Starwood Preferred Guest (SPG) launched Keyless update to its Apple and Android apps that allows to member to check in and enter the room using their Bluetooth enabled smartphone at 10 participating hotels.
Starwood plans to introduce this same technology to all Aloft, Element and W hotels in 2015.
You can access SPG’s website for this initiative here.
SPG Keyless Properties:
The number of participating properties at the launch is only 10.
How does it work?
SPG has instructions on its website.
I just registered my SPG Android App and the registration went through just fine.
The app upgrade did require me to authorize even more permissions for the app.
Most of the stays are apparently eligible for the SPG Keyless check in.
Remember to read the Terms and conditions of this initiative that are 4770 words long and plenty of legalese.
In many countries the front desk must collect the guest’s passport or identity card information and probably swipe the credit card as well. I see absolutely zero benefit of using SPG Keyless in a situation such as these.
Also, are all the guests using SPG Keyless hit with the DCC scam in China if they don’t stop by the front desk at the time of leaving the property?
Personally, I would not have a problem using SPG Keyless at a limited service properties such as the Aloft or Element, where you don’t get any upgrade or other benefits for being an elite member with SPG. You may well as bypass the front (Aloha) desk and go directly to your room.
Not sure how SPG is going to deal with “mattress” runs? Nothing would stop someone from checking “virtually” using the service at the cheapest properties and never show up if there is no requirement to pass by the front desk at any time. Is the system able to “see” that someone who checked in using the app never actually came to the hotel?
Even better, you might be able to get someone who actually needs a room to stay under your account incognito. Win win for both parties.
Not sure how secure something like this truly is? I really cannot see anything such as this being fool proof. Surely some can hack into your SPG account and sign in using the app. What would stop the by stopping at your room as well?
Here are the frequently asked questions by SPG:
What is SPG® Keyless™?
SPG Keyless allows our SPG members to use their smartphone to check in, get their guest room number, and even unlock the guest room door. SPG Keyless works through the SPG app, which can be downloaded for iPad®, iPhone® and Android™.
Do you have to be an SPG member to be eligible?
Only members of the Starwood Preferred Guest® (‘SPG’) program are eligible to register for the SPG Keyless feature. It’s available to all SPG membership levels.
Are all hotels participating?
There are currently 10 properties participating. In 2015, all Aloft®, ElementSM, and W® hotels and resorts will launch SPG Keyless.
Are all stays for SPG members eligible to use SPG Keyless or are there some restrictions?
Only stays that meet the following criteria are eligible to use SPG Keyless:
- Member must have an SPG number, a valid email address, a valid credit card and a registered mobile device.
- Reservation must be made for only one room.
- Reservation must be made through Starwood websites, mobile websites, the SPG apps or the Customer Call Center.
Mobile device settings required for SPG Keyless:
- You will need to accept push notifications
- You will need Bluetooth to be on
How will I know if the door is unlocked?
The flashing green light will turn solid, and you will hear the sound of the door unlocking.
Are minors (guests under age) eligible to use this feature?
No. You must be of 18 years or older to be an SPG member and enjoy all the features of the program.
Will all mobile devices and smartphones work with SPG Keyless?
Mobile devices compatible with SPG Keyless are iPhone 4s and above running iOS8, and select Android devices running Flavor 4.3 and above. The SPG app is also required to access SPG Keyless features.
How is the guest’s ID verified?
For hotels located in regions where local law requires identification check, the room number will be withheld until the SPG member stops by the front desk prior to check-in. Some rate plans will also require verification and will require a member to stop by the front desk. Notification will be sent to the SPG member through the SPG app.
How is this different than mobile check-in solutions offered by competitors?
Today our competitors allow their guests to check in on their mobile device before arrival but still require guests to pick up a standard key card at the front desk. SPG Keyless is the first truly keyless solution for a global hotel brand. In some regions, SPG members will be able to check in from their device and go straight to their room.
Where does a member register for SPG Keyless?
SPG Members can ONLY register for SPG Keyless through the Program section or home screen of the SPG app on the iPhone or Android devices they want to include in the program.
Can members register multiple smartphones?
Yes. Members can register up to three mobile devices. However, each device must be registered separately, because you must register using the device you wish to register.
Where can I get more information?
Please visit spg.com/keyless for more information and updates.
