CosmopolitanLasVegas.com Website Terms of Use
Last updated on June 30, 2010
THESE COSMOPOLITANLASVEGAS.COM WEBSITE TERMS OF USE (THE “TERMS OF USE”) SET FORTH THE TERMS AND CONDITIONS OF YOUR RIGHT TO ACCESS AND USE THE COSMOPOLITANLASVEGAS.COM WEBSITE AND ALL CONTENT DISPLAYED THEREIN (THE “WEBSITE), INCLUDING THE CONTENT AND SERVICES PROVIDED BY THE COSMOPOLITAN OF LAS VEGAS (“THE COSMOPOLITAN” OR “WE”) VIA THE WEBSITE. PLEASE READ THESE TERMS OF USE CAREFULLY TO UNDERSTAND THE TERMS AND CONDITIONS GOVERNING YOUR USE OF THE WEBSITE, AND PLEASE ALSO READ OUR PRIVACY POLICY CAREFULLY TO UNDERSTAND WHAT WE DO WITH THE PERSONAL INFORMATION THAT WE COLLECT AS PART OF YOUR INTERACTION WITH THE WEBSITE. YOUR CONTINUED USE OF THIS WEBSITE CONSTITUTES AN AGREEMENT TO THESE TERMS OF USE. PLEASE NOTE THAT THESE TERMS OF USE MAY CHANGE FROM TIME TO TIME. PLEASE CHECK THE TERMS OF USE EACH TIME YOU VISIT THIS WEBSITE FOR THE MOST CURRENT VERSION.
IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS OF USE, IMMEDIATELY DISCONTINUE YOUR ACCESS TO AND USE OF THIS WEBSITE AND DO NOT RETURN. IN ADDITION, IF YOU ARE A PERSON YOUNGER THAN 21 YEARS OF AGE, YOU MUST IMMEDIATELY DISCONTINUE YOUR ACCESS TO AND USE OF THIS WEBSITE AND DO NOT RETURN TO THIS WEBSITE UNTIL YOU ARE 21 YEARS OF AGE. Any breach of these Terms of Use immediately terminates your right to access and use this Website and all rights and licenses granted to you by these Terms of Use.
These Terms of Use concern only this Website, and do not concern any other website, including websites to which this Website may link that may be owned or operated by third parties. When you access such hyperlinks on this Website you may leave the Website. Except as otherwise indicated, The Cosmopolitan does not sponsor, endorse or approve the contents of any such sites and accepts no responsibility for information provided on any such sites by independent providers. In this connection, please note that when you click on the "Search Jobs" button appearing on the Jobs Page of this Website, you will be redirected to https://www.hrapply.com, a website operated by First American Corporation.
These Terms of Use incorporate by reference the terms, conditions, and notices set forth on The Cosmopolitan’s “Room Reservation Terms & Conditions,” which terms, conditions, and notices may be found here.
In the future, we may change these Terms of Use; we will post changes on this URL and note the effective date so that you are always aware of the current Terms of Use that apply to your visit to this Website. These Terms of Use were last updated on June 30, 2010.
To the extent you have any questions about, or complaints concerning, these Terms of Use, please contact us at TermsofUse@CosmopolitanLasVegas.com.
A. Content
The content provided on this Website by The Cosmopolitan and its licensors or suppliers (collectively, the “Content”) is and remains at all times the property of The Cosmopolitan or such licensors or suppliers, with all rights other than those provided herein reserved. You acknowledge that The Cosmopolitan and, where applicable, its third party suppliers, retain all right, title and interest in and to the Website. Use of the Website does not confer any ownership rights in or to the Website. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without The Cosmopolitan’s prior written permission in each instance.
Provided that you are eligible to access and use the Website, you are granted a limited license to access and use the Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not upload or republish Content on any Internet, Intranet or Extranet website or incorporate the information contained within the Content in any other database or compilation, and any other use of the Content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods.
Any use of the Content other than as specifically authorized herein, without the prior written permission of The Cosmopolitan, is strictly prohibited and shall immediately terminate your right to access and use this Website and all rights and licenses granted to you by these Terms of Use. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes.
