TheBrexley.com terms & conditions
(rEVISED 01/19/19)
Guest policy
The Brexley is a welcoming environment and does not tolerate discrimination against, or harassment of, its guests. Federal, state and local laws prohibit discrimination on the basis of race, color, sexual orientation, religion, and military status.
TERMS OF SERVICE
Please read these Terms & Conditions of Service (the “Agreement”) carefully. Your use of the Site (as defined below) constitutes your consent to this Agreement.
This Agreement is between you (herein “you” or “your”) and The Brexley, LLC (“Company”, “The Brexley”, or “we”) concerning your use of (including any access to) The Brexley website site currently located at thebrexley.com together with any materials and services available therein, and successor site(s) thereto, (herein referred to as the “Site”). This Agreement hereby incorporates by this reference any additional terms and conditions posted by Company through the Site, or otherwise made available to you by Company. Your use of the Site is governed by this Agreement regardless of how you access the Site, including through the Internet, through Wireless Access Protocol (commonly referred to as “WAP”), through a mobile network, through a third-party provider (e.g. Airbnb, VRBO), or otherwise.
By using the Site, you affirm that you are of legal age to enter into this Agreement.
1. changes
We may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement though the Site. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes.
Your use of the Site following any changes to this Agreement will constitute your acceptance of such changes, The “Revised Version” at the beginning of this Agreement indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links); charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users.
2. Information submitted though the site
Your submission of information through the Site is governed by Company’s Privacy Policy, located at thebrexley.com (the “Privacy Policy”). You represent and warrant that any information you provide in connection with the Site is and will remain accurate and complete, and that you will maintain and update such information as needed.
3. JURISDICTIONAL ISSUES
The Site is controlled or operated (or both) from the United States, and is not intended to subject Company to any non-U.S. jurisdiction or law. The Site may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the Site’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
4. SITE RULES OF CONDUCT
In connection with the Site, the following rules of conduct apply. You must not:
Post, transmit or otherwise make available through or in connection with the Site any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of applicable owner.
Post, transmit or otherwise make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or monitor the use of, any hardware, software or equipment.
Use the Site for any purpose that is fraudulent or otherwise tortious or unlawful.
Harvest or collect information about users of the Site.
Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of the Site; or violate any requirement, procedure or policy of such servers or networks.
Restrict or inhibit any other person from using the Site.
Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Site except as expressly authorized herein, without Company’s express prior written consent.
Reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law.
Remove any copyright, trademark or other proprietary rights notice from the Site.
Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service, without Company’s express prior written consent.
Systematically download and store Site content.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape”, “data mine” or otherwise gather Site content, or reproduce or circumvent the navigational structure of presentation of the Site, without Company’s express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instruction posted in the robots.txt file located in the Site’s root directory, Company grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Company reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
You are responsible for obtaining, maintaining and paying for all hardware and all telecommunication and other services needed to use the Site.
5. products
The Site may make available listings, descriptions and images of goods or services or related coupons or discounts as well as references and links to Products, Services, and Content (collectively referred to herein as “Product” or “Products”). Such Products may be made available by Company or by third parties. The availability through the Site of any listing, description or image of a Product does not imply our endorsement of such Product of affiliation withe provider of such Product. We make no representations as to the completeness, accuracy or timeliness of such listings, descriptions or images (including any features, specification and prices contained therein). Such information and the availability of any Product (including the validity of any coupon or discount) is subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see will depend on your computers system, and we cannot guarantee that your computer will accurately display such colors. It is your responsibility ascertain obey all applicable local, sate, federal and foreign laws (including minimum age requirements) regarding the possession, use and sale of any Product.
6. TRANSACTIONS
We may make available the ability to purchase or otherwise obtain certain Products, Services, or Content through this Site (a “Transaction”) or Third-Party Sites. If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information. You represent and warrant that you have the right to use any credit card that you submit in connection with a Transaction. By submitting such information, you grant to us the right to provide such information may be required prior to the acknowledgement or completion of any Transaction. By making a Transaction, you represent that the applicable Products will be used only in a lawful manner.
Company reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Product; to impose conditions on the honoring of any coupon, discount or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with any Product. Refunds and exchanges will be subject to Company’s applicable refund and exchange policies. You agree to pay all charges incurred by you or on your behalf through the Site; at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product of service.
Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies withe the shipping restrictions contained on the Site. All Transaction are made pursuant to a shipment contract and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
7. Registration: user names and passwords
You may need to register to use all or part of the Site. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for you personal use only and should be kept confidential; you and not Company, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your Site account.
8. PROFILES AND FORUMS
Site visitors may make available certain materials (referred to herein as “Submission” or “Submissions”) through or in connection with the Site, including on profile pages or on the Site’s interactive services, such as message boards and other forums, and chatting, commenting and other messaging functionality. Company has no control over and is not responsible for any use or misuse (including any distribution) by any third party of Submissions. If you choose to make any of your personally identifiable or another information publicly available through the Site, you do so at your own risk.
For purposes of clarity, and for this paragraph only, you retain ownership of your online Submissions. For each Submission, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).
