actively monitor the content uploaded, downloaded, received, published, transmitted, or otherwise accessed via the Service. Similarly, except for content created/managed by one or more of the Companies (e.g., the content available at Hyatt.com), the Companies do not exercise editorial control over the content of any website, electronic mail transmission, newsgroup, or other material or content created or accessible over or through the Service. However, the Companies reserve the right, at their discretion, to block or restrict access to any materials made available over the Internet. Further, the Companies reserve the right to monitor, intercept, and/or disclose information relating to use of the Service, including without limitation any transmissions over or using the Service or the Companies’ facilities.

The Companies will cooperate with appropriate law enforcement agencies and other parties involved in investigating claims of alleged illegal, abusive or improper activity. The Companies reserve the right to use and disclose records relating to use of the Service and customer and Recognized User information, including personally identifiable information, under certain circumstances (and under exceptional circumstances if you are accessing the Service within India), for example, to the extent authorized by applicable laws and regulations (including without limitation applicable surveillance statutes), in response to lawful process, orders, subpoenas or warrants, to protect the Companies or any other person from harm, and otherwise in accordance with our Global Privacy Policy. 

Third-Party Services

Hyatt does not control third-party websites, applications, or services (“Third-Party Services”) you may access, download, or use, or that may be presented to you, while using the Service. If you choose to access, download, or use Third-Party Services while using the Service, you do so at your own risk and your access, downloading, and use of such Third-Party Services will be governed by the terms and privacy policies of those Third-Party Services. Third-Party Services may place their own cookies, pixel tags, or other tracking devices or files on your computer or other device and/or otherwise collect data or solicit information from you. For more information, consult the applicable terms of use and privacy policies for the applicable Third-Party Services.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL CONTENT AND INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR CONTENT OBTAINED OR ACCESSED THROUGH THE SERVICE) ARE PROVIDED ON AN “AS IS,” “WHERE IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ACCURACY OF INFORMATION CONTENT, AND SYSTEM INTEGRATION QUALITY.

B. THE COMPANIES DISCLAIM ANY WARRANTIES OR LIABILITY REGARDING THE SECURITY, RELIABILITY, AVAILABILITY, APPROPRIATENESS, SUITABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE. THE COMPANIES MAKE NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION OR OTHER MATERIAL PURCHASED, ACCESSED, DOWNLOADED, OR USED THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

C. THE COMPANIES DISCLAIM ANY WARRANTIES OR LIABILITY FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICE. THE COMPANIES HAVE NO CONTROL OVER THE THIRD-PARTY SERVICES AND THIRD-PARTY NETWORKS YOU MAY ACCESS OR USE IN THE COURSE OF YOUR USE OF THE SERVICE. YOU DOWNLOAD, ACCESS OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SERVICE AT YOUR OWN DISCRETION AND YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR NETWORK, COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR DATA.

D. THERE IS NO WARRANTY OR GUARANTEE REGARDING THE AVAILABILITY, COVERAGE, SPEED OR QUALITY OF THE SERVICE. THE COMPANIES DISCLAIM ANY WARRANTY OR LIABILITY FOR ANY VIRUSES OR OTHER HARMFUL APPLICATIONS THAT MAY TRAVEL THROUGH THE SERVICE. THE COMPANIES DO NOT WARRANT OR GUARANTEE THE SECURITY OF THE SERVICE. UNAUTHORIZED THIRD PARTIES MAY ACCESS YOUR NETWORK, COMPUTER, DEVICE OR FILES OR OTHERWISE MONITOR YOUR CONNECTION TO THE SERVICE. YOU ASSUME ALL RISK ASSOCIATED WITH YOUR ACTIVITIES CONDUCTED ONLINE THROUGH THE SERVICE AND ASSUME ALL LIABILITY AND DAMAGES INCURRED BY YOURSELF, THE COMPANIES, OR A THIRD PARTY THAT ARISE OR RESULT FROM YOUR ACTIVITIES CONDUCTED ONLINE THROUGH THE SERVICE, WHETHER KNOWN OR UNKNOWN AT THE TIME OF USE.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE COMPANIES, INCLUDING WITHOUT LIMITATION HYATT, HYATT CORPORATION, SELECT HOTELS GROUP, LLC, THEIR PARENT(S), ANY OF THEIR OR THEIR DIRECT AND INDIRECT SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSEES, FRANCHISEES, VENDORS, REPRESENTATIVES OR AGENTS OR ANY OWNERS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR GOODWILL, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY, LOSS OF USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM, ARISING OUT OF OR RELATED TO: (A) THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SERVICE; (B) SERVICES, PRODUCTS, INFORMATION, CONTENT, OR ADVICE RECEIVED THROUGH OR ADVERTISED VIA THE SERVICE; (C) CONTENT POSTED BY A THIRD PARTY OR THE CONDUCT OF A THIRD PARTY USING THE SERVICE; (D) ANY RELIANCE ON THE SERVICE; (E) THE UNAVAILABILITY, INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES); (F) THE ACCESS OR USE OF ANY THIRD-PARTY SERVICE THROUGH THE SERVICE; OR (G) ANY OTHER MATTER RELATING TO THE SERVICE. THE FOREGOING LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANIES OR THEIR RESPECTIVE PERSONNEL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE SERVICE OR THESE TERMS OF SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

