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Terms of Use

Effective date: April 9, 2025

IMPORTANT NOTICE: PLEASE READ THESE TERMS OF SERVICE CAREFULLY – THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, AND INCLUDE WAIVERS OF RIGHTS AND LIMITATIONS OF LIABILITY. THEY ALSO REQUIRE DISPUTES BETWEEN YOU AND US TO BE RESOLVED THROUGH BINDING, INDIVIDUAL ARBITRATION AND TO WAIVE ANY RIGHT TO A JURY TRIAL, CLASS, OR COLLECTIVE ACTIONS OR PROCEEDINGS, AND ANY OTHER COURT PROCEEDINGS OF ANY KIND, SUBJECT TO LIMITED EXCEPTIONS. UNLESS YOU OPT OUT IN ACCORDANCE WITH THE OPT-OUT PROCEDURES DESCRIBED BELOW, YOU WILL BE BOUND BY THESE TERMS. THE FULL TERMS OF THE ARBITRATION AGREEMENT ARE BELOW.

1. Introduction and Overview.

These Terms of Use (“Terms”) set forth a legally binding agreement between you and Alta Loma, LLC (“Sunset Marquis”, “us”, “we” or “our”) , and govern your use of  any online service location that posts a link to these Terms, including sunsetmarquis.com, and all features, content and other services that we own, control and make available through such online service location (collectively, the “Sites”).

When using particular services or features of the Sites, including making an online reservation to stay in one of our rooms, both these Terms and a separate contract (“Additional Terms’) may apply to your use of that service or feature of the Sites. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS AND OUR PRIVACY POLICY, DISCONTINUE USE OF THE SITES. YOU AGREE TO THESE TERMS AND OUR PRIVACY POLICY, BY ACCESSING OR USING ANY OF THE SITES.

 

If you are using any of the Sites on behalf of a business or legal entity (such as your employer) (an “Entity”), you represent and warrant that you have the legal right and authority to (a) enter into these Terms on behalf of the Entity, (b) grant the rights and licenses described in these Terms on behalf of the Entity, and (c) bind the Entity to these Terms. You acknowledge and agree that these Terms will operate as an agreement between Sunset Marquis and the Entity; and that references to you in these Terms shall refer to the Entity and its affiliates. If you do not have such legal right and authority on behalf of the Entity, you may not use the Sites.

2. Ownership of Materials on the Sites

The Sites include all materials that comprise or are otherwise a part of the Sites, including, without limitation: graphics; layout; text; instructions; images; graphs; charts; databases; articles; posts; files; trademarks; trade names; trade dress; logos, service marks; software (including HTML-based programs); audio; animations; videos; designs; technology; applications; scripts; interactive features; artwork; information; data; reports; designs; compilations; advertising copy; domain names; any and all copyrightable material (including source and object code); the “look and feel” of the Sites; the compilation, assembly and arrangement of the materials of the Sites; and all other materials related to the Sites (collectively, “Materials”).

The Materials are owned by or licensed to Sunset Marquis and are protected by U.S. and international copyright, trademark, trade dress, patent, and/or other laws, rules, regulations and treaties. Except as expressly set forth in these Terms or expressly granted to you in writing by Sunset Marquis, no rights in the Materials (whether by implication, estoppel or otherwise) are granted to you. You acknowledge that you do not acquire any ownership rights in the Materials by using the Sites. You may only use the Materials as expressly set forth in these Terms.

UNAUTHORIZED USE, COPYING, REPRODUCTION, STORING, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING, REMOVAL OR ALTERATION OF ADVERTISING OR ANY OTHER MISUSE OF ANY OF THE MATERIALS IS STRICTLY PROHIBITED.

3. Limited License

Users under the age of eighteen (18) or the age of majority in their jurisdiction are not permitted to use the Sites.

Subject to your strict compliance with these Terms and any Additional Terms, we hereby grant you a limited, personal, non-exclusive, non-transferable, non-assignable, revocable license to access our Sites and view the Materials (excluding source and object code, other than as made available to access and use via standard web browsers to enable display on your device) (the “License”). You may not reproduce, duplicate, copy, sell, resell or commercially exploit for any purposes, any portion of, use of, or access to the Sites.  When you access or view the Materials, you must: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the Materials; and (c) not allow or assist any third party (whether or not for your benefit) to copy or adapt any object code associated with the Sites or reverse engineer, modify or attempt to discover any source code associated with the Sites. In the event you fail to comply with these Terms, we may terminate the License without notice and you will no longer be permitted to use the Sites.

You agree to abide by any and all notices, information, or restrictions contained in any part of the Sites. Any and all rights to use the Sites that are not expressly granted to you under these Terms are reserved for Sunset Marquis or its licensors. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Nothing contained in these Terms will affect, impair, or limit in any way Sunset Marquis’s rights to exploit fully any or all of the Materials.  Unauthorized use of Materials may be a violation of federal and state laws and could result in civil and criminal liability.