The information contained in the Website may contain technical inaccuracies or typographical errors or omissions. Advertised prices and available quantities are subject to change without notice. The Cosmopolitan reserves the right to make changes, corrections and/or improvements to the Website, and to the products and programs described in this Website, at any time without notice. The Cosmopolitan does not endorse or guaranty the content contained in any third party website. No guaranty or warranty is made by The Cosmopolitan as to the accuracy or reliability of information contained in the Website or as to the reasonableness of the assumptions or the accuracy of information, and you may not rely upon such information. The Cosmopolitan is not responsible for errors or omissions that may occur in respect of any information contained in the Website, and The Cosmopolitan is not required to update any such information. Accordingly, The Cosmopolitan gives no representation or warranty of reliability, completeness or accuracy of such information or endorsement of any information displayed or distributed through the Website. You acknowledge that any reliance upon any such information is at your sole risk, and that the Website is for informational purposes only.
B. Submissions
Please note that we do not accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested. Thus, you should not send us any unsolicited creative suggestions, ideas, notes, drawings, concepts, or other information. If you send us unsolicited creative suggestions, ideas, notes, drawings, concepts, or other information, all such submissions shall be and are hereby deemed non-confidential, and The Cosmopolitan shall not be and hereby is not liable for any use or disclosure of any such submissions. Without limitation of the foregoing, The Cosmopolitan shall be entitled to unrestricted use of any creative suggestions, ideas, notes, drawings, concepts, or other information for any purpose whatsoever, commercial or otherwise, without compensation to you or to any other person or entity.
C. Disclaimers
All or a portion of this Website may be temporarily unavailable from time to time for maintenance or other reasons. The Cosmopolitan assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, communications or Content. The Cosmopolitan is also not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to any person’s computer or other hardware or software, related to or resulting from using or downloading materials in connection with the internet and/or in connection with the Website. Under no circumstances will The Cosmopolitan be responsible for any loss or damage or personal injury or death, resulting from anyone's use of the Website.
THE INFORMATION ON THE WEBSITE IS PROVIDED TO YOU ON THE BASIS THAT IT IS INTENDED SOLELY FOR YOUR INTERNAL USE. THIS WEBSITE AND THE CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COSMOPOLITAN AND OUR AFFILIATES, LICENSORS, SUPPLIERS, AND EACH OF THEIR DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, EMPLOYEES, LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
THE COSMOPOLITAN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY SERVICES OR CONTENT THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, THE SERVER ON WHICH IT IS MADE AVAILABLE, OR ANY CONNECTED SYSTEM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN ADDITION, THE COSMOPOLITAN MAKES NO WARRANTY OR REPRESENTATION REGARDING OF CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THIS WEBSITE OR ANY WEBSITE LINKED TO THIS WEBSITE.
Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
D. Limitation of Liability
USE OF THE WEBSITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING, USE OF, OR ACCESS TO CONTENT, FILES, INFORMATION, OR OTHER MATERIALS ON OR THROUGH THE WEBSITE.
NEITHER THE COSMOPOLITAN NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, AND EACH OF THEIR DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, EMPLOYEES, LICENSORS, AND SUPPLIERS, ARE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND WHATSOEVER ARISING AS A RESULT OF (1) INFORMATION OR CONTENT EXPRESSLY OR IMPLIEDLY PUBLISHED ON THE WEBSITE, OR (2) ANY ERRORS IN OR OMISSIONS FROM THE WEBSITE, OR (3) INTERCEPTION OR USE OF CREDIT CARD INFORMATION OR OTHER PERSONALLY IDENTIFIABLE INFORMATION, IN EACH CASE NOTWITHSTANDING ANY NEGLIGENCE, DEFAULT OR LACK OF CARE BY THE COSMOPOLITAN OR ITS SUPPLIERS, OR THAT SUCH LOSS OR DAMAGE WAS FORESEEABLE.
