Terms of Use

We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and such changes will be effective immediately upon posting. Your continued access or use of the Website signifies your acceptance of the updated or modified Agreement. Unless otherwise indicated, any new material added to the Website will also be subject to the Agreement.

Additional terms, conditions, rules and restrictions may apply to services, promotions, reservations, purchases, transactions and other activities conducted on or through the Website. Failure to comply may result in consequences such as cancellation of reservations, and additional fees and penalties.

The Website is not intended to be used by persons under the age of 18 years old. If you are submitting information for a business entity, you represent that you have the authority to bind that business entity to the Agreement. We may, in our sole and absolute discretion, refuse to allow use of the Website or accept a person's or entity's information at any time for any reason.

The content and information on the Website (collectively, the “Content”), as well as the infrastructure used to provide such Content, is proprietary to us or third parties. Without prior written permission, you may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify our trademarks or other proprietary information in any way.

You are prohibited from the following actions:

Except for public domain material, the Website is protected by intellectual property laws, including U.S. copyright laws.

For permission requests, contact privacy@davidsonhotels.com.

By visiting the Website or sending electronic messages, you consent to receive communications from us electronically. All agreements, notices, disclosures and other communications provided electronically satisfy any legal requirement that such communications be in writing.

To exercise these rights, contact privacy@davidsonhotels.com. We are not responsible or liable for communication errors, failures, or malfunctions, or lost, stolen or misdirected transactions, transmissions, messages or entries.

By using Website features containing invoice and/or payment information, you certify that you represent each company whose data is shown to you and have been duly authorized by said companies.

By submitting any Content to the Website, you certify that you are the rightful owner or licensee and grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such submissions throughout the world in any media, and to use the name submitted in connection with such submission.

Submissions are non-confidential and non-proprietary. If you retain moral rights in submissions, you waive and agree not to claim any moral rights of an author in any submission. We reserve the right to remove, screen or edit without notice any Content posted or stored on the Website at any time and for any reason.

The following types of submissions are prohibited:

To submit a copyright infringement notice, please provide the following information to our designated DMCA agent:

Our Privacy Policy governs the use of information collected from or provided by you through the Website. With respect to any individual whose personal information is provided by you, you represent that you have obtained all necessary consents for the processing of such personal information, including the transfer of data to the United States or other countries.

To help maintain account security, you are responsible for the following:

We are not responsible or liable for damage of any kind as a result of any unauthorized access.

To the fullest extent permitted by law, in no event will we or our affiliates, agents, representatives or licensors be liable to you or anyone else for any loss or injury or any direct, indirect, incidental, consequential, special, punitive or similar damages (including, without limitation, lost profits, lost savings, lost data, business interruption or attorneys' fees) arising out of your access to or use of, or your inability to access or use, the Website, its features or content, or the hotel's services. This applies under any theory including warranty, contract, tort, or any other legal theory.

You agree that you use the Website at your own risk. The Website and all information, software, products, and services are provided “as is” without warranty of any kind, including freedom from viruses or other harmful components, merchantability, fitness for a particular purpose, title, and noninfringement.

You agree to defend, indemnify and hold harmless the hotel and its subsidiaries, affiliates, directors, officers, agents, representatives, licensors, owners, partners, investors, employees, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to: (1) your breach of this Agreement, (2) your violation of any law or the rights of a third party, or (3) your use of this Website.

You unconditionally release and forever discharge the hotel and its related parties from any and all complaints, claims, charges, damages, demands, suits, actions and causes of action arising out of or connected with your use of the Website.

The hotel may terminate or suspend your use or access to the Website at any time and for any or no reason, without prior notification. Upon termination, you must immediately discontinue use of the Website and destroy any copies made of any portion of submissions.

Accessing the Website after termination, suspension or discontinuation shall constitute an act of trespass. The hotel shall not be liable to you or any third party for any termination or suspension of access.

The Website may contain links to websites owned or controlled by parties other than the hotel. Such links are provided for reference and convenience only. We do not control such websites and are not responsible for their contents or privacy practices. It is up to you to take precautions to ensure that links you select or software you download is free of viruses, worms, Trojan horses, defects and other destructive items. Inclusion of links to such websites does not imply any endorsement of the material or any association with their operators.

All trademarks, trade names, logos, images, typefaces, graphics, service marks and trade dress displayed on the Website (the “Marks”) are the property of the hotel or its licensors, content providers or other third parties.

If you are aware of an infringement of either your brand or our brand, please see “How to Contact Us” below.

This Agreement is governed by the internal substantive laws of the State of Georgia, USA without regard to its conflict of laws principles. Any disputes arising hereunder are subject to the exclusive jurisdiction of the state and federal courts within DeKalb County, Georgia, USA. Claims must be brought within 2 years from the date on which the claim or action arose or accrued.

If any part of the Agreement is determined to be invalid or unenforceable, it will be deemed superseded by a valid, enforceable provision that most closely matches the original intent, and the remaining provisions shall continue in full force. The Agreement constitutes the entire agreement between you and the hotel with respect to the Website and supersedes all prior or contemporaneous communications and proposals.

The provisions of “Limitation of Liability,” “Disclaimer of Warranties,” and “Indemnification” are for the benefit of affiliates and Davidson Hotel Company LLC d/b/a Pivot Hotels & Resorts as third-party beneficiaries.