Loews Terms and Conditions

Electronic Sites Access Agreement

IMPORTANT! THIS IS A BINDING LEGAL AGREEMENT. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SERVICE. THIS AGREEMENT INCLUDES BY REFERENCE ALL OF THE TERMS AND CONDITIONS OF THE PRIVACY POLICIES LOCATED AT https://www.loewshotels.com/privacy-policy, https://www.nbcuniversal.com/privacy?brandA=UO&intake=Universal_Orlando, and https://www.universalorlando.com/web/en/us/privacy-info-center, AND OF THE TERMS OF USE LOCATED AT https://www.loewshotels.com/terms-of-use and https://www.universalorlando.com/web/en/us/terms-of-service/terms-of-use (collectively, including the Privacy Statement and the Service Usage Agreement, the “Electronic Sites Access Agreement”).

This Electronic Sites Access Agreement governs your use of this service to access the internet and other electronic sites (collectively, the “Electronic Sites”) as well as other services, applications, tools and utilities containing a link to this Electronic Sites Access Agreement (collectively, the "Service") and is by and between Loews Hotels, LLC and its affiliates that own, manage, operate and/or provide services to hotels managed by an affiliate of Loews Hotels, LLC (collectively, "Loews,” “we”, “us” and/or “our”) and you, on behalf of yourself and anyone for whom you are accessing the Service ("you"). By accessing, using, viewing, transmitting, caching, storing and/or otherwise utilizing the Service, the services or functions offered in or by the Service and/or the contents of the Service in any way, you have agreed to each and all of the terms and conditions set forth below, without limitation or qualification, and waive any right to claim ambiguity or error in this Electronic Sites Access Agreement. CERTAIN TERMS, INCLUDING BUT NOT LIMITED TO THE REQUIREMENT TO ARBITRATE DISPUTES AND THE WAIVER OF CLASS ACTION LAWSUITS PROVISION, MAY RESTRICT YOUR RIGHTS TO BRING A CLAIM IN A COURT OF LAW. If you do not agree to each and all of these terms and conditions please do not use the Service and leave the Service immediately. We reserve the right, at our sole and absolute discretion, to change, modify, add, or remove portions of these terms at any time without notice and, unless otherwise indicated, such changes will become effective immediately; therefore, please check these terms periodically for changes. Your continued use of the Service following the posting of changes to this Electronic Sites Access Agreement will mean you accept those changes.

The Service may provide you with content and services based on your location and/or information regarding your reservations or stays at Loews’ hotels, including providing you with directions to or within a Loews-managed hotel or resort, sending you special offers or offering you suggestions of hotel activities, services or promotions.

The Service may be provided by one or more third party service providers (collectively, “Service Providers”) in conjunction with us.

Please note that this Electronic Sites Access Agreement governs this Service as provided at all hotels owned or operated by us. By accepting this Electronic Sites Access Agreement, you agree that this Electronic Sites Access Agreement governs your access to and use of this Service at this hotel during any visit (including future visits) and using any electronic device, and your acceptance governs your access to and use of this Service at any other such hotel owned or operated by us during any visit (including future visits) and using any electronic device.

No Editorial Control

We do not review nor exercise any editorial control over the content or materials made available over the Electronic Sites by third parties, including without limitation any internet sites, chat, text, ftp, electronic mail transmissions, newsgroups, or any other electronic sites. However, We may remove, block, filter, or restrict by any other means any materials that, in our sole discretion, may be illegal, may subject us to liability, or may violate this Electronic Sites Access Agreement. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Any violation of this Electronic Sites Access Agreement may result in the suspension or termination of your access to this Service.

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 third party providers of such protections is publicly available on the internet. We do not endorse any of such products or services and do not make any representations or warranties regarding their effectiveness or compatibility with this Service.