NEITHER THE COSMOPOLITAN NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, AND EACH OF THEIR DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, EMPLOYEES, LICENSORS, AND SUPPLIERS, ARE RESPONSIBLE OR LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY LEGAL THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THIS WEBSITE AND/OR ANY LINKED WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE OR CONTENT OR ANY LINKED WEBSITE OR SERVICES PROVIDED VIA THIS WEBSITE IS TO STOP USING THIS WEBSITE, THE CONTENT, LINKED WEBSITE, OR SERVICES, AS APPLICABLE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
E. Indemnification
You agree to indemnify and hold The Cosmopolitan, its affiliates, its licensors, its suppliers, and each of their directors, officers, agents, contractors, partners, employees, licensors, and suppliers harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with your use of the Website, your conduct in connection with the Website, or any violation of these Terms of Use or of any law or the rights of any third party.
F. Governing Law; Consent to Jurisdiction
These Terms of Use shall be governed by and construed under and pursuant to the laws of the State of Nevada applicable to contracts made and to be performed entirely within such State without regard to Nevada's conflicts of laws principles. Any and all litigation concerning any dispute arising under or in connection with these Terms of Use shall be filed and maintained only in a state or federal court located in Clark County, Nevada and you consent to the jurisdiction of the State of Nevada for purposes of litigation concerning these Terms of Use.
G. Termination
Either The Cosmopolitan or you may terminate your access to the Website for any reason and at any time with or without prior notice. Upon termination, any rights and licenses granted to you hereunder shall immediately terminate and you agree to no longer access, or attempt to access, the Website. Any access and use of the Website by you following termination shall be deemed to be subject to these Terms of Use. Termination will be without prejudice to any rights accrued or obligations incurred by either party to the other.
H. Miscellaneous
If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
These Terms of Use and CosmopolitanLasVegas.com Website Privacy Policy represent the entire agreement between us relating to your right to access and use this Website, and supersede any and all prior or written or oral agreements between us with respect to such subject matter.
No waiver by The Cosmopolitan of any breach or default by you under these Terms of Use shall be deemed to be a waiver of any preceding or subsequent breach or default.
No provision of these Terms of Use provides any person or entity not a party to these Terms of Use with any remedy, claim, liability, reimbursement, or cause of action, or creates any other third party beneficiary rights.
I. RESERVATIONS
Room Reservations are not accepted until confirmed by confirmation number.
All room reservations and transactions are made and consummated in the State of Nevada. Room reservations and transactions and these Room Reservation Terms and Conditions shall be governed by the laws of the State of Nevada, without giving effect to any principles of conflicts of law.
The Cosmopolitan reserves the right to cancel or modify a room reservation (including after the room reservation has been confirmed) if the room reservation includes or resulted from a mistake or error of any kind, including but not limited to, a mistake or error in the rate, resort or room type or where it appears that a guest has engaged in fraudulent or misleading activity in making the room reservation.
Reservations are not transferable, and reservation name changes are not permitted.
Adjacent rooms, connecting rooms or specific room location and types of rooms or bedding are on a "request basis only" and are subject to availability at the time of check-in. These requests for specific room type or location may result in additional charges to be paid directly to the hotel.
If you would like to request facilities for guests with disabilities, please call 1-888-551-7772.
J. RATES
All room rates are in US dollars. Room rates are guaranteed as long as your reservation is not changed.
K. DEPOSIT
At the time of booking, your credit card will be charged a deposit in an amount equal to the first night of room plus applicable tax at the time of booking. Final payment is due upon arrival.
For incidental charging to the room, upon arrival a $150 per day credit card deposit will be taken in addition to your entire room and tax for the stay.
L. CANCELLATION POLICY
In order to receive a full refund of your deposit, notification of cancellation must be received at least 72 hours prior to arrival date to avoid penalty of the first night of room and tax charges. The cancellation and refund policy is subject to change.
M. CHECK-IN/CHECK-OUT TIME
Check-In time is 3:00pm and Check-Out time is 11:00am.
N. ADDITIONAL PERSON CHARGES
Maximum occupancy is four persons per room. Additional nightly fee of $30 per person applies for adults over two. 18 years and older is considered adult.
The Cosmopolitan of Las Vegas Room Reservations Contact Information:
1-877-551-7772