Skip to main content
Reservations
Reservations

Terms of Use

Last updated October 27, 2026

These Website Terms of Use (“Terms”) govern your direct or indirect access to or other use of www.11clubhotels.com, including its subdomains and any related webpages, mobile-enabled pages, features, content, forms, communications, and services made available thereon or through the same (collectively, the “Site”), which is owned and/or operated by GR OPCO, LLC, a Florida limited liability company (collectively, “Hotel,” “our,” “us,” or “we”).

By accessing, browsing, submitting information through, or otherwise using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Site.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. THESE TERMS INCLUDE AN AGREEMENT TO ARBITRATE DISPUTES AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS, MASS, COLLECTIVE, OR REPRESENTATIVE ACTION, AS SET OUT IN MORE DETAIL IN THE SECTION TITLED “DISPUTE RESOLUTION” BELOW.

Eligibility; Use of Site

The Site is intended only for individuals who are able to form legally binding contracts under applicable law. By using the Site, you represent and warrant that you are at least the age of majority in your jurisdiction of residence and otherwise legally competent to enter into these Terms. You must be at least twenty-one (21) years of age to reserve a guest room and to check in at the E11EVEN Club Hotel & Residences property located at 20 NE 11th Street, Miami, Florida (the “Property”).

Notwithstanding the foregoing, certain portions of the Site, certain offerings promoted on the Site, and access to certain Hotel venues, amenities, or events may be subject to stricter age requirements, including 21+ restrictions, valid government-issued identification requirements, and other entry conditions. Accessing the Site or holding a reservation does not guarantee eligibility for access to any Hotel venue, amenity, or event, or for the purchase of age-restricted goods or services.

If you are using the Site on behalf of a company or other legal entity, you represent and warrant that you have authority to bind such entity to these Terms, and “you” will refer to both you and such entity.

Changes to These Terms and the Site

We may change these Terms at any time, and all such changes are effective immediately upon publication to the Site with a revised “Last updated” date. You should view these Terms often to stay informed of changes that may affect you. Your use of the Site constitutes your continuing agreement to be bound by these Terms, as they are amended from time to time.

We may modify, suspend, discontinue, or restrict all or any portion of the Site, or any content, feature, functionality, offering, or service made available through the Site, at any time and for any reason, with or without notice, and without liability to you.

Privacy Policy

Your use of the Site is subject to our Privacy Policy, which is incorporated into these Terms by reference and which describes our practices related to personal information we collect through the Site, including as relates to marketing communications, cookies and similar technologies, third-party integrations, and call and chat recording. By using the Site, you acknowledge that you have reviewed the Privacy Policy.

Additional Terms

Certain features, offers, rates, packages, promotions, events, reservations, spa or Dayclub bookings, sweepstakes, contests, text message programs, or other services made available through or in connection with the Site may be subject to additional terms, conditions, policies, or rules, including rate rules, deposit and cancellation policies, Hotel policies presented at booking or check-in, and the terms of third-party providers (collectively, “Additional Terms”). In the event of a conflict between these Terms and any Additional Terms applicable to a particular product, service, or feature, the Additional Terms will control solely with respect to that product, service, or feature, unless expressly stated otherwise.

Intellectual Property

The Site may contain (a) materials and other items relating to Hotel and Hotel’s services, including information, text, data, information, databases, instructions, articles, scripts, designs, graphics, layout, files, images, illustrations, photographs, sound recordings, audio and visual clips, advertising copy, URLs, technology, software, opportunities, features, and the “look and feel” of the Site; (b) logos, service marks, trademarks, trade names, trade dress, and trade identities of various parties, including those of Hotel; and (c) other forms of intellectual property (all such materials, and any compilation, collection, or arrangement thereof, collectively the “Content”).

You understand and agree that we or our affiliates own, or (where applicable) we have lawfully licensed from third parties, all right, title, and interest in and to the Site and all of the Content therein. You acknowledge and agree that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by using the Site or the Content. Any rights not expressly granted herein are hereby reserved.