Security

You expressly acknowledge and agree that there are significant security, privacy and confidentiality risks inherent in accessing or transmitting information through Electronic Sites, whether the connection to the Electronic Sites is facilitated through wired or wireless technology. These security issues range from interception of transmissions, loss of data, or the introduction of viruses or other programs that can damage your electronic computing device or network. ACCORDINGLY, YOU AGREE THAT NEITHER WE NOR THE SERVICE PROVIDERS SHALL BE LIABLE FOR ANY INTERCEPTION OF TRANSMISSIONS, LOSS OF DATA, FILE CORRUPTION, HACKING OR DAMAGE TO YOUR ELECTRONIC COMPUTING DEVICE OR NETWORK THAT RESULTS FROM THE TRANSMISSION OR DOWNLOAD OF INFORMATION OR MATERIALS THROUGH THIS SERVICE.

FOR THE PURPOSES OF YOUR OWN PROTECTION AND PRIVACY, YOU ARE ADVISED TO INSTALL A FIREWALL OR OTHER ELECTRONIC SECURITY MEASURES WHEN ACCESSING ANY ELECTRONIC SITES. LIKEWISE, PROTECTION FROM VIRUSES, WORMS, MALWARE, TROJAN HORSES, AND OTHER CODE WITH DESTRUCTIVE PROPERTIES IS YOUR SOLE RESPONSIBILITY. MORE INFORMATION ON HOW YOU CAN PROTECT YOURSELF IS PUBLICLY AVAILABLE ON THE INTERNET. Please note that we do not endorse any of such protective products or services and do not make any representations or warranties regarding their effectiveness or compatibility with this Service.

Additional Security Terms

We may record the room number of a user for billing purposes. A log of all usage activity relating to this Service is maintained, including for system performance and maintenance purposes and system security requirements. At some hotels, we may provide users the ability to print documents or web pages while using this Service. If so, the printer is a shared printer and we cannot ensure others may not see a document you print. We may disclose usage information without your permission when required by law, or when we believe that such action is necessary to investigate or protect against harmful activities to Loews and its guests, visitors, associates, or property (including this Service), or to others. If you have any privacy related questions or concerns, please the privacy statement included by reference at the beginning of this Electronic Sites Access Agreement, which includes contact information for us.

Automatic Authentication

To streamline your connection, you can register your electronic device Media Access Control (“MAC”) address. Registration may allow your device to auto-connect to the Service. By electing to register your device, you are granting us permission to use your device MAC address and information we have about you as needed to provide this Service. At subsequent connection events, you can request that your device be removed from our MAC registry (and you must remove your device from our MAC registry before selling or otherwise transferring your device). You represent and warrant that anyone who uses this Service through any of your registered electronic devices has received notice of this Electronic Sites Access Agreement and has agreed to be bound by them.

Restrictions on Use

You agree to not use this Service to: (a) transmit any material that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another’s privacy, racially, ethnically or otherwise objectionable; (b) harm, or attempt to harm, minors in any way; (c) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through this Service; (d) transmit any material that you do not have a right to make available under any law; (e) transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation; (g) transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (h) use this Service for excessively high volume data transfers.

Indemnification

You are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. You hereby indemnify, defend and hold us and our hotels and each of our and their operators and owners and their partners, subsidiaries, affiliates, franchisees, licensees, and each of such person's or entities' respective members, officers, directors, agents, contractors, subcontractors, guests, residents, visitors, licensees, invitees, permittees and employees (collectively, the "Indemnified Parties") harmless from and against any and all allegations, demands, claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including reasonable attorneys' fees) and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise ("Claims") arising out of or in any way connected with this Agreement, the services provided to you by the Service or any related act or failure to act by you and whether or not occasioned or contributed to by the negligence of Loews or any agent or employee of the Indemnified Parties or any of them (except as and to the extent prohibited by applicable law) or Claims arising from your account, including, without limitation, any Claims related to infringement by you of the intellectual property rights of any person, including without limitation, copyright, patent, trade secret, trade mark, artist rights, droit moral, privacy, publicity or rights under other intellectual property laws. In the event that any Claim is made or any action or proceeding is brought against the Indemnified Parties, or any of them, arising out of or connected with this Agreement, any such Indemnified Party may, by reasonable notice to you, require you, at your expense, to resist such Claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior written approval of such Indemnified Party, which approval shall be deemed to have been given hereby in the case of counsel acting for your insurance underwriters engaged in such resistance or defense. You shall cooperate with us in the defense of any Claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Disclaimers

ELECTRONIC TRANSMISSIONS, INCLUDING THE ELECTRONIC SITES, ARE PUBLIC MEDIA, AND ANY USE OF SUCH MEDIA IS PUBLIC AND NOT PRIVATE. INFORMATION RELATED TO OR ARISING FROM SUCH USE IS PUBLIC, OR THE PROPERTY OF THOSE COLLECTING INFORMATION, AND NOT PERSONAL OR PRIVATE INFORMATION.