In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Site or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited, and without restriction, and does not place Company under any fiduciary or other obligation.
You represent and warrant that you have all rights necessary to grant the licenses granted in this section, that your Submissions, and provision thereof through and in connection with the Site, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
This paragraph does not waive or exempt a user from the Site’s requirements for licensing the Company’s intellectual property, content, media, and other assets.
We may (but have no obligation to) monitor, evaluate, alter or remove Submissions before or after they appear on the Site. We may disclose any Submissions and the circumstances surrounding their transmission to anyone for any reason or purpose.
9. Company’s proprietary rights
We own the Site, which is protected by proprietary rights and laws. Subject to your compliance with this Agreement, and solely for so long as you are permitted by Company to use the Site, you may view one (1) copy of any portion of the Site to which we provide you access hereunder, on any single device, solely for your personal, non-commercial use.
Our trade names, trademarks and service marks include but are not limited to The Brexley and any associated logos. All trade names, trademarks, service marks and logos on the Site not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that likely to cause confusion. Nothing contained on the Site should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.
The images, artworks, text, data, files, audio, and video clips, illustrations, designs, and documentation (in whole or in part, the “Content”), which appear on the Site, as well as the collection, arrangement, and assembly of the Content (the “Compilation”), are either proprietary to The Brexley and owned by The Brexley or used in accordance with applicable law or third-party consents.
You may not reproduce, distribute, display, transmit, modify, perform, adapt, generate derivative works of, or otherwise use the Content or the Compilation without the prior written permission of The Brexley except for limited personal, non-commercial use, as defined in these Terms & Conditions and any agreements you sign with The Brexley. Professional and commercial uses of The Brexley’s Content, Property, and other assets is governed by the License and Release Agreements you execute with The Brexley.
The Brexley owns the copyrights and trademarks to its architectural designs and the designs within the property. Users who stay at The Brexley for leisure purposes may take non-professional, non-commercial photographs during their stay at The Brexley. As such, a non-exclusive, revocable license is given by The Brexley for such non-professional and non-commercial purposes. The Brexley also offers the premises for professional photo shoots, motion pictures, and other entertainment/media purposes. Users who stay at The Brexley for professional and/or commercial purposes may not use any photos or other media taken of The Brexley without a license and release from The Brexley for such professional and/or commercial purposes (“Professional Purposes” includes, is not limited to, weddings, modeling shoots, motion pictures, television shows, magazine layouts, and other digital/physical content) Users wishing to gain a non-exclusive license for content based on The Brexley, should use the form at this address: www.thebrexley.com/license.php or contact us at:
The Brexley, LLC
6529 East Camino de Los Ranchos
Scottsdale, AZ 85254
info@thebrexley.com
If you desire to use The Brexley’s Trademarks, Copyrights, or Content other than as permitted herein, you must obtain The Brexley’s prior written permission. The Brexley maintains an active licensing program for the professional and/or commercial use of its intellectual property assets, including use of The Brexley Trademarks, building images, images of select artworks, and other proprietary content that may appear or be referenced on the Site. For more information on our Licensing Program, or to request permission related to your product, service, or promotion thereof, please see the Licensing page of the Site at www.thebrexley.com/liscense.php or contact us at:
The Brexley, LLC
6529 East Camino de Los Ranchos
Scottsdale, AZ 85254
info@thebrexley.com
The Brexley does not entertain requests for permission to reproduce or otherwise use text, design, audio, and video components from the Site; however, links to the Site are permitted as described in Links to The Site, below.
You may also be required to clear third party rights in Content you use, the sole responsibility for which will be your own (see Use of Third-Party Trademarks and Images below).
USE OF THIRD-PARTY TRADEMARKS AND IMAGES
If you wish to reproduce or otherwise use trademarks and/or copyrighted images that appear on the Site but do not belong to the The Brexley, you should contact the third parties who are referenced as the rights holders. The Brexley assumes no responsibility for ascertaining whether such rights are valid, whether all the rights holders are specified alongside Content described or for securing such rights on your behalf.
Licensing
For permission to reproduce any images from The Brexley or to use The Brexley for professional and/or commercial use, please contact:
The Brexley, LLC
6529 East Camino de Los Ranchos
Scottsdale, AZ 85254
info@thebrexley.com
Licensed images and locations must be reproduced in their entirety; you may not crop or otherwise alter them.
Reservation of rights
All rights not expressly granted by The Brexley herein are specifically and completely reserved. Nothing on the Site or in these Terms & Conditions grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any content or property of The Brexley or any third party, or may be construed to mean that The Brexley has authority to grant any right or license on behalf of any third party.
10. Third party materials: links
Certain Site functionality may make available access to materials made available by third parties, including Submissions (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.
We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by Company with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or suable access to any Third Party Materials (in whole or part) through the Site at any time. In addition, the availability of any Third Party Materials through the Site does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.
Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions, and policies applicable to such Third Party Materials (such as terms of service or privacy policies of the providers of such Third Party Materials).