4. Accounts

In order to use certain services or features of the Sites, you may be required to register an account with Sunset Marquis.  In consideration of your use of the Sites, you agree to: (a) provide true, accurate, current and complete information;(b) maintain and promptly update such information to keep it true, accurate, current and complete; (c) protect and prevent unauthorized access to your account; and (d) not transfer or share your account with any third party; and immediately notify us of any suspected or actual unauthorized use of your account or breach of security. If you create an account with us, you agree to be solely personally responsible for any activities that occur under your account and the confidentiality of password, and you agree not to sell or otherwise transfer your membership or any membership rights. To use the services or the Sites on behalf of a person, an organization, or an entity, you need to be an authorized representative of that person, organization, or entity, and you hereby agree to these Terms on their behalf. Sunset Marquis reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Sites, including, without limitation, those governing your transmission or use of any software or data.

5. Prohibited Conduct

You agree that you will not, including by use of any robot, scraper, or other data mining technology (a) process, frame, mask, extract data or other materials from, copy or distribute content from the Sites (except as may be a result of standard search engine or Internet browser usage); (b) copy, reproduce, republish, modify, create derivative works of, upload, download, perform, display, post, transmit, distribute or otherwise use content from the Sites in any way, without the prior written permission of a duly authorized Sunset Marquis employee; (c) use the Sites or Materials for any political purpose; (d) engage in any activity in connection with the Sites or Materials that is unlawful, harmful, offensive, sexually explicit, obscene, violent, threatening, harassing, abusive, falsely representative of your persona, invasive of someone else’s privacy, or otherwise objectionable to Sunset Marquis; (e) violate or interfere with the security of the Sites, attempt to gain unauthorized access to the Sites, data, Materials, information, computer systems or networks connected to any server associated with the Sites; (f) take or attempt any action that, in the sole discretion of Sunset Marquis, imposes or may impose an unreasonable or disproportionately large load or burden on the Sites; (g) use the Sites or Materials in a manner that suggests an unauthorized association or is beyond the scope of the limited license granted to you; (h) enter any data or content found on the Sites into a machine learning or artificial intelligence system, or use any data or content found on the Site to create, train, or improve machine learning or artificial intelligence models; or (i) otherwise violate these Terms or any applicable Additional Terms. 

You agree to comply with all local, state, federal, national, foreign, supranational, and international laws, statutes, ordinances, regulations, treaties, directives, and agreements that apply to your use of the Sites and Materials. 

6. Submissions

When you submit any unsolicited ideas, feedback, opinions, techniques, images, sounds, videos, or other content to us through or relating to the service (“Submissions”), you grant us a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable and cost-free right and license to host, store, use, display, reproduce, modify, adapt, edit, combine with other materials, publish, distribute, create derivative works from, promote, exhibit, broadcast, syndicate, sublicense (including, without limitation, to third party media channels, platforms, and distributors), publicly perform, publicly display, and otherwise use and exploit in any manner whatsoever, or grant third parties the right to do any of the foregoing, all or any portion of your Submissions, for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. You further irrevocably grant us the right, but not the obligation, to use your name in connection with your Submissions. You also agree to waive any right of approval for our use of the rights granted herein and agree to waive any moral rights that you may have in any Submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights in a manner that interferes with any exercise of the granted rights.

You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. Our receipt of your Submissions is not an admission of their novelty, priority, or originality, and it does not impair our right to existing or future intellectual property rights relating to your Submissions. You waive any and all rights and claims in connection with our consideration, use, or development of any product, content, or other materials similar or identical to your Submission now or in the future.

You represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to grant us the rights granted in this Section. You alone, though, retain whatever legally cognizable right, title, and interest that you have in your Submission and remain responsible for them.

7. Additional Hotel Terms; Cancellation

In most instances, the cancellation policy for Sunset Marquis is: “By 4pm, 48 hours prior to arrival.” However, many packages and group bookings have Additional Terms regarding cancellation based on your length of stay, number of room nights, and other factors, including but not limited to: number of rooms (for group bookings), and the time of year, etc. Where applicable, Additional Terms may apply to your booking and stay.  For certain dates and package deals, including advanced bookings made 21 days or less in advance, and bookings during high-demand periods, cancellation is not available once the booking is made.  For specific policies you should consult any Additional Terms that relate to your individual reservation prior to booking. 

8. Copyright Infringement

A. DMCA Notification.

Sunset Marquis responds to copyright notifications submitted under the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”). To submit a notice of claimed copyright infringement under U.S. law, provide our designated agent with the following written information:

  • A physical or electronic signature of the copyright owner or a person authorized to act on his or her behalf;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the infringing material and information reasonably sufficient to permit us to locate that material;
  • Your contact information, including your address, telephone number, and an e-mail address;
  • A statement that you have a good faith belief that the use of the material in the manner asserted 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 you are authorized to act on behalf of the copyright owner.

Our designated agent is:

DMCA Agent
Sunset Marquis
5300 Melrose Avenue – 4th Fl.
West Office Bldg.,
Hollywood, CA 90038
Phone: (310) 899-8900
Email: DMCAInfo@SunsetMarquis.com

You can obtain further information from the Copyright Office’s online directory at www.dmca.copyright.gov/osp.