By disclosing or offering any information to us, including comments, reviews, testimonials, social posts, tags, photos, videos, event details, computer files, documents, graphics, suggestions, ideas, feedback, or other information (each, a “Submission”), you authorize Hotel to make such copies thereof as we deem necessary. By making a Submission, you automatically grant, and you represent and warrant that you have the right to grant, to Hotel and its affiliates an irrevocable, perpetual, non-exclusive, transferable, fully paid, royalty-free, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Submission for any purpose (commercial, advertising, publicity, or otherwise) in any media now known or later developed, including on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Submission, and to grant and authorize sublicenses of the foregoing, without notice, compensation, or approval by you. By making a Submission, you represent that you have all requisite rights to, and are authorized to disclose, all of the information contained in the Submission, that your Submission is accurate and not misleading, and that your Submission, and our use thereof as permitted herein, will not violate any law or infringe, misappropriate, or otherwise violate any rights of any person or entity. You are fully responsible for any Submission you make and for the legality, reliability, appropriateness, and originality thereof. We are under no obligation to use, maintain, or return any Submission and may remove or decline to post any Submission in our sole discretion.

Limited License

Hotel grants you a limited, non-exclusive, revocable, non-commercial, non-assignable, personal, non-sublicensable, and non-transferrable license to display, view, or use the Site and its Content solely for your non-commercial use, subject to your compliance with these Terms. The foregoing limited license does not give you any ownership of, or any other intellectual property rights in, any Content. Except as expressly permitted in these Terms, you may not copy, reproduce, republish, upload, post, transmit, distribute, modify, create derivative works from, publicly display, publicly perform, sell, license, scrape, frame, mirror, reverse engineer, decompile, disassemble, or otherwise exploit any part of the Site or Content without our prior written consent. Any other use of the Site or the Content constitutes a violation of these Terms and may violate applicable copyright, trademark, or other laws.

Trademarks

The trademarks, logos, service marks, trade names, and trade dress displayed on the Site, including E11EVEN, E11EVEN CLUB HOTEL & RESIDENCES, and related branding, are owned by Hotel or its affiliates or licensed to Hotel. Nothing on the Site grants you any right or license to use any such marks without prior written permission from the applicable owner.

Acceptable Use and Site Access

In connection with your use of the Site, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct. Specifically, in connection with your use of the Site, you agree that you will not:

  • Use the Site or Content for any unlawful purpose in violation of local, state, national, or international laws or any third-party right.
  • Engage in fraud, impersonation, identity theft, phishing, or other deceptive or unlawful conduct.
  • Submit false, inaccurate, or misleading information, or make any speculative, false, or fraudulent reservation.
  • Attempt to disable, hack, or otherwise interfere with the proper functioning of the Site or any connected systems, networks, or servers.
  • Access, copy, or otherwise use any portion of the Site or of the Content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms, or harvest, data mine, cache, or monitor any portion of the Site or Content by automated means, without our prior written consent.
  • Use bots, scripts, automation, or any unfair means to search for, reserve, hold, acquire, or attempt to acquire guest rooms, reservations, cabanas, tables, packages, promotional codes, gift cards, or any limited-availability offerings.
  • Remove or modify any copyright notice, trademark legend, author attribution, or other notice placed on or contained within any of the Content.
  • Reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Site or the Content or use of the Site or the Content, except as expressly authorized by Hotel in writing.
  • Use the Site or Content for commercial resale, competitive analysis, model training, or any unauthorized business purpose.
  • Reproduce, frame, mirror, deep-link to, or create a misleading association with the Site or Content.
  • Use the Site to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, spyware, ransomware, corrupted data, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
  • Attempt to bypass or circumvent our security or data scraping prevention technologies, protocols, access controls, rate limits, CAPTCHAs, or any other measures Hotel may use to prevent or restrict use of the Site, whether or not you use the Site directly or indirectly, such as through the use of automated technologies.
  • Impose an unreasonably or disproportionately large load on the Site or otherwise interfere with or inhibit any other user of the Site from using or enjoying the Site.
  • Use the Site to engage in any activity that is unlawful, fraudulent, libelous, defamatory, obscene, pornographic, sexually explicit, profane, threatening, harmful, violent, abusive, hateful, discriminatory, offensive, harassing, or otherwise objectionable to Hotel.
  • Use the Site to post or transmit any information which is invasive of another’s privacy or publicity rights or that otherwise violates or infringes in any way upon the rights of others, including intellectual property rights or the rights of any third party.
  • Collect, store, or use personal information of other users, except as expressly permitted by law and these Terms.
  • Impersonate another individual.
  • Use the Site to post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or other unsolicited commercial communication.
  • Use the Site or Content in a manner that suggests an unauthorized association with Hotel or any other party, or is beyond the scope of the limited license granted to you.
  • Use the Site in any manner that, in our sole judgment, is harmful to Hotel, the Site, users, vendors, partners, or the public.
  • Attempt any actions that otherwise violate these Terms.

