TERMS OF USE

Thank you for visiting our website located at www.highgate.com (the “Site”) and for your interest in Highgate Hotels, L.P. (sometimes hereinafter referred to as “Highgate”, “we”, “our”, “us”, or “Company”). As a condition of using this Site we require that you agree to each of the terms and conditions of use and notices stated below. If you do not agree without modification, please discontinue use of this Site. Also, please note that separate Terms of Use may apply to the www.highgatecareers.com web page.

1. The content and information displayed on this Site (“Highgate Information”) is the property of Highgate and/or other parties. You agree that downloading, reproducing, or transmitting Highgate Information is strictly prohibited (except to the extent conducted for non-commercial individual use).

2. This Site may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights of Highgate and/or other parties. You are not granted any license to use or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of Highgate and/or other parties.

3. You agree that you will not use any device, software or other instrumentality to interfere with the proper working of this Site (including causing any unreasonable or disproportionate burden on our infrastructure). In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Site or the content contained herein without the prior written consent of an authorized Highgate representative.

4. ALL HIGHGATE INFORMATION AND ANY OTHER INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. HIGHGATE MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SITE IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS OUR SITE, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OR THROUGH THE SITE OR WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. HIGHGATE MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THIS SITE OR HIGHGATE INFORMATION WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN ON THIS SITE WILL BE CORRECTED.NEITHER US NOR ANY OF OUR SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS (“COMPANY PARTIES”) SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THIS SITE OR ANY MATERIALS, OPINIONS OR RECOMMENDATIONS OF THIRD PARTIES ON THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AGAINST US AND THE COMPANY PARTIES ARISING DIRECTLY OR INDIRECTLY OUT OF YOUR USE OF THIS SITE. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

5. With respect to all communications you make to Highgate regarding Highgate Information, including but not limited to feedback, questions, comments, suggestions and the like that you provide on the Site, e-mail, text messages, telephone or social media: (a) you shall have no right of confidentiality in your communications and Highgate shall have no obligation to protect your communications from disclosure; (b) Highgate shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (c) Highgate shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.

6. Highgate reserves the right to make changes, corrections, cancellations and/or improvements to Highgate Information and to the products and programs described in such information, at any time without notice, including after confirmation of a transaction.

7. Highgate is a company domiciled in the United States and is prohibited from providing services to certain “prohibited persons” that are government officials or residents of certain embargoed countries, or other individuals whose names are published on lists maintained by United States government agencies.

8. The Site contains information relating to specific hotels that are operated by Highgate. Please note that a reference to a product or service at any specific hotel does not imply that such product or service is or will be available at any other Highgate operated location. This Site may contain links to external websites not controlled by us. We are not responsible for the privacy practices and data collection policies for third party sites. You should consult the privacy policies of those sites for details. In addition, because Highgate has no control over such websites and resources, you acknowledge and agree that Highgate is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources.

9. The Site is meant for individuals within the United States and is subject to United States law. Highgate only knowingly collects information from individuals within the United States. If you provide information to us from outside of the United States, you do so at your own risk. If you are outside of the United States, you are responsible for complying with any local laws regarding use of the Site and related data collection. Highgate may disclose information about you (including Personal Information) if we believe in good faith: (1) it is required by law or as part of a legal process; (2) it allows us to protect and enforce our legal rights, including but not limited to, to limit harm or damages to Highgate, Highgate property, and/or Highgate personnel; (3) it is needed to respond to a governmental or law enforcement investigation or request; (4) it is needed to protect the safety, property, and/or other legal rights of Highgate and its employees, Site visitors, and/or other members of the public; and/or (5) to respond to any other situation deemed an emergency by us.

10. Any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with the laws of the State of New York.

11. We may update these Terms and Conditions of Use from time to time. By using the Site, you (on behalf of yourself and your organization, if applicable) are expressly agreeing to the terms and conditions of the then-posted version of these Terms and Conditions of Use.

12. If you would like to view the privacy practices that govern how we process Personal Information (“Personal Information”) about you on this Site, please review our Privacy Policy. By using our Site, you consent to your Personal Information being processed as set out in our Privacy Policy.

Last updated 8/18/2016