We will respond to notifications of claimed copyright infringement in accordance with the DMCA.

B. Counter Notification.

If you believe that your material has been removed in error in response to a copyright notification, you may submit a counter notification to our designated agent with the following written information:

  • A physical or electronic signature;
  • Identification 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 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 name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which Sunset Marquis may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

 

We will respond to counter notifications in accordance with the DMCA.

9. Links to Third Party Content and Technology Integrations

The Sites may contain links to websites and online services that are owned or operated by third parties. We do not control any of these third-party websites, online services, or any of their content. The inclusion of any link does not imply endorsement by Sunset Marquis or any association with its operators, or guarantee that the content contains accurate information or secure technology integrations. Accordingly, you understand and agree that we are not responsible for your use of these third-party websites or online services, and that your use of such services is subject to the terms of use and privacy policies by such third parties.

10. Jurisdictional Issues

The Sites are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Sunset Marquis to any registration requirement within such jurisdiction or country. Sunset Marquis controls and operates the Sites from offices located in the U.S. and makes no representations or warranties that the information, products or services contained on the Sites are appropriate for use or access in other locations. Anyone using or accessing the Sites from other locations does so on their own initiative and is responsible for compliance with U.S. laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Sites or any portion of the Sites, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.

Software related to or made available by the Sites may be subject to export controls of the U.S. and, except as authorized by law, you agree and warrant not to export or re-export the software to any country, or to any person or entity subject to U.S. export controls or sanctions.

11. Linking Policy.

Sunset Marquis grants you the revocable permission to link to the Sites; provided, however, that any link to the Sites: (a) must not present false information about, disparage, damage, dilute or tarnish the goodwill associated with Sunset Marquis or its products or services, any Sunset Marquis property or any other intellectual property; (b) must not create the false appearance that your web site or organization is sponsored, endorsed by, affiliated or associated with Sunset Marquis; (c) must not frame or create a browser or border environment around any of the content on the Sites or otherwise mirror any part of the Sites; (d) must not use any Sunset Marquis trademarks without the prior written permission from Sunset Marquis; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Sunset Marquis’s sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. You agree that you will not link to the Sites from any source that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise inappropriate (in Sunset Marquis’s sole discretion). By linking to the Sites, you agree that you do and will continue to comply with the above linking requirements.

Notwithstanding anything to the contrary contained in these Terms, Sunset Marquis reserves the right to prohibit linking to the Sites for any reason in our sole and absolute discretion.

Mobile Features

The Sites may offer features and services that are available to you via your mobile device, such as the ability to view the Sites or access features of the Sites, receive text messages from Sunset Marquis (collectively, the “Mobile Features”). By using the Sites, you agree Sunset Marquis may collect information related to your use of the Mobile Features as described in our Privacy Policy, and may change, alter, or modify the settings or configurations on your device in order to optimize your use of the Sites.

If you sign up to receive transactional or promotional text messages, you acknowledge and agree that we may send such messages using an auto-dialer or prerecorded voice to the number you provide. You also acknowledge and agree that you are not required to receive our text messages as a condition of purchasing any property, goods, or services. At any time, you may unsubscribe by replying “STOP” or receive more information by texting “HELP.” You understand that you may receive a text message confirming any opt-out by you and agree that the Mobile Features for which you are registered may send communications to your mobile device regarding Sunset Marquis, the Sites or a product or service such as a reservation or booking you made. Standard messaging, data and other fees may be charged by your carrier. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.

13. Disclaimers

WE MAKE NO REPRESENTATIONS AS TO THE ACCURACY, QUALITY, TIMELINESS, AVAILABILITY, OR COMPLETENESS OF THE INFORMATION, SITES, CONTENT OR MATERIALS AVAILABLE ON THE SITES, AND YOU SHOULD NOT RELY UPON THEM. WE PROVIDE THE SITES (INCLUDING, WITHOUT LIMITATION, ALL MATERIALS, PRODUCTS, MOBILE FEATURES, THIRD PARTY CONTENT, SERVICES, AND OTHER MATERIALS AND FUNCTIONALITY CONTAINED ON AND/OR OBTAINED THROUGH THE SITES) ON AN “AS IS,” “WITH ALL FAULTS,” AS AVAILABLE AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU USE THE SITES AT YOUR OWN RISK, AND THE SUNSET MARQUIS AND THE SUNSET MARQUIS’ PREDECESSORS IN INTEREST, SUCCESSORS, AND ASSIGNS, AS WELL AS ITS RESPECTIVE PAST, PRESENT, AND FUTURE PARENTS, SUBSIDIARIES, AND AFFILIATES (TOGETHER, THE “SUNSET MARQUIS PARTIES”) ARE NOT LIABLE FOR ANY ERRORS OR OMISSIONS IN ITS CONTENT OR DELIVERY, OR FOR ANY FORM OF LOSS OR DAMAGE (INCLUDING, WITHOUT LIMITATION, ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, EVEN IF KNOWN TO US) THAT MAY RESULT FROM THEIR USE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SUNSET MARQUIS PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, FREEDOM FROM COMPUTER VIRUS, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NO WARRANTY NOT SET FORTH IN THESE TERMS WILL BE VALID. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER GOVERNING LAW, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE FOREGOING, THE SUNSET MARQUIS PARTIES DO NOT WARRANT THAT YOUR USE OF THE SITES WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITES (OR THE SERVER(S) THAT MAKE THE SITES AVAILABLE) ARE FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL INTERNET ACCESS SERVICES, DEVICE HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITES, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF ANY SUNSET MARQUIS PARTY, WHETHER MADE ON THE SITES OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