YOU AGREE THAT YOU USE THE SERVICE AT YOUR OWN RISK. THE CONTENT, SERVICES AND MATERIALS IN THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS REGARDING THE ACCURACY, RELIABILITY, USEFULNESS OR COMPLETENESS OF THE SERVICES, CONTENT OR MATERIALS IN THE SERVICE OR ANY SERVICE LINKED TO IT. TO THE MAXIMUM EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS, AVAILABILITY, COMPATIBILITY OR ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE SERVICE OR THE SERVICES, CONTENT, MATERIALS OR FUNCTIONS CONTAINED IN THE SERVICE WILL BE CONTINUOUSLY AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, SERVICES, CONTENT, MATERIALS OR THE SERVERS THAT MAKE THE SERVICE OR SUCH SERVICES, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE ACCURATE OR COMPLETE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, CONTENT, MATERIALS OR FUNCTIONS AVAILABLE THROUGH THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. In the event we are held liable for any damages related to such matters, your sole and exclusive remedy will be limited to reimbursement for services paid by you to the entity held liable which were not provided by such entity. You hereby waive any and all rights to bring any claim or action related to such matters in any forum beyond one (1) year after the first occurrence of the kind of act, event, condition or omission upon which the claim or action is based.

We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on services that link to or from the Service. We cannot ensure that you will be satisfied with any services that you purchase from the Service or from a third-party service that links to or from the Service or third party content on the Service. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party services or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against the Indemnified Parties with respect to such services and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

The Indemnified Parties are not responsible for telephone, electric, electronic, network, Internet, computer, hardware or software program malfunctions, failures, delays or difficulties, or late, lost, stolen, illegible, incomplete, garbled, misdirected, mutilated or postage due mail, e-mail, form postings, connections, messages or entries, or the security of any and all such matters.

Further, the Indemnified Parties are not responsible for incorrect or inaccurate entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Service or by any technical or human error which may occur in the processing of any information related to the Service.

We may prohibit you from participating in or utilizing the Service if in our sole and absolute discretion you show a disregard for this Agreement or act in an inappropriate manner, with the intent to annoy, abuse, threaten, or harass any other person, or in any other disruptive manner. We also reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in our sole and absolute discretion.

If for any reason any portion of the Service is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of Loews which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Service, we reserve the right (but not the obligation) in our sole and absolute discretion, to prohibit you (and all of your information) from using the Service, and to cancel, terminate, modify or suspend the Service or any portion thereof and void such information.

You also agree that the Indemnified Parties are not responsible or liable in any way for injury, loss or damage to your computer or interception or use of credit card information, related to or resulting from use of the Service or any services, services or materials linked or related thereto or therefrom and also are not responsible or liable in any way for any injury, loss, claim or damage relating to or resulting from any part of the Service operating or not operating on computers or networks used by you or communicating with such computers or networks.

To the extent we list or link to third party services, our service acts as the venue for suppliers to sell services (or, as appropriate, solicit offers to buy) and buyers to purchase such services. We are not involved in the actual transaction between buyers and suppliers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of suppliers to sell items or the ability of buyers to buy items. We cannot ensure that a buyer or supplier will actually complete a transaction.
We do not control the information provided by other users which is made available through the Service. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Service. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense.

Although we intend that descriptions contained in the Service be current and accurate, we make no warranty or representation that descriptions in the Service are accurate, complete, current, or reliable in any or all respects.

ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711): WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SERVICE OR ANY ELECTRONIC SITE LINKED TO THE SERVICE. WE WILL NOT BE LIABLE FOR THE PRIVACY OF THE INFORMATION, E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT TRANSMITTED OVER NETWORKS ACCESSED BY THE SERVICE, OR OTHERWISE CONNECTED WITH YOUR USE OF THE SERVICE.

NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY US OR ANY OF THE INDEMNIFIED PARTIES WILL CREATE A WARRANTY OF ANY KIND AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. WE RESERVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION AND WITHOUT NOTICE, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SERVICE, OR TO DENY ACCESS TO THE SERVICE TO ANYONE AT ANY TIME. NEITHER WE NOR ANY OF THE INDEMNIFIED PARTIES, SHALL HAVE ANY LIABILITY ARISING FROM YOUR RELIANCE UPON THE INFORMATION PROVIDED ON THE SERVICE.

Search and directory services may be offered in connection with the Service. Because Electronic Sites change constantly, no search engine technology can possibly have all accessible services at any given time. Thus, we explicitly disclaim any responsibility for the content or availability of information contained in any search index or directory offered in connection with the Service.

The Service may contain technical inaccuracies or typographical errors or omissions in connection with information displayed on the Service, including without limitation rates, fees, or availability applicable to your transaction. Loews is not responsible for any typographical, photographic, technical or pricing (including without limitation mistaken hotel rates) errors listed on our Service. Loews reserves the right to make changes, corrections and/or improvements to the Service, and to the services and programs described in such information, at any time without notice, including after confirmation of a reservation.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY LOST PROFITS, COST OF COVER, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR THE SERVICES OR FUNCTIONS OF THE SERVICE OR ARISING OUT OF YOUR ACCESS TO, OR INABILITY TO ACCESS, THE SERVICE OR YOUR RELIANCE UPON THE SERVICE OR THE SERVICES, CONTENT OR MATERIALS IN, OR FUNCTIONS OF, THE SERVICE, PROVISION OF, OR FAILURE TO PROVIDE SERVICES, OR INFORMATION, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE). IN ADDITION, WE HAVE NO DUTY TO UPDATE THE SERVICE OR THE CONTENTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU SPECIFICALLY AGREE THAT NEITHER WE NOR THE SERVICE PROVIDERS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, TORTIOUS, OR ILLEGAL CONDUCT OF YOURS OR OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS, ARISING ON, FROM, OR IN CONNECTION WITH THIS SERVICE. YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN CONDUCT IN USING THIS SERVICE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE. IF YOU ARE DISSATISFIED WITH THE SERVICE OR ANY OF THE SERVICES OFFERED IN CONNECTION THEREWITH OR ASSOCIATED THEREWITH, AS THE CASE MAY BE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE SERVICE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE TERMS HEREOF.

Release

BY UTILIZING THE SERVICE, ALL USERS ACKNOWLEDGE AND AGREE THAT THE INDEMNIFIED PARTIES ARE RELEASED, DISCHARGED AND HELD HARMLESS FROM AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY LIABILITY WITH RESPECT TO ALL ASPECTS OF THE SERVICE (INCLUDING WITHOUT LIMITATION, ANY ILLNESS, LOSSES, LITIGATION, PERSONAL INJURY, DEATH, PROPERTY DAMAGE, AND CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, OR INVASION OF PRIVACY, REASONABLE ATTORNEYS' FEES AND COURT COSTS) THAT MAY OCCUR FROM USE OF THE SERVICE OR THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF INFORMATION, MATERIALS OR SERVICES RELATED THERETO OR ACQUIRED THEREFROM. WE RESERVE THE RIGHT AT ANY TIME AND WITHOUT LIABILITY TO RESTRICT OR REFUSE ACCESS TO THE SERVICE AND ITS SERVICES, CONTENT, MATERIALS AND FUNCTIONS TO ANYBODY. WE FURTHER RESERVE THE RIGHT TO SEEK ANY FORM OF RELIEF, INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES, RELATED TO FRAUDULENT OR ILLEGAL ACTIVITY CONNECTED WITH THE USE OF THE SERVICE.