If you are accessing the Service in Australia then nothing in these Terms of Service restricts, excludes or modifies any rights that cannot be excluded under any applicable law, including the consumer guarantees set out in the Competition and Consumer Act 2010 (Cth). In the case of a breach by Hyatt of such non-excludable condition, Hyatt’s liability is limited, at its option to:

  • in the case of the supply of goods, to the re-supply of such goods, the supply of equivalent goods, the repair of those goods or the payment of the cost of such re-supply, supply or repair (as the case may be and as selected by Hyatt in its sole discretion); or
  • in the case of the supply of a service, to refunding the price of the services in respect of which the breach occurred or providing those services again.


Indemnity

You agree to indemnify, defend, and hold harmless the Companies, including without limitation Hyatt, Hyatt Corporation, Select Hotels Group, LLC, their parent(s), their direct and indirect subsidiaries and affiliates, and their respective officers, directors, employees, agents, licensors, licensees, managers, operators, franchisees, vendors and Owners (collectively, the “Indemnified Parties”) from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys' fees, arising from or related to: (a) any violation of these Terms of Service or applicable laws or regulations; (b) use or misuse of the Service by you or any other person using your computer or other device; (c) use or misuse of any content that you or any person using your computer or other device submit, post or transmit through the Service; and/or (d) the infringement of any intellectual property or other right of any person or entity by you or any other person using your computer or other device. You also will cooperate as fully as reasonably required in the Indemnified Parties’ defense of any claim in this regard. The Companies reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle any matter without the written consent of Hyatt.

Notice and Procedures for Making Claims of Copyright Infringement

We respect the intellectual property rights of third parties. We respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512 et seq. If you are accessing the Service in Canada, we respond to notices of alleged copyright infringement in accordance with Canada’s Copyright Act “Notice and Notice ” provision 41.25. Regardless of whether or not we believe that we are liable for any copyright infringement for which we are provided notice, Hyatt’s response may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating an individual’s access to the Service, at Hyatt’s sole discretion and operating within the parameters of the DMCA and other applicable laws. Without limiting the generality of the foregoing, it is our policy in accordance with the DMCA and other applicable laws to reserve the right to terminate access to the Service for any user who is either found to infringe third-party copyright or other intellectual property rights, including repeat infringers, or who we, in our sole discretion, believe is infringing these rights.

If you believe that your work has been copied in a manner that constitutes copyright infringement, please contact:

Hyatt Corporation
Attn: Copyright Agent, Legal Department
150 N. Riverside Plaza
Chicago, IL 60606
copyright@hyatt.com

with the following information:

Your name, address, telephone number and email address;

  • A description of the copyrighted work that you claim has been infringed;
  • A description of the allegedly infringing material and where it is located;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agents, or the law;
  • A statement by you under penalty of perjury that your notice is accurate, that you are the copyright owner or that the copyright holder has authorized you to act on its behalf;
  • Your written or electronic signature attesting to the above; and
  • the date and time of the commission of the claimed infringement (if you are submitting the notice of claimed infringement under provision 41.25 of Canada’s Copyright Law).