YOU UNDERSTAND THAT BY USING THE SITES (OR ANY OF THEIR FEATURES OR FUNCTIONALITY), YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN THE JURISDICTION WHERE YOU ACCESS OR USE THE SITES.

THE SUNSET MARQUIS PARTIES SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, DEATH, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST BUSINESS, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) BASED UPON OR RESULTING FROM ANY OPINION, ADVICE, INFORMATION, STATEMENT OR OTHER CONTENT MADE OR DISPLAYED ON THE SITES BY THIRD PARTIES (INCLUDING, WITHOUT LIMITATION, ANY USER OF THE SITES).ALTHOUGH WE ATTEMPT TO ENSURE THE INTEGRITY OF THE SITES, THE SUNSET MARQUIS PARTIES MAKE NO GUARANTEES AS TO COMPLETENESS OR CORRECTNESS OF THE SITES.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NONE OF THE SUNSET MARQUIS PARTIES ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, ECONOMIC, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY, DIRECTLY OR INDIRECTLY, TO: (A) THE SITES (INCLUDING, WITHOUT LIMITATION, ALL MATERIALS, INFORMATION, LINKS, MESSAGES, PRODUCTS, WIDGETS, MOBILE FEATURES, THIRD PARTY INTERACTIONS, SERVICES, AND OTHER MATERIALS AND FUNCTIONALITY CONTAINED ON AND/OR OBTAINED THROUGH THE SITES); (B) YOUR USE OF, OR INABILITY TO USE, OR THE PERFORMANCE OF THE SITES; (C) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE SUNSET MARQUIS PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITES; (D) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (E) ANY ERRORS OR OMISSIONS IN TECHNICAL OPERATION OF THE SITES; OR (F) ANY DAMAGE TO ANY USER’S DEVICE, HARDWARE, DEVICE SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE SUNSET MARQUIS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE SITES). WITHOUT LIMITING THE FOREGOING, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE SUNSET MARQUIS PARTIES WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITES.  IN NO EVENT WILL THE SUNSET MARQUIS PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE SITES IS TO STOP USING THE SITES, AND THE SOLE AND EXCLUSIVE MAXIMUM AGGREGATE LIABILITY TO THE SUNSET MARQUIS PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL BE THE GREATER OF ONE HUNDRED  DOLLARS ($100) OR THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITES.

SUNSET MARQUIS SHALL BE EXCUSED FROM PERFORMANCE UNDER THESE TERMS TO THE EXTENT SUNSET MARQUIS IS PREVENTED FROM OR DELAYED FROM PERFORMING, IN WHOLE OR IN PART, AS A RESULT OF AN EVENT OR SERIES OF EVENTS CAUSED BY OR RESULTING FROM (1) WEATHER CONDITIONS OR OTHER ELEMENTS OF NATURE OR ACTS OF GOD, (2) ACTS OF WAR, TERRORISM, INSURRECTION, RIOTS, CIVIL DISORDERS, OR REBELLION, (3) QUARANTINES OR EMBARGOES, (4) LABOR STRIKES, OR (5) OTHER CAUSES BEYOND THE REASONABLE CONTROL OF SUNSET MARQUIS.

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF SUNSET MARQUIS’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE SITES OR ANY OF THE SUNSET MARQUIS PARTIES’ WEB SITES, PROPERTY, PRODUCTS, SERVICES, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE SUNSET MARQUIS PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE SITES OR ANY OTHER OF THE SUNSET MARQUIS PARTIES’ WEB SITES, PROPERTY, PRODUCTS, SERVICES, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE SUNSET MARQUIS PARTIES.
BY ACCESSING THE SITES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

15. Indemnification

You will defend, indemnify and hold  the Sunset Marquis Parties harmless from and against any and all claims, disputes, demands, damages, losses, investigations, liabilities, judgments, settlements, costs (including reasonable attorneys’ fees), or other expenses that directly or indirectly arise from or are otherwise directly or indirectly connected to (a) your breach or violation or anticipatory breach or violation of these Terms; (b) your misuse of any of the Sites or unauthorized activities in connection with any of the Sites (including without limitation, with respect to third party content); (c) your Content; (d) your violation of any law, rule,  regulation, code, statute, ordinance or order of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) the Sunset Marquis Parties’ use of your information as permitted under these Terms, the Privacy Policy, or any applicable Additional Terms between you and any of the Sunset Marquis Parties. You will cooperate as fully required by the Sunset Marquis Parties in the defense of any claim. Sunset Marquis reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of Sunset Marquis. This Section will survive the termination of these Terms.