You also on behalf of yourself, your predecessors, if applicable, and each of their present and former officers, employees, directors, shareholders, parents, subsidiaries, alter egos, affiliates, partners, agents, attorneys, accountants, heirs, executors, administrators, conservators, successors and assigns, as applicable, hereby fully and forever release and discharge the Indemnified Parties, from any and all claims, demands, liens, actions, agreements, suits, causes of action, obligations, controversies, debts, costs, attorneys' fees, expenses, damages, judgments, orders and liabilities of whatever kind or nature in law, equity or otherwise, whether now known or suspected which have existed or may have existed, or which do exist or which hereafter can, shall or may exist, based on any facts, events or omissions occurring from any time on or prior to the execution of this Electronic Sites Access Agreement which arise out of, concern, pertain or relate in any way to this Electronic Sites Access Agreement or the Service. You also acknowledge that there is a possibility that subsequent to the execution of this Electronic Sites Access Agreement, you will discover facts or incur or suffer claims which were unknown or unsuspected at the time this Electronic Sites Access Agreement was executed, and which if known by it at that time may have materially affected its decision to execute this Electronic Sites Access Agreement. You acknowledge and agree that by reason of this Electronic Sites Access Agreement, and the release contained in this section of this Electronic Sites Access Agreement, you are assuming any risk of such unknown facts and such unknown and unsuspected claims. You knowingly and voluntarily waive the provisions of any statute, law or rule limiting the release of unknown claims. In connection with such waiver and relinquishment, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true, with respect to the matters released herein. Nevertheless, it is your intention, through this Electronic Sites Access Agreement, and with the advice of counsel, fully and finally settle and release all such matters, and all claims relative thereto, which do now exist, may exist, or have existed between and among the parties hereto, including the Indemnified Parties. You hereby acknowledge that you have been advised by your legal counsel, understand and acknowledge the significance and consequence of this release and of this specific waiver of such laws.

Jurisdictional Issues

The services described in and available through the Service may not be available in your country. We make no representation that the services offered in the Service are appropriate or available for use in any particular location. Those who choose to access the Service do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If use of the Service and/or viewing or use of any material or content therein or services offered thereby violates or infringes any applicable law in your jurisdiction(s), you are not authorized to view or use the Service and must exit immediately. Your viewing and/or use of the Service constitutes your representation that you are unconditionally and without limitation permitted to view and use the Service and the Indemnified Parties may rely upon such representation. The Service is operated from the United States and it is possible that some Software from the Service may be subject to United States export controls. No Software from the Service may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country subject to a U.S. or U.N. embargo or sanction; or (ii) to anyone on the US Treasury Department's list of Specially Designated Nationals or anyone subject to the same or similar restrictions even if not listed or the US Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any of the above restricted lists or subject to such restrictions.

Access and Interference

You will not use any robot, spider, other automatic device, or manual process to monitor or copy the Service or the contents or information contained therein without our prior express written consent. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted through the Service. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for any information in which you have an ownership interest) from the Service without our prior express written consent or the appropriate third party.

The information you provide to us (i) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; and (ii) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.

No Agency

You and Loews are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Electronic Sites Access Agreement.

Termination

These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of the Service and destroying all materials obtained from any and all such services and all related documentation and all copies and installations thereof, whether made under the terms of this Electronic Sites Access Agreement or otherwise. Your access to the Service may be terminated immediately without notice from us if in our sole and absolute discretion you fail to comply with any term or provision of this Electronic Sites Access Agreement. Upon termination, you must cease use of the Service and destroy all materials obtained from such service and all copies thereof, whether made under the terms of this Electronic Sites Access Agreement or otherwise. Notwithstanding the termination of this Electronic Sites Access Agreement, you acknowledge and agree that those rights and obligations which by their nature are intended to survive the termination of this Electronic Sites Access Agreement in order to be fully operative, shall survive the termination of this Electronic Sites Access Agreement including, without limitation, the following provisions hereof: (i) Restrictions on Use of Materials; (ii) Submissions; (iii) Disclaimers; (iv) Indemnification; (v) Limitations on Liability; (vi) Release; (vii) Access and Interference; (viii) Notice and Procedure for Making Claims of Copyright Infringement; (ix) Forum; (x) No Agency; (xi) Compliance with Laws; (xii) Class Action, Collective Action, Representative Action, and Class-Wide Arbitration Waivers; (xiii) Arbitration; and (xiv) General Provisions.

CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, AND CLASS-WIDE ARBITRATION WAIVERS

YOU AND LOEWS AGREE THAT NEITHER PARTY MAY FILE OR COMMENCE A CLASS ACTION LAWSUIT, COLLECTIVE ACTION LAWSUIT, REPRESENTATIVE ACTION (WHEREBY A PARTY FILES OR COMMENCES A LAWSUIT IN A REPRESENTATIVE CAPACITY ON YOUR OR LOEWS’ BEHALF), OR CLASS-WIDE ARBITRATION AGAINST THE OTHER PARTY, OR PARTICIPATE IN ANY SUCH LAWSUIT, ACTION OR ARBITRATION AGAINST THE OTHER PARTY. YOU AND LOEWS SPECIFICALLY WAIVE ANY RIGHT EITHER MAY HAVE OR HAVE HAD TO FILE OR COMMENCE A CLASS ACTION LAWSUIT, COLLECTIVE ACTION LAWSUIT, REPRESENTATIVE ACTION, OR CLASS-WIDE ARBITRATION, OR PARTICIPATE IN ANY SUCH LAWSUIT, ACTION OR ARBITRATION AGAINST THE OTHER PARTY.

MANDATORY ARBITRATION EXCEPT FOR MATTERS RELATING TO Loews INTELLECTUAL PROPERTY

EXCEPT WITH RESPECT TO ANY CLAIM OR DISPUTE INVOLVING THE OWNERSHIP, VALIDITY OR USE OF ANY LOEWS’ PATENTS, TRADEMARKS OR SERVICE MARKS, AND EXCEPT AS AND TO THE EXTENT BOTH PARTIES AGREE OTHERWISE IN A WRITING EXPRESSLY INTENDED TO MODIFY THIS ELECTRONIC SITES ACCESS AGREEMENT, ANY DISPUTE ARISING OUT OF OR RELATED TO THIS ELECTRONIC SITES ACCESS AGREEMENT OR MATERIALS (INCLUDING ANY CLAIM THAT ANY PROVISION OF THIS ELECTRONIC SITES ACCESS AGREEMENT OR MATERIALS ARE INVALID, ILLEGAL, OR OTHERWISE VOIDABLE OR VOID), SHALL BE SUBMITTED FOR CONFIDENTIAL, BINDING, INDIVIDUAL ARBITRATION TO THE AMERICAN ARBITRATION ASSOCIATION (AAA). You and Loews waive any rights to maintain other available resolution processes for such disputes, such as a court action or administrative proceeding, to settle disputes. YOU AND LOEWS HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. The rules in arbitration are different from the rules that apply in court. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in the Agreement, as a court would.

Loews shall have the right in a proper case where it may suffer irreparable harm to move to obtain a temporary restraining order or temporary or preliminary injunctive relief and/or declaratory relief (other than declarations with respect to the amount of money damages) from a court of competent jurisdiction. You agree that the exclusive jurisdiction for any such action, or any action between you and Loews that is not covered by the terms of the arbitration provision in this Electronic Sites Access Agreement, shall be filed only in the United States District Court for the Southern District of New York or, if there is no federal jurisdiction over the action, in the courts of the State of New York located in the Borough of Manhattan. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action with Loews.

Any arbitration proceeding between you and Loews shall be heard by one independent arbitrator who shall be an attorney or retired judge. The arbitration shall be held in New York, New York and in accordance with the then-existing Commercial Arbitration Rules of the AAA. All matters within the scope of the Federal Arbitration Act (9 U.S.C. 1, et seq.) will be governed by it and not by any state arbitration law

Discovery during the arbitration proceeding shall be limited. Documents or information may not be requested from any period more than two years prior to the commencement of the arbitration unless both parties agree or permitted by the arbitrator for good cause shown. Interrogatories and requests for admissions shall not be permitted. The exchange of electronic discovery shall not be permitted. The parties shall be limited to 15 requests for production of documents. All documents will be provided in paper form. Each party may take no more than three depositions, including third-party depositions, each of which shall last no more than three hours. You and Loews may bring dispositive motions, including motions to dismiss the arbitration demand and summary award motions before the commencement of the hearing. If brought, the arbitrator shall decide these motions three weeks or more before the commencement of the arbitration hearing. Each party shall provide its expert reports to the other side 15 days or more before the commencement of the arbitration hearing.