You represent and agree that all information that you provide to us in connection with your use of the Site is true, accurate, and complete to the best of your knowledge and belief and that you have obtained all appropriate authorization before submitting any information about another person.

You represent that you are not an individual, or a national, resident, or government official of any country or other jurisdiction, which the United States government has published on a prohibited or restricted persons list.

Hotel reserves the right, in its sole discretion, to terminate your access to all or part of the Site, or to cancel any transaction made through the Site, without notice or liability, for any reason, including, but not limited to the breach of any agreement between you and Hotel, including, without limitation, these Terms. Following any such termination of access, you will continue to be bound hereunder to the fullest extent applicable. We reserve the right to investigate violations of these Terms, to take any action we deem appropriate, including pursuing civil remedies, and to work with law enforcement authorities and other related government entities with respect to your use of the Site.

Accounts; Confidentiality

Certain features of the Site may permit or require you to create an account, submit contact information, make or manage reservations, join mailing or text lists, access a portal, or otherwise provide information to us. You agree that all information you provide through the Site will be true, current, complete, and accurate, and that you will promptly update such information as necessary.

You are responsible for maintaining the confidentiality of any information about you, including any account credentials and any information in connection with your use of the Site, and for all activities occurring under your account or using your credentials. You agree to notify Hotel immediately if you discover loss or access to such information by another party not under your control and supervision. Hotel will not be liable for any loss or damage arising from the unauthorized use of your information.

We reserve the right, in our sole discretion, to suspend, restrict, or terminate any account or deny access to the Site or any feature thereof at any time and for any reason or for no reason at all, including where we believe that information provided is inaccurate, misleading, incomplete, fraudulent, or otherwise violates these Terms or applicable law. If that happens, you may no longer use the Site, but you will still be bound by your obligations under these Terms. You agree that we will not be liable to you or any third party for termination of your access to the Site.

Reservations; Payments; Pricing; Errors

Reservations made through the Site are subject to availability and to the rate rules, deposit, guarantee, and cancellation policies presented at the time of booking, and may be processed by third-party booking and payment providers on our behalf.

Pricing, fees, charges, deposits, package details, taxes, and other amounts displayed on the Site or through linked third-party services may change at any time without notice until your reservation is confirmed. Displayed rates at time of payment include all mandatory fees charged by the Hotel; taxes and other government-imposed charges, and any optional charges you select, will be disclosed before you are asked to pay. We reserve the right to correct any errors, inaccuracies, or omissions relating to pricing, descriptions, availability, or other information, and to cancel, reject, or refuse any request, reservation, order, or transaction affected by such error, whether before or after submission or confirmation, in which case we will refund any amounts paid for it.

Where payment is processed by a third-party provider, Hotel is not responsible for payment processing errors, card issuer decisions, chargebacks, or related disputes except to the extent required by applicable law.

Hotel Information; No Guarantee of Availability or Admission

Descriptions, photographs, and renderings of the Property, its guest rooms, residences, restaurants, bars, Dayclub, spa, and other amenities may be preliminary and are subject to change. Dates, times, hours of operation, programming, menus, packages, pricing, amenities, promotions, and availability displayed on the Site are subject to change at any time, with or without notice.