16. Injunctive Relief

Your breach of these Terms may result in immediate and irreparable harm to us, for which there may be no adequate remedy at law, and, therefore, you agree that we shall be entitled to equitable relief to compel you to cease and desist all unauthorized use, evaluation and/or disclosure of information obtained through the Sites, which is in addition to any other remedies available at law or in equity.

17. Governing Law, Disputes and Arbitration

Last Updated: April 9, 2025

PLEASE READ THIS SECTION (THE “ARBITRATION AGREEMENT”) CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH INDIVIDUAL ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. THIS SECTION ALSO CONTAINS A JURY TRIAL WAIVER AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, REPRESENTATIVE, OR CONSOLIDATED ACTION IN ARBITRATION OR LITIGATION TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. UNLESS YOU OPT OUT IN ACCORDANCE WITH THE OPT-OUT PROCEDURES DESCRIBED BELOW, YOU WILL BE BOUND BY THIS ARBITRATION AGREEMENT.

Definitions

“ADR Services” means ADR Services, Inc., www.adrservices.com.

“ADR Services Batching Procedure” means for the ADR Services to (i) administer Disputes in at least 20 batches, with the discretion to create additional batches if ADR Services finds that they are necessary to facilitate the efficient resolution of demands; and (ii) apply a single initial filing fee and administrative fee per batch for each side with respect to the fees set forth in ADR Services’ then-current Mass Consumer Non-Employment Arbitration Fee Schedule.

“ADR Services Rules” means ADR Services rules and procedures then in effect.

“Dispute” means any dispute, claim, or controversy between you and the Sunset Marquis Parties, including but not limited to disputes, claims, or controversies related to or arising from the Sites, or these Terms or Other Terms, including, without limitation, those relating to the formation, breach, termination, enforcement, interpretation, validity, scope, or applicability of the Terms, Other Terms, and the Arbitration Agreement included herein .

“NAM” means National Arbitration and Mediation ( www.namadr.com ).

“NAM Rules” means NAM’s Comprehensive Dispute Resolution Rules and Procedures and, as applicable, Mass Filing Supplemental Dispute Resolution Rules and Procedures, then in effect.

“Notice of Dispute” or “Notice” means a notice of Dispute from you to any Sunset Marquis Party.

“Notice Address” means 5300 Melrose Avenue 4th Fl. West Office Bldg., Hollywood, CA, 90038 and/or notice@sunsetmarquis.com, to which a Notice of Dispute from you to Sunset Marquis must be sent.

A. Mandatory Individual Arbitration

Any Dispute, whether such Dispute arose before, on, or subsequent to you entering these Terms, and if not resolved through the informal dispute resolution procedure set forth in subsection B below, shall be exclusively resolved by individual, binding arbitration in accordance with this Arbitration Agreement. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any Dispute that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are unconscionable or illusory, in whole or in part, and any defense to arbitration, including waiver, delay, laches, or estoppel.

Notwithstanding the foregoing and the Class Action/Jury Trial Waiver below, you and the Sunset Marquis Parties each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other IP rights. Any legal action by Sunset Marquis Parties against a non-consumer or its interactions with governmental and regulatory authorities shall not be subject to arbitration. Either party may also elect to have Disputes heard in small claims court seeking only individualized relief, so long as the action is not removed or appealed to a court of general jurisdiction.

To the fullest extent permissible by applicable law, all Disputes against Sunset Marquis Parties, including but not limited to Disputes arising out of or relating in any way to the Sites or the Terms, must be filed within one year after such Disputes or cause of action arose or it will be forever barred.

If any Dispute is determined not to be subject to arbitration or resolution in small claims court, the exclusive jurisdiction and venue for proceedings concerning such Dispute shall be the federal or state courts of competent jurisdiction in Los Angeles, California.  Any Dispute and these Terms shall be governed by and construed in accordance with the substantive and procedural laws of the state of California, without regard to choice or conflict of law principles.

If any court or arbitrator determines that this Arbitration Agreement is void or unenforceable for any reason as to Disputes arising before the date of posting of this Arbitration Agreement, then you may still be bound to previous versions of this Arbitration Agreement by reason of your separate agreement to those previous versions.

If you or the Sunset Marquis Parties files or causes to be filed in court (other than small claims court) a complaint alleging a Dispute that is subject to arbitration under this Arbitration Agreement, the defendant/respondent will notify the party or the party’s attorney (if an attorney has entered an appearance) of the existence of this Arbitration Agreement, and request that the complaint be withdrawn. If the party does not withdraw the action within 10 calendar days of service of that notice, and the defendant/respondent successfully moves to compel arbitration of the Dispute, the defendant/respondent shall be entitled to its costs and fees (including reasonable attorneys’ fees) incurred in seeking to enforce this Arbitration Agreement.

