Swan Hotel Associates d/b/a The Walt Disney World Swan Hotel (“Swan”) and Dolphin Hotel Associates d/b/a The Walt Disney World Dolphin Hotel (“Dolphin”), are separate hotels and separate corporations (the hotels and their service outlets are collectively the “Hotels”); however, they together provide the website www.swandolphin.com (“Site”). The Hotels are not owned by The Walt Disney World Corporation. Likewise, the Hotels are not owned by “Marriott” (e.g. the Marriott Group, Marriott international, Inc. or Marriott Hotels & Resorts Worldwide, LLC, etc.) but the Hotels are Marriott branded.
By accessing and using the Site, you acknowledge and agree to the following terms and conditions:
The Site and all content contained thereon including, images, photographs, logos and other materials, as well as the copyrights, trademarks, trade dress and other intellectual property rights in such materials are owned by Company or its licensors, including Marriott. The Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by Company and Marriott.
The Site may contain links to other websites. Company provides such links for your convenience only and is not responsible or liable for the actions of such independent websites. The inclusion of these links in no way indicates Company’s endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from such websites.
The Site and the content provided thereon is provided on an “AS IS” basis, without representations or warranties of any kind, either express or implied, including, but not limited to, warranties or title and implied warranties of merchantability or fitness for a particular purpose.
The messages contained on the Site are not an “offer” that may be “accepted”. Rather, any commercial message is instead subject to the specific details of any actual offer that may be made including without limitation, offered rates, specific promotions, give-away details, rewards details, affinity program rules and the like.
LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY, MARRIOTT, THE WEBSITE HOST OR THEIR RESPECTIVE AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS BE LIABLE TO YOU FOR ANY LOSS OR INJURY OR ANY DAMAGES, EITHER DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOST SAVINGS OR LOST ACCUMULATIONS) RESULTING FROM OR IN ANY WAY CONNECTED TO THE SITE OR THESE TERMS & CONDITIONS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold Company, Marriott and their respective affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Site, your breach of these terms and conditions or your violation of any law or the rights of a third party.
GOVERNING LAW, WAIVER OF CLASS ACTION AND JURY TRIAL
Owner is a company established under American law and its primary business functions are in the United States. The Hotels expect and intends any interactions with this website and Owner to be governed by American law and in particular the law of Florida without application of Florida’s choice of law rules. By using the website, you agree that the law of Florida applies to such use as if you were actually using the site while physically present in Florida, even if you are not physically present in Florida or even the United States. Likewise you voluntarily agree to discontinue any suit that may, is or could be brought in another jurisdiction than Orlando, Florida, if such suit arises from or relates to the Site or the Hotel, i.e. and the suit will be exclusively decided in Orlando, Florida.
By using the site and its services, including by making reservations and supplying information to Company for use with events and/or reservations and the like, you agree to and waive the right to participate in and/or receive relief as part of a class action or representative action. Such class and representative waiver also includes any arising from data breach, privacy claims, similar claims and the like. Further, you agree to waive your right to a jury trial and consent instead to resolution solely and exclusively via bench trial.
These terms and conditions may at any time by amended, modified or supplemented, and your continued use of the Website will constitute your acceptance of any such amendment, modification, or supplementation.