Hotel does not guarantee that any event, promotion, reservation, amenity, or offering described on the Site will occur as advertised or remain available. Events may be canceled, postponed, rescheduled, modified, or discontinued. A reservation or booking, or confirmation of the same by a third-party provider, does not guarantee admission to any particular Hotel venue or event. Admission to and continued presence at Hotel venues remain subject to Hotel policies and procedures, including capacity limitations, dress code, security screening, age verification, health and safety protocols, behavioral standards, management discretion, and compliance with applicable law.

We reserve the right to refuse accommodations or service to, deny admission to, or remove from the premises any person at any time and for any lawful reason, including where such person appears intoxicated, disruptive, underage, fraudulent, non-compliant with Hotel policies, or otherwise presents a safety, operational, or reputational concern, as permitted by applicable law, including Chapter 509, Florida Statutes.

Residences

Information on the Site regarding the Residences is not an offer to sell, or a solicitation of an offer to buy, a Residence where prohibited by law. ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING THE REPRESENTATIONS OF THE DEVELOPER. FOR CORRECT REPRESENTATIONS, MAKE REFERENCE TO THIS BROCHURE AND TO THE DOCUMENTS REQUIRED BY SECTION 718.503, FLORIDA STATUTES, TO BE FURNISHED BY A DEVELOPER TO A BUYER OR LESSEE.

Promotions

We may make information regarding specific programs, offers, or promotions available on the Site. Any such program, offer, or promotion is subject to the specific terms, conditions, and restrictions in connection with such program, offer, or promotion. We reserve the right to alter or withdraw any program, offer, or promotion at any time. Please refer to and read carefully the terms, conditions, and restrictions included on the Site in connection with each program, offer, or promotion.

Promotional Communications; SMS; Email

By submitting your contact information through the Site, you consent to receive communications from us as described in our Privacy Policy and any applicable consent language presented at the point of collection, including administrative messages, confirmations, reminders, updates, and, where you have consented as required by law, promotional emails and text messages.

You acknowledge that message and data rates may apply for text messages, and that consent to receive promotional text messages is not a condition of purchase. You may opt out of marketing emails by using the unsubscribe mechanism contained in such messages and may opt out of marketing texts by replying “STOP” or by any other reasonable means, subject to applicable program instructions.

Call and Chat Recording

Calls with the Hotel may be monitored and recorded, and chats on the Site may be recorded and retained by us and our vendors. By continuing a call after notice of recording, or by using a chat feature on the Site, you consent to such recording.

Social Media; Photos; Publicity-Related Content

The Site may display or link to content from social media or encourage users to tag, share, submit, or repost content involving the Hotel, its venues, events, or brands. If you submit content to us, tag us, respond to a repost request, or otherwise authorize our use of your content, you agree that such content may be used by Hotel and its affiliates in accordance with the Submission provisions of these Terms.

In addition, your stay at the Property or attendance at events promoted through the Site may result in your image, likeness, voice, name, statements, or other identifying characteristics being captured in photographs, video, audio, livestreams, security footage, or promotional materials. Your rights and our practices in that regard may be addressed in separate Hotel or event terms, release language, posted notices, or our Privacy Policy, and nothing in these Terms limits any rights you grant or acknowledgments you make in such separate materials.

Reservation Platforms and Other Third-Party Services

The Site may contain links to or integrations with third-party platforms and providers, including without limitation booking, reservation, payment processing, analytics, social media, residence portal, career, and marketing platforms. Without limitation, reservations made through the Site may redirect you to a third-party booking platform designated by us from time to time.

The Site may also contain links to other websites operated by Hotel’s affiliates. Transactions conducted on such other websites, and access and use of such websites, are governed by the terms and conditions and policies applicable to that site.

You acknowledge and agree that: (a) your reservations, purchases, or other transactions through a third-party platform are subject to that third party’s terms, conditions, policies, fees, fulfillment practices, refund rules, privacy practices, and dispute procedures; (b) Hotel is not responsible for the operation, availability, content, security, pricing, fees, transaction processing, fulfillment, cancellations, refunds, chargebacks, or performance of any third-party platform or provider; (c) links to third-party websites or services are provided solely as a convenience and do not constitute endorsement by Hotel; and (d) your dealings with any third-party provider are solely between you and such third party, except to the extent expressly stated otherwise by Hotel in writing.