B. Class Action / Jury Trial Waiver

You and the Sunset Marquis Parties agree that, to the fullest extent permitted by law, each party is waiving the right to a trial by jury or to participate as a plaintiff, claimant, or class member in any class, collective, private attorney general, representative, or consolidated proceeding (other than the permitted Mass Filing Procedures). This means that you and the Sunset Marquis Parties may not bring a Dispute on behalf of a class or group and may not bring a Dispute on behalf of any other person unless doing so as a parent, guardian, or ward of a minor or in another similar capacity for an individual who cannot otherwise bring their own individual Dispute. This also means that you and the Sunset Marquis Parties may not participate in any class, collective, private attorney general, representative, or consolidated proceeding (other than the permitted Mass Filing Procedures) brought by any third party.

Unless both you and the Sunset Marquis Parties agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, representative, or consolidated proceeding (other than the permitted Mass Filing Procedures). Notwithstanding the foregoing, you or the Sunset Marquis Parties may participate in a class-wide settlement.

C. Opt-Out Procedures

To opt out of this Arbitration Agreement, you must send us a written notice (“Opt-Out Notice”) by email at arbitrationoptout@sunsetmarquis.com or by mail to Sunset Marquis Arbitration Opt Out, 5300 Melrose Avenue 4th Fl. West Office Bldg., Hollywood, CA, 90038, Attn: General Counsel, Sunset Marquis no later than 30 days after you first agreed to this Arbitration Agreement (“Opt-Out Period”). The Opt-Out Notice must contain your full legal name, your complete mailing and email address and phone number, a clear statement that you wish to opt out of this Arbitration Agreement, and your signature. If your Opt-Out Period has passed, you are not eligible to opt out of this Arbitration Agreement, and you will be bound to the terms and conditions of this Arbitration Agreement. 

If you opt out of this Arbitration Agreement, all other provisions of the Terms will continue to apply to you. Additionally, if you opt out of this Arbitration Agreement, you may still be bound to previous versions of this Arbitration Agreement or other arbitration agreements by reason of your separate agreement to them. In other words, opting out of this Arbitration Agreement shall have no effect on any previous arbitration agreements you entered into with the Sunset Marquis Parties. If you timely provide the Sunset Marquis Parties with a valid Opt-Out Notice, and you are not bound to any previous or other arbitration agreements with the Sunset Marquis Parties, all Disputes between you and the Sunset Marquis Parties shall be subject to the exclusive jurisdiction of, and you consent to venue in, the state and federal courts located in Los Angeles, California, and all Disputes shall be interpreted, governed, and enforced in accordance with substantive and procedural law of the State of California, without regard to choice or conflict of law principles.

If the Sunset Marquis Parties make any future changes to this Arbitration Agreement (other than a change to the Notice Address or other non-material changes), the Sunset Marquis Parties will provide you with notice (to the extent we have your contact information). You may reject any such change by sending an email to the Sunset Marquis Parties at arbitrationoptout@sunsetmarquis.com or by mail to Sunset Marquis Arbitration Opt Out, 5300 Melrose Avenue 4th Fl. West Office Bldg., Hollywood, CA, 90038, Attn: General Counsel, Sunset Marquis within 30 days of the posting of the amended arbitration agreement that provides: (i) your full legal name, (ii) your complete mailing address, (iii) your phone number, (iv) the change(s) you are rejecting, (v) and, if applicable, the username or email address associated with any purchase from the Sunset Marquis Parties. This is not an opt out of arbitration altogether.  Your continued use of the Sites after this 30-day period constitutes acknowledgment of, and agreement to, the changes to the Arbitration Agreement.

D. Rules and Governing Law

Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures: You and we agree that good-faith, informal efforts to resolve disputes often can result in a prompt, cost-effective and mutually beneficial outcome. Therefore, in the event of a Dispute, you and the Sunset Marquis Parties each agree to send the other party a written Notice of Dispute. A Notice of Dispute from you to the Sunset Marquis Parties must be emailed to the Notice Address. Any Notice of Dispute must include (i) the claimant’s full legal name, complete mailing address, and email address; (ii) a description of the nature and basis of the Dispute; (iii) any relevant facts regarding claimant’s use of the Sites, including whether claimant receives any emails associated with the Sites, whether claimant has made a purchase from the Sunset Marquis Parties, and if so, the date(s) of the purchase(s); and (iv) a personally signed statement from the claimant (and not their counsel) verifying the accuracy of the contents of the Notice. The Notice must be individualized, meaning it can concern only your dispute and no other person’s dispute. The Sunset Marquis Parties will send any Notice of Dispute to you at the email address or mailing address it has for you, if any.

After receipt of a Notice of Dispute, the parties shall engage in a good faith effort to resolve the Dispute for a period of 60 days (which can be extended by agreement). You and we agree that, after receipt of the Notice of Dispute, the recipient may request an individualized telephone or video settlement conference (which can be held after the 60-day period) and both parties will attend (with counsel, if represented). You and we agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually-convenient time and to seek to reach a resolution.