If your content has been removed in response to our receipt of a DMCA Notification as outlined above, and you believe the removal was inappropriate, you may submit a DMCA Counter-Notification by contacting Hyatt at:

Hyatt Corporation
Attn: Copyright Agent, Legal Department
150 N. Riverside Plaza,
Chicago, IL 60606
copyright@hyatt.com

with the following information:

  • Your name, address, telephone number and email address;
  • A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district for which jurisdiction for Hyatt would be appropriate, and that you will accept service of process from the person who submitted the DMCA notification or an agent of such person;
  • A description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • A statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  • Your written or electronic signature attesting to the above.

AGREEMENT TO ARBITRATE AND CLASS ACTION WAIVER.

PLEASE READ THE FOLLOWING CLAUSE CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Customer support for the Service can be reached via the front desk at the hotel. Many questions or concerns you may have regarding the Service can be addressed through the front desk at the hotel. In the unlikely event that your concern cannot be resolved to your satisfaction (or if the Companies cannot resolve a concern they have with you after attempting to do so informally pursuant to Subsection A below), then you and the Companies agree to be bound by the following procedure to resolve any and all disputes between us. This provision applies to all consumers to the fullest extent allowable by law. This agreement is intended to be interpreted broadly. It covers any and all disputes between you and the Companies (“Disputes”), with the exception of those in Subsection F (Exceptions – Intellectual Property Claims) and Subsection G (Exceptions – Small Claims Court Claims) below.

A. Informal Negotiations/Notice of Dispute. You and the Companies agree to first attempt to resolve any Dispute informally before initiating arbitration. Most Disputes may be quickly resolved in this manner. The applicable Company(ies) and you (each a “party” and together, the “parties”) shall use best efforts to settle any Dispute directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration. Such negotiations commence upon receipt of written notice from one party to the other (“Notice of Dispute”). Notices of Dispute must: (1) include the full name and contact information of the complaining party; (2) describe the nature and basis of the claim or dispute; and (3) set forth the specific relief sought (“Demand”). The applicable Company(ies) will send its Notice of Dispute to the email address you provided to us when you registered for the Service. You will send your Notice of Dispute to: Hyatt Corporation, Attn: General Counsel, Legal Department, 150 N. Riverside Plaza, Chicago, IL 60606.

B. Agreement to Binding Arbitration. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the Notice of Dispute, then either party may initiate binding arbitration. This provision applies to all consumers to the fullest extent allowable by applicable law. This agreement is intended to be interpreted broadly. Except as set forth in Subsection F and Subsection G below, all Disputes arising out of or relating to the relationship of the parties, the Service, Terms of Service (including the Hyatt Global Privacy Policy and any additional terms incorporated by reference into this Agreement) including their formation, performance and breach, and/or this agreement to arbitrate (including its formation, performance and breach) shall be finally settled by binding arbitration administered by the American Arbitration Association on a confidential basis in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate, including but not limited to any claim that all or any part of the agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this agreement to arbitrate shall be governed by the U.S. Federal Arbitration Act, to the extent permissible by applicable law.

C. THE AAA’S RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING THE AAA AT 1.800.778.7879. TO THE EXTENT THE FILING FEE FOR THE ARBITRATION EXCEEDS THE COST OF FILING A LAWSUIT, THE APPLICABLE COMPANY(IES) WILL PAY THE ADDITIONAL COST. A REQUEST FOR PAYMENT OF FEES SHOULD BE SUBMITTED TO AAA ALONG WITH YOUR FORM FOR INITIATING THE ARBITRATION, AND THE APPLICABLE COMPANY(IES) WILL MAKE ARRANGEMENTS TO PAY ALL NECESSARY FEES DIRECTLY TO THE AAA. IF THE ARBITRATOR FINDS THE ARBITRATION TO BE NON-FRIVOLOUS, THE APPLICABLE COMPANY(IES) WILL PAY ALL OF THE ACTUAL FILING AND ARBITRATOR FEES FOR THE ARBITRATION, PROVIDED YOUR CLAIM DOES NOT EXCEED $75,000. THE ARBITRATION RULES ALSO PERMIT YOU TO RECOVER ATTORNEYS’ FEES IN CERTAIN CIRCUMSTANCES.

D. THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL, TO THE EXTENT PERMITTED BY APPLICABLE LAW. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT.

E. Class Action and Class Arbitration Waiver. THE PARTIES FURTHER AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Subsection B shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate Disputes.