The party who commences the arbitration will pay the initial arbitration fee. All other arbitration fees or costs, including the cost of the independent arbitrator, shall be split between you and Loews unless the arbitrator rules otherwise.

In reaching his or her decision, the arbitrator shall follow this Electronic Sites Access Agreement, including the Limitations of Liability provisions in this Electronic Sites Access Agreement, shall be bound to apply the applicable law and shall not rule inconsistently with the applicable law. The arbitrator shall include in his or her award any relief he or she deems proper in terms of money damages (with interest on unpaid amounts from the date due at the maximum rate allowed by law), and reasonable attorneys’ fees and costs. The arbitrator is not required to issue a reasoned decision. The award of the arbitrator shall be conclusive and binding upon all parties hereto and judgment upon the award may be entered in any court of competent jurisdiction.

Other than as may be required by law, the entire arbitration proceedings (including, but not limited to, any rulings, decisions or orders of the arbitrator), shall remain confidential and not be disclosed to anyone other than the parties to this Electronic Sites Access Agreement.

The foregoing waiver of a jury trial, waiver of litigation in court or other forums besides AAA arbitration, and other waivers outlined in the Class Action, Collective Action, Representative Action, and Class-Wide Arbitration Waivers section above and in this Mandatory Arbitration section shall not apply to the extent that applicable law in your country of residence requires application of another law and/or jurisdiction and cannot be excluded by contract.

GENERAL PROVISIONS

All notices and other communications permitted or required by the provisions of this Electronic Sites Access Agreement may be given by electronic mail, conventional mail or, if by Loews, by posting such notice on this Service. Notice is deemed given upon receipt by you if sent by electronic mail or conventional mail, or immediately upon posting to this Service.

You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Service.

This Electronic Sites Access Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. If any provision of this Electronic Sites Access Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Electronic Sites Access Agreement and shall not affect the validity and enforceability of any remaining provisions.

This Electronic Sites Access Agreement, including the Loews Privacy Policy posted at https://www.loewshotels.com/privacy-policy and policies and terms referenced therein, is the entire agreement between us relating to the subject matter herein and shall not be modified except as otherwise set forth herein.

If you access the Service through a mobile application or widget, use may also be subject to terms of download and/or use of that application or widget.

No waiver of any term, provision or condition of this Electronic Sites Access Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall any waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver of the terms of this Electronic Sites Access Agreement shall be binding unless executed in writing by the party making the waiver.

DIGITAL SIGNATURE PROVISIONS

You represent and warrant that you have the legal right, power and authority to agree to the terms of this Electronic Sites Access Agreement on behalf of yourself and and any persons you represent. You further agree that your use constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act ("E-Sign") and the Uniform Electronic Transactions Act ("UETA") (as enacted by the states) and that you have formed, executed, entered into, accepted the terms of and otherwise authenticated this Electronic Sites Access Agreement and acknowledged and agreed that this Electronic Sites Access Agreement is an electronic record for purposes of E-Sign, UETA and the Uniform Computer Information Transactions Act and as such is completely valid, has legal effect, is enforceable, and is binding on, and non-refutable by you and any persons on whose behalf you are acting.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent. Notification under Title 17, United States Code, Section 512(c)(3) must be submitted to the following Designated Agent:

• Service Provider(s): Loews Hotels, LLC
• Name of Agent Designated to Receive Notification of Claimed Infringement: Corporate Secretary
• Full Address of Designated Agent to Which Notification Should be Sent: Loews Hotels, 655 Madison Avenue, New York, NY 10065
• Telephone Number of Designated Agent: +1 (800) 235 - 6397
• Email Address of Designated Agent: privacy@loewshotels.com

Notification to the Designated Agent only applies to notices under Title 17, United States Code, Section 512(c)(3) and is not a substitute for legal service of process requirements where such service is required. To be effective, under Title 17, United States Code, Section 512(c)(3), the notification must be a written communication that includes the following:

• A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.