Compliance with this Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures subsection is a condition precedent to initiating arbitration. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution procedures set forth in this subsection. All of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures are essential so that you and the Sunset Marquis Parties have a meaningful opportunity to resolve disputes informally. If any aspect of these requirements has not been met, the parties agree that a court of competent jurisdiction may enjoin the filing or stay the prosecution of an arbitration. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with these Procedures in arbitration.

If the parties cannot resolve the Dispute through the Informal Dispute Resolution Procedures above, you and the Sunset Marquis Parties each agree that all Disputes shall be resolved exclusively through final and binding individual arbitration, rather than in court. The parties may agree to waive hearings and resolve Disputes through submission of documents. Any arbitration hearing will be conducted remotely by telephone or video conference to the extent possible, but if the arbitrator determines, or the parties agree, that a hearing should be conducted in person, the arbitration hearing will take place as close to your residence as practicable, or another agreed upon locale, and shall be before one arbitrator.

All Disputes shall be submitted to NAM, for arbitration before one arbitrator. The arbitration will be administered by NAM in accordance with the NAM Rules, except as modified by this Arbitration Agreement. A party who desires to initiate arbitration must provide the other party with a written demand for arbitration as specified in the NAM Rules. A form for initiating arbitration proceedings is available on NAM’s website at www.namadr.com/resources/rules-fees-forms/ . You and we agree that the party initiating arbitration must submit a certification that they have complied with and completed the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures requirements referenced above, and that they are a party to the Arbitration Agreement enclosed with or attached to the demand for arbitration. The demand for arbitration and certification must be personally signed by the party initiating arbitration (and their counsel, if represented). The parties agree that submission of the certification shall be required for the Dispute to be deemed properly filed. For additional information on how to commence an arbitration proceeding, you can contact NAM at customerservice@namadr.com .    

If NAM notifies the parties in writing that it is not available to arbitrate any Dispute, or if NAM is otherwise unable to arbitrate any Dispute, that Dispute shall be submitted to ADR Services, Inc. (“ADR Services”) for final and binding individual arbitration before one arbitrator. The arbitration will be administered by ADR Services in accordance with the ADR Services rules and procedures then in effect (the “ADR Services Rules”), except as modified by this Arbitration Agreement.

Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the FAA, will govern its interpretation and enforcement and any proceedings under it. It is the intent of the parties that the FAA and the NAM Rules or ADR Services Rules (as applicable) shall preempt all state laws to the fullest extent permitted by law. If the FAA and the NAM Rules or ADR Services Rules (as applicable) are found to not apply to any issue that arises under this Arbitration Agreement, then that issue shall be interpreted, governed, and enforced in accordance with substantive and procedural law of the State of [ADD], without regard to choice or conflict of law principles.

At the conclusion of the arbitration proceeding, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. An arbitrator’s award that has been fully satisfied shall not be entered in any court.

As in court, you and the Sunset Marquis Parties agree that any counsel representing a party in arbitration certifies when initiating and proceeding in arbitration that they are complying with the requirements of Federal Rule of Civil Procedure 11(b) and any applicable state laws of similar import, including certification that the Dispute or relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose any sanctions under the NAM Rules or ADR Services Rules (as applicable), Federal Rule of Civil Procedure 11, or applicable federal or state law, against all appropriate represented parties and counsel.

Except as expressly provided in the Arbitration Agreement, the arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorneys’ fees and costs, in accordance with applicable law.

Mass Filing Procedures:  If NAM determines that 25 or more substantially similar arbitration demands presented by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, cooperating law firms, or organization are allowed to be submitted for arbitration, NAM’s mass filing fee structure shall apply and the parties agree that the arbitrations will proceed in accordance with the batching process as follows: (i) NAM shall administer the arbitration demands in batches of at least 25 demands for arbitration, with the discretion to create additional batches if NAM finds that they are necessary to facilitate the efficient resolution of demands; (ii) NAM shall provide for the concurrent resolution of each batch as a single consolidated arbitration with one procedural calendar and one hearing (if any) and one final award; and (iii) following such determination of a mass filing, NAM shall apply a single set of admin and panel prep fees per batch in accordance with NAM’s fee schedule. All parties agree that arbitrations are of a “substantially similar nature” for purposes of these Mass Filing Procedures if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief.

If there are 20 or more substantially similar Disputes that are allowed to be submitted for arbitration but cannot be arbitrated by NAM, and are presented to ADR Services by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, cooperating law firms, or organization, ADR Services shall administer those Disputes concurrently in accordance with the ADR Services Rules, except as modified by this Arbitration Agreement, and in accordance with the Mass Filing Procedures set forth above (except that batches may be of at least 20 demands for arbitration).  ADR Services shall apply a single initial filing fee and administrative fee per batch for each side with respect to the fees set forth in ADR Services’ then-current Mass Consumer Non-Employment Arbitration Fee Schedule.

The Sunset Marquis Parties reserve all rights and defenses as to each and any Dispute, Demand for Arbitration, and claimant. These Mass Filing Procedures shall in no way be interpreted as authorizing class arbitrations of any kind.

Arbitrator’s Fees: You and we agree that arbitration should be cost-effective for all parties and that any party may engage with NAM, ADR Services (as applicable), and/or the arbitrator to address the apportionment of the arbitrator’s fees.