To the fullest extent permitted by law, Hotel disclaims liability arising out of or relating to any third-party services, including any booking platform, payment processor, reservation service, or external site accessed through the Site.

Hyperlinks

The Site may include hyperlinks to other websites which are not maintained by Hotel (“Third-Party Sites”). We are not responsible for the content of such external websites and we make no representations whatsoever concerning the content or accuracy of, opinions expressed in, or other links provided by such websites. The inclusion of any such links does not imply endorsement, sponsorship, or approval of those Third-Party Sites or the information, products, or services offered through them, and Hotel shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods, or services available through any Third-Party Site.

These Terms apply solely to the Site and do not apply to Third-Party Sites. Before accessing or using any Third-Party Site, you should review the applicable terms of use, privacy policies, and other governing policies of that Third-Party Site. Your use of Third-Party Sites is at your own risk, and it is your responsibility to take appropriate precautions to ensure that any links you follow or materials you download are free from viruses, malware, or other harmful components.

If you link to the Site, you agree that you will not misrepresent your relationship with us or present false or misleading impressions about us. No hyperlinks to the Site may be used in a manner that implies or suggests that the Hotel approves or endorses you, your website, or your goods and services. We will have no responsibility or liability for any content appearing on your website. No hyperlink may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.

We reserve the right, at any time and in our sole discretion, to request that you remove from your website all hyperlinks or any particular hyperlink to the Site. We may at any time, in our sole discretion, with or without cause, withdraw your right to link to any pages on the Site. Upon our request, you agree to immediately remove all hyperlinks to the Site. Thereafter, your posting of any future hyperlinks to the Site will require our express written permission.

Copyright Complaints

Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), if you believe in good faith that any content on the Site infringes your copyright, you may send us a written notice containing the following:

  • (a) a physical or electronic signature of the copyright owner or authorized agent;
  • (b) identification of the copyrighted work claimed to have been infringed;
  • (c) identification of the allegedly infringing material and information reasonably sufficient to permit us to locate it;
  • (d) your name, address, telephone number, and email address;
  • (e) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • (f) a statement, under penalty of perjury, that the information is accurate and that you or your agent is authorized to act on behalf of the copyright owner.

Notices should be sent to the attention of DMCA Agent/Legal Department, at the address provided under Contact Us. We respect the intellectual property rights of others and will respond to clear notices of alleged infringement. If you fail to comply with all of the requirements of this section, your notice may not be valid. There can be penalties for false claims under the DMCA. It is our policy to terminate, in appropriate circumstances, the access rights to the Site of repeat infringers.

Disclaimers

THE USE OF THE SITE BY YOU IS AT YOUR SOLE RISK. ACCORDINGLY, THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY, OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR RELIABILITY, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED, TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, HOTEL OR ITS PARENT, AFFILIATES, SUBSIDIARIES, PROPERTY OWNERS, LICENSORS, SERVICE PROVIDERS, PARTNERS, CONTRACTORS, SUPPLIERS, CONTENT PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING (COLLECTIVELY, THE “HOTEL PARTIES”), DO NOT WARRANT THAT: (A) THE USE OF THE SITE OR ANY THIRD-PARTY WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THAT THE USE OF THE SITE OR ANY THIRD-PARTY WEBSITE WILL ALLOW YOU TO OBTAIN ANY PARTICULAR RESULTS WHATSOEVER; (C) THE CONTENT OR ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE OR ANY THIRD-PARTY WEBSITE ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR OF ANY PARTICULAR VALUE OR QUALITY; (D) THAT ANY DEFECTS IN THE SITE OR IN THE CONTENT WILL BE CORRECTED; OR (E) THAT THE SITE AND THE CONTENT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. THE SITE MAY CONTAIN TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, INCLUDING BUT NOT LIMITED TO INACCURACIES RELATING TO PRICING OR AVAILABILITY OF SERVICES. WE DO NOT ASSUME RESPONSIBILITY OR LIABILITY FOR ANY SUCH INACCURACIES, ERRORS, OR OMISSIONS. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, CANCELLATIONS, AND/OR IMPROVEMENTS TO THE SITE, AND TO THE PRODUCTS, PROGRAMS, AND OTHER SERVICES DESCRIBED OR AVAILABLE ON THE SITE, AT ANY TIME WITHOUT NOTICE.