F. Exceptions – Intellectual Property Claims. Notwithstanding the parties’ agreement to resolve all Disputes through arbitration, either party may seek relief under law or in equity (including without limitation preliminary or other injunctive relief) in any court of competent jurisdiction for Disputes or claims arising out of the alleged infringement of either party’s intellectual property rights.

G. Exceptions – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all Disputes through arbitration, either party may seek relief in small claims court for Disputes or claims within the scope of that court’s jurisdiction.

H. 30 Day Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Subsections B, C, D and E by sending written notice of your decision to opt-out to the following address: Hyatt Corporation, Attn: General Counsel, Legal Department, 150 N. Riverside Plaza, Chicago, IL 60606. The notice must be sent within thirty (30) days after the date on which you first register for the Service after the Effective Date of these Terms of Service. If you do not provide timely written notice of your decision to opt-out of the arbitration and class action waiver provisions as set forth above, you shall be bound to arbitrate Disputes in accordance with the terms of the above Subsections B, C, D and If you opt-out of these arbitration provisions, the Companies also will not be bound by them.

I. Location. If you are a resident of the United States, arbitration will take place at any reasonable location in the United States that is convenient for you. For residents outside the United States, to the extent permissible by applicable law, arbitration shall be initiated in the Los Angeles County, State of California, United States of America, and you and the Companies agree to submit to the personal jurisdiction of that court, in order to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. If a Dispute arises from your registration or access of the Service outside of the United States and the local laws of the jurisdiction from which you registered for and/or accessed the Service requires the arbitration to take place in such jurisdiction in accordance with local law, the parties agree to arbitrate in that jurisdiction and agree to submit to the personal jurisdiction of that court, in order to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

J. JURY TRIAL WAIVER. THE PARTIES EXPRESSLY AGREE THAT, TO THE EXTENT THAT THE ARBITRATION PROVISIONS SET FORTH IN ABOVE IN SUBSECTION B ABOVE DO NOT APPLY, THE PARTIES EXPRESSLY WAIVE THE RIGHT TO TRIAL BY JURY.

K. Modifications. Notwithstanding any provision in this Agreement to the contrary, the Companies agree that if we make any future change to this arbitration provision (other than a change to the Notice of Dispute address), you may reject any such change by sending us written notice within thirty (30) days of the change to the Notice of Dispute address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision (unless you timely opted-out of the arbitration provisions pursuant to Subsection H above). Any modification to this arbitration provision (other than a change to the Notice of Dispute address) shall not apply to Disputes for which we have received a Notice of Dispute at the time of such modification, and will only apply to all Disputes for which we receive a Notice of Dispute after such modification, regardless of whether such Disputes arise from events or omissions that occurred before such modification.

Miscellaneous Provisions

These Terms of Service and any dispute arising out of or related to these Terms of Service or use of the Service shall be governed in all respects by and construed and enforced in accordance with the laws of the State of Illinois, U.S.A., without regard to its conflicts of law principles and to the fullest extent allowed under applicable law. If you are accessing the Service from outside of the United States, local law shall apply to the extent required by the laws of such jurisdiction. Exclusive jurisdiction over any cause of action arising out of these Terms of Service or your use of the Service shall be in state or federal courts located in or near Chicago, Illinois, U.S.A. (or in the local courts of the jurisdiction outside of the United States from which you access the Service, to the extent required by the laws of such jurisdiction). You hereby further irrevocably and unconditionally agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Hyatt’s failure to insist upon or enforce strict performance of any provision of these Terms of Service shall not constitute a waiver of the provision. Any waiver of any provision shall be effective only if in writing and signed by Hyatt. Unless specifically a party hereto, each of the Companies is an intended third-party beneficiary under these Terms of Service, including without limitation the indemnity provision hereunder, and may enforce these Terms of Service directly. Neither a course of dealing or conduct between you and us nor any trade practices shall be deemed to modify these Terms of Service. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service to be unenforceable, the remainder of these Terms of Service will continue in full force and effect to the fullest extent permitted by applicable law. In the event of any inconsistencies between the English version of these Terms of Service and any version of these Terms of Service in any other language, the English version shall prevail (to the fullest extent permitted under applicable law). For users of the Service who are located in the Province of Quebec, the parties have required that the Terms of Service and all documents relating thereto be drawn up in English. Les parties ont demandé que les modalités d'utilisation ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.

In the event of any inconsistencies between the English version of this Policy and any version of this Policy in any other language, the English version shall prevail.  

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