Confidentiality: The parties agree that the arbitrator is authorized to issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal to the furthest extent permitted by law.

Requirement of Individualized Relief: The parties agree that, to the fullest extent permitted by law, the arbitrator is authorized, upon either party’s request, to award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Dispute.

E. Severability & Survival

If any provision of this Arbitration Agreement, or a portion thereof, is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The remainder of this Arbitration Agreement shall continue to be enforceable and valid according to the terms contained herein. Notwithstanding the foregoing, if any court or arbitrator determines that the Class Action/Jury Trial Waiver set forth in this Arbitration Agreement is void or unenforceable for any reason, or that your Dispute can proceed on a class, collective, representative, or consolidated basis (other than the Mass Filing Procedures), then, after the exhaustion of all appeals of that determination, you and the Sunset Marquis Parties shall be deemed not to have agreed to arbitrate Disputes, and your Dispute must be litigated in a federal or state court of competent jurisdiction in Los Angeles, California, and shall be interpreted, governed, and enforced in accordance with substantive and procedural law of the State and governed by California law, without regard to choice or conflict of law principles. In addition, if the Mass Filing Procedures apply to your Dispute, and any court or arbitrator determines that the Mass Filing Procedures are void or unenforceable for any reason, then, after the exhaustion of all appeals of that determination, you and the Sunset Marquis Parties shall be deemed not to have agreed to arbitrate that Dispute, and it must be litigated in a federal or state court of competent jurisdiction in Los Angeles, California, and shall be interpreted, governed, and enforced in accordance with substantive and procedural law of the State and governed by California law, without regard to choice or conflict of law principles.

This Arbitration Agreement shall survive termination of these Terms. Except as provided in subsections A and C above, the terms and conditions of this Arbitration Agreement shall supersede and replace any and all previous arbitration and class action/jury waiver agreements you may have entered into with the Sunset Marquis Parties.

18. No Waiver; Severability; Interpretation

A waiver of any breach of any provision of the Terms shall not be deemed to be a waiver of any repetition of such breach or in any manner affect any other terms or conditions of the Terms. We do not waive any rights by the failure to enforce these Terms in every instance in which they might apply.  In the event that any provision of the Terms is held to be unlawful, void, or for any reason unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that is the closest to the intention underlying the unenforceable provision. Any heading, caption or paragraph title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof. You agree that these Terms will not be construed against Sunset Marquis by virtue of having drafted these Terms.

19. Assignability

We may assign our rights and delegate our duties under the Terms either in whole or in part at any time without notice. You may not assign, sublicense or otherwise transfer your rights or obligations, in whole or in part, under the Terms to anyone else without our prior written consent.

20. Relationship

This Agreement does not establish any relationship of partnership, joint venture, employment, franchise or agency between you and us.

21. Termination

Sunset Marquis reserves the right, without notice or liability and at its sole discretion, to suspend or terminate these Terms and/or your ability to access or use the Sites (or any portion of the Sites), and to block or prevent future access to and use of the Sites for any reason, including, without limitation, your breach of these Terms or other conduct by you that Sunset Marquis considers inappropriate. Sunset Marquis reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites with or without notice. You agree that no Sunset Marquis Party shall be liable to you or to any third party for any modification, suspension or discontinuation of the Sites. You acknowledge and agree that termination, suspension, or cancellation of these Terms or your access to the Sites will not affect any right or relief to which Sunset Marquis may be entitled, at law or in equity, nor shall they affect any obligation you have to Sunset Marquis, including but not limited to the payment of fees.
Upon termination of these Terms, all rights granted to you will automatically terminate and immediately revert to Sunset Marquis and its licensors. Upon termination of your access to the Sites, or upon demand by Sunset Marquis, you must destroy all content of the Sites which you possess and all related documentation including immediately discontinuing the use of any links to the Sites. Any provisions of these Terms, which, by their terms, ought to survive, shall survive any termination of these Terms.

22. Entire Agreement

You acknowledge and agree that these Terms and any applicable Additional Terms constitute the complete and exclusive agreement between you and Sunset Marquis concerning your access to and use of the Sites, and supersede and govern all prior proposals, agreements, or other communications, whether oral or in writing, with respect to the Sites. Neither party has relied on any statement or representation not set forth in these Terms and any applicable Additional Terms. You represent, warrant, and covenant that your access to and use of the Sites will comply with these Terms.

23. Updates and Changes to these Terms

We may add to, change, update or modify these Terms at any time, without prior notice, by posting such updates on the Sites. You agree that we may notify you of the updated Terms by posting them on the Sites and your continued use of the Sites constitutes your agreement to the updated Terms. Any such change, update or modification will be effective immediately upon posting on the Sites or such later date as may be specified in the updated Terms, and will apply to your use of the Sites from that point forward.

24. Contact Us

 

If you have any comments or questions regarding these Terms, or if you wish to report any violations of these Terms, you may contact us via sunsetmarquis.com/west-hollywood-hotel-contact/.