WE MAKE NO REPRESENTATION THAT THE SITE OR CONTENT IS APPROPRIATE OR AVAILABLE FOR USE IN YOUR LOCATION. A REFERENCE TO A PRODUCT OR SERVICE ON THE SITE DOES NOT IMPLY THAT SUCH PRODUCT OR SERVICE IS OR WILL BE AVAILABLE IN YOUR LOCATION.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event will Hotel Parties be liable to you, your company, or any third party for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any other losses or damages (including to property, loss of use, business interruption, loss of contracts, loss of anticipated savings, wasted management or office time, claims of third parties, and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise), alleged under any legal theory, arising out of or in connection with: (a) these Terms; (b) your use of, inability to use, or reliance on, the Site or the Content; (c) the transmission of information to or from the Site over the Internet; (d) the Hotel Parties’ performance of or failure to perform their obligations in connection with these Terms; (e) the defamatory, offensive, or illegal conduct of other users of the Site or of third parties; (f) your use of any services provided by third parties; (g) any errors or omissions in the Content, any interruption or unavailability of the Site, any viruses or malicious code transmitted through the Site, or any unauthorized access to or use of Hotel systems; or (h) changes to or cancellations of reservations, amenities, or events, or admission decisions.

YOU AGREE THAT THE HOTEL PARTIES ARE NOT RESPONSIBLE OR LIABLE IN ANY WAY FOR INJURY, LOSS OR DAMAGE TO YOUR COMPUTER, OR INTERCEPTION OR USE OF INFORMATION, RELATED TO OR RESULTING FROM YOUR USE OF THE SITE OR ANY WEBSITES LINKED OR ASSOCIATED WITH THE SITE. HOTEL PARTIES MAKE NO WARRANTY OR REPRESENTATION REGARDING OF CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. YOU AGREE THAT HOTEL PARTIES ARE NOT RESPONSIBLE FOR THE CONFIDENTIALITY OF ANY INFORMATION, AND HOTEL PARTIES ARE NOT RESPONSIBLE FOR ANY DAMAGES THAT MAY ARISE FROM DISCLOSURE OF SUCH INFORMATION.

The foregoing limitations of liability will apply even if any of the events or circumstances were foreseeable and even if the Hotel Parties were advised of or should have known of the possibility of such losses or damages.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HOTEL PARTIES’ TOTAL AGGREGATE LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR USE OF THE SITE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED $100 USD.

Indemnification

You agree to defend, indemnify, and hold harmless the Hotel Parties and their officers, directors, employees, representatives, and agents, against all claims, demands, suits, or other proceedings, and all resulting loss, damage, liability, cost, and expense (including reasonable attorneys’ fees), made by any third party arising out of: (a) Submissions that you upload, submit, post, or transmit through the Site; (b) your use of the Content, the Site, and other materials, products, and services available on or through the Site or otherwise provided by the Hotel Parties; (c) your violation of these Terms; (d) your violation of any rights of any third party or any applicable law; and (e) any unauthorized use of a username, password, or account. We reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you.

Dispute Resolution: Agreement to Arbitrate and Mandatory Class, Mass, Collective, and Representative Action Waiver

Important: This Section impacts certain legal rights and includes an agreement to arbitrate and a waiver of the right to participate in any form of class, mass, collective, or representative action, and limits your ability to obtain certain remedies and forms of relief. Please review carefully.

Dispute Resolution. If a disagreement arises between you and Hotel regarding any claim or controversy at law or equity arising out of, relating to, or connected in any way with the Site (a “Dispute”), prior to initiating any legal action or arbitration, you must first contact us directly by email at [email protected]. You must describe the nature of the Dispute, the basis for your claims and the resolution you are seeking.