LINKS TO THE sITE
The Brexley appreciates the interests of others in linking to the Site. If you arrive at the Site from a third-party link, please note that a link to the site does not imply a relationship with, or endorsement of, the third-party site or its content, purpose, policies or business practices.
If you are interested in providing a link from your site to the Site, please note the following rules:
You must use the name “The Brexley” or the particular “thebrexley.com” URL as applicable, to identify the link.
You may not reproduce or use The Brexley’s logo or The Brexley building image without the prior written permission of The Brexley, LLC.
You may not frame or utilize framing techniques to enclose any Content or The Brexley Trademarks on the Site.
You agree to remove your link upon The Brexley’s request.
LINKS FROM THE SITE
In using the Site, you may find that The Brexley provides hyperlinks to one or more third-party websites (the “Linked Sites”). The Brexley provides these links as a convenience for you and other users, but is not responsible for the content of, or links to and from , the Linked Sites. We encourage you to read the terms and conditions and similar policies of the respective Linked Sites, should you choose to visit them. A link from the Site does not imply a relationship with, or endorsement of, a Linked Site or its content, purpose, policies, or business practices.
11. copyright infringement claims
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send to Company a written notice by mail, e-mail, or fact requesting that Company remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See www.copyright.gov for details. Notices and counter-notices must be sent in writing to the Company’s DMCA Agent as follows: By mail to:
The Brexley, LLC
6529 East Camino de Los Ranchos
Scottsdale, AZ 85254
info@thebrexley.com
We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
12. disclaimer of warranties
The Site and any Products and Third Party Materials are made available to you “AS IT” without any warranties of any kind, whether express, implied or statutory. Company disclaims all warranties with respect to the Site and any Products and Third Party Materials to the fullest extent permissible under applicable law, including the warranties of merchantability, fitness for a particular purpose, non-infringement and title. All disclaimers of any kind (including in this section and elsewhere in this Agreement) are made on behalf of both Company and its affiliates and their respective shareholders, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers and service providers (collectively, the “Related Entities”).
While we try to maintain the timeliness, integrity and security of the Site, we do not guarantee that the Site is or will remain updated, complete, correct or secure, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any such alteration, contact us at info@thebrexley.com with a description of such alteration and its location on the site.
13. limitation of liability
Company will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, tort (including negligence), strict liability or other theory, including damages of loss of profits, use of data, loss of other intangibles, loss of security of Submissions (including unauthorized interception by third parties of Submissions), even if advised in advance of the possibility of such damages or losses. Without limits the foregoing, Company will not be liable for damages of any kind resulting from your use of or inability to use the Site or from any Products, Services, Content, or Third Party Materials. Your sole and exclusive remedy for dissatisfaction with the Site or any Products or Third Party Materials is to stop using the Site. The maximum aggregate liability of Company for all damages, losses, and causes of action, whether in contract, tort (including negligence) or otherwise, shall be the greater of $10.00 or the total amount, if any, paid by you to Company to use the Site. All limitations of liability of any kind (including in this section and elsewhere in this Agreement) are made on behalf of both Company and the Related Entities.
Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.
14. FILTERING
We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available. Please note that Company does not endure any of the products or services listed on such sites.
15. termination
This Agreement is effective until terminated. Company may terminate or suspend your use of the Site at any time and without prior notice, including if Company believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Site will immediately cease, and Company may, without liability to you or any third party, immediately deactivate or delete your user name, password, and account, and all associated materials, without any obligation to provide any further access to such materials. Sections 2-22 shall survive any expiration or termination of this Agreement.
16. indemnity
Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless Company and the Related Entities from and against all claims, losses, costs and expenses (including attorney’s fees) arising out of (a) your use of, or activities in connection with, the Site (including all Submissions), and Licenses or uses of The Brexley Property or Properties; and (b) any violation of alleged violation of this Agreement, and its related Agreements, by you.
17. GOVERNING LAW; JURISDICTION
This Agreement is governed by and shall be construed in accordance with the laws of the State of Arizona, County of Maricopa, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. You agree to exclusive jurisdiction of the federal and state courts located in the State of Arizona, County of Maricopa, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts.
18. PROMOTIONS
Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a promotion conflict with this Agreement, the Promotion rules will govern.
19. information or complaints
If you have a question or complaint regarding the Site, please send an e-mail to info@thebrexley.com. You may also contact us by writing to:
The Brexley, LLC
6529 East Camino de Los Ranchos
Scottsdale, AZ 85254
info@thebrexley.com
Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.
20. miscellaneous
If you have any questions relating to The Brexley Agreements, Terms and Conditions, or other Agreements, please contact us at:
The Brexley, LLC
6529 East Camino de Los Ranchos
Scottsdale, AZ 85254
(602)525-5449
info@thebrexley.com
This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meaning when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Company relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understanding between you and Company relating to such subject matter. Notices to you (including notices of changes to Agreement) may be made via posting to the Site or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Company will not be responsible for any failure to fulfill any obligation to any cause beyond its control.
Copyright © 2018 The Brexley, LLC. “The Brexley”, “thebrexley.com” and “The Brexley Logo” are Trademarks of The Brexley, LLC. ALL RIGHTS RESERVED.