You agree that the term “Dispute” in these Terms will have the broadest meaning possible. These Terms also cover any Dispute between you and any Hotel Party or third party if Hotel could be liable, directly or indirectly, for such Dispute.

Agreement to Arbitrate. By accessing the Site or by providing your information, you acknowledge that part of the valuable consideration for your access to and use of the Site is your agreement to arbitrate all claims through New Era ADR (www.neweraadr.com). If New Era ADR is no longer available, all claims will be arbitrated in another agreeable arbitration forum. In the event that you assert a combination of claims, including some classified as non-arbitrable under a relevant state or federal law, you agree that the non-arbitrable claims may be brought as a separate action in the appropriate state or federal court. You also agree that all remaining arbitrable claims, including but not limited to those relating to reservations, employment applications, data privacy, and/or use of image, shall be severed and subject to arbitration. These arbitration provisions shall be read broadly and interpreted under the Federal Arbitration Act (9 U.S.C. § 1, et seq.) or any other version of the Act that may come into existence. If there is a dispute regarding the applicability of these arbitration provisions, that issue will be submitted for arbitration to New Era ADR or, if it is unavailable, an arbitrator agreed upon or appointed by the court.

Class, Mass, Collective, and Representative Action Waiver. You agree that you will not sue any Hotel Party as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class, mass, or collective action lawsuit against any Hotel Party. You further agree not to seek any relief as a member of a class and irrevocably agree to opt out of any class action litigation. You acknowledge that by doing so you are waiving your right to have any Dispute heard by a jury or a judge. In the event that you seek to file any claim in court and GR OPCO, LLC or any of its affiliates are required to compel arbitration or seek to dismiss the class claims, you acknowledge that the prevailing party in such litigation may be entitled to reasonable attorneys’ fees and costs.

Governing Law; Jurisdiction and Venue

These Terms and any Dispute will be construed and enforced in accordance with the laws of the State of Florida, without regard to conflict of laws principles. To the extent any Dispute is determined not to be subject to arbitration, you agree that any such Dispute will be brought exclusively in the state or federal courts located in Miami-Dade County, Florida. You expressly consent to personal jurisdiction and venue in such courts, and waive any objection to personal jurisdiction or venue in such courts.

Force Majeure

Hotel shall not be liable for any failure or delay in performance caused by events beyond its reasonable control, including without limitation acts of God, hurricanes and other natural disasters, epidemics, pandemics, governmental actions, war, civil unrest, power outages, telecommunications failures, cyberattacks, or failures of third-party services.

Miscellaneous

Entire Agreement. These Terms (as may be revised and amended from time to time), together with the Privacy Policy and any other policies referenced on the Site, constitute the entire agreement between you and Hotel with respect to your use of the Site and the Content and supersede all prior agreements or understandings relating to the same subject matter.

Electronic Agreement. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, including these Terms, satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree, or consent via the Site it is intended to be an electronic signature which binds you as if you had signed on paper. Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.

Termination. Hotel may suspend or terminate your access to the Site at any time, with or without notice, if Hotel believes that you have violated these Terms or applicable law. Upon termination, all rights granted to you under these Terms shall immediately cease. Any provisions of these Terms that are reasonably inferable to have been intended to survive termination (including, but not limited to, any provisions regarding intellectual property, disclaimers, limitation of our liability, indemnification, and arbitration) will continue in effect beyond any such termination of access to the Site.

No Assignment. These Terms do not confer any rights, remedies, or benefits upon any person other than you. We may assign our rights and duties under these Terms, in whole or in part, at any time to any affiliate, successor entity, purchaser of assets, or other third party without notice. You may not assign these Terms without our prior written consent.

Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be stricken and will not affect the validity and enforceability of any remaining provisions.

Non-Waiver. The failure of Hotel to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Contact Us

Hotel welcomes your questions or comments regarding these Terms. If you have any questions regarding these Terms, please contact us at: GR OPCO, LLC, 20 NE 11th Street, Miami, Florida 33132; Email: [email protected]; Telephone: (305) 360-1111.