And here are the very long terms and conditions:
These SPG KeylessTM services, including, without limitation, the License, Software and Mobile Keys (each as defined below) provided as part of these services (collectively, these “Services“) are made available through the Starwood Preferred GuestTM mobile application, including, without limitation, the website and related websites contained therein (collectively, the “App”) on certain compatible wireless web-enabled smart phones or other mobile devices that have been registered to use these Services (“Mobile Device”). These Services are offered exclusively by Starwood Hotels & Resorts Worldwide, Inc. and/or its subsidiaries and affiliates (collectively, “Starwood“) and/or its various third party providers and distributors, including, without limitation, Assa Abloy Hospitality, Inc. and/or its subsidiaries, licensors and affiliates (collectively, “Assa Abloy”). Assa Abloy is not affiliated with Starwood and is not a party to this Agreement. The offer of these Services is conditioned on the user’s (“User(‘s)” or “You(r)“) acceptance of the terms and conditions and notices set forth herein and on other pages of the App (collectively, these “Terms“).
BY ACCESSING, USING, VIEWING, TRANSMITTING, CACHING OR STORING THESE SERVICES OR ANY OF THE FUNCTIONS, COMPONENTS OR CONTENTS THEREOF, YOU SHALL BE DEEMED TO HAVE AGREED TO EACH AND ALL OF THE TERMS, CONDITIONS, AND NOTICES IN THESE TERMS (THIS “AGREEMENT”) WITHOUT MODIFICATION. IF YOU DO NOT AGREE, PLEASE CEASE USE OF THESE ERVICES IMMEDIATELY.
Use of Services.
These Services are available only to individuals who are members of the Starwood Preferred Guest program (“SPGTM”) and who can form legally binding contracts under applicable law, and thus, are not available to minors. By using these Services, You represent that You are at least 21 years of age and are of sufficient legal age to create binding legal obligations for any liability You may incur as a result of the use of these Services or the App.
You may only use these Services (i) during an eligible stay for which You have a valid reservation for a single guest room and You have elected to use these Services (a “Valid Reservation”), and (ii) at any hotels, resorts and other transient stay facilities owned, managed or franchised by Starwood that are offering these Services at the time of Your Valid Reservation (each a “Starwood Participating Property”). You must provide all requested information when making a reservation, including, without limitation, Your SPG member number, in order to use these Services and book a Valid Reservation. Valid Reservations may not include certain reservations made through meeting planners, travel agents, wholesalers and third party sites or reservations where Your SPG member number is included in a free form field, as such reservations may not be able to capture Your SPG member number in a dedicated field.
You acknowledge and agree that in connection with a Valid Reservation Your guest room number for such Valid Reservation will be sent to Your Mobile Device through the App and that Your guest room number will be viewable to You (or anyone with access to Your Mobile Device) through the App. You agree that You are solely responsible for restricting use of these Services on Your Mobile Device and keeping Your Mobile Device secure, including, without limitation, by using any passwords or other security functions necessary to restrict access to Your Mobile Device, the App or these Services. You agree that You will not allow a third party to use Your Mobile Device to access the App or use these Services on Your Mobile Device.
If at any time while You have an existing Valid Reservation including, without limitation, any time after You have checked-in for such Valid Reservation (i) Your Mobile Device is no longer in Your possession or under Your control for any reason (including, without limitation, because You lost, transferred or assigned it to a third party) or (ii) You become aware that Your Mobile Device has been stolen or otherwise compromised (including, without limitation, if Your Mobile Device has been hacked or otherwise accessed by an unauthorized third party), You agree to contact the applicable Starwood Participating Property as soon as possible and to follow any instructions provided by Starwood or the applicable Starwood Participating Property (including, without limitation, deleting or consenting to the deletion of any Mobile Keys from Your Mobile Device). Starwood, any Starwood Participating Property and Assa Abloy will not be responsible for any problems or claims that may result from Your failure to notify the applicable Starwood Participating Property in the event that Your Mobile Device is no longer in Your possession or under Your control or is otherwise compromised.
In order to use these Services, You agree to ensure that all settings and required network communications necessary to use the Services are enabled and correct, including, without limitation, allowing and enabling push notifications be sent to Your Mobile Device. You also agree to receive certain communications in connection with any Valid Reservation from Starwood and the applicable Starwood Participating Property. You acknowledge and agree that these Services will only be available for use with certain Mobile Devices and certain software releases, as designated by Starwood in its sole discretion, and therefore the Services will not be available on certain devices or in connection with certain software.
You agree that You will only use these Services in connection with a Valid Reservation for the intended purposes of checking-in and of using Your Mobile Device to access certain designated areas and equipment that You are lawfully permitted to access at the applicable Starwood Participating Property, including, without limitation, any guest room to which You are assigned during such Valid Reservation (collectively, the “Intended Purposes”). You shall not use these Services for any purposes other than the Intended Purposes. These Services are to be used by You for Your personal use only. You agree that You will only use these Services on a Mobile Device that You control.
Commercial uses of these Services are strictly prohibited. You agree not to pretend to be any other person or a representative of any entity, whether actual or fictitious, including an employee or agent of Starwood or any third party that provides services related to these Services.
You agree that You will not (i) distribute or make these Services available over a network where it could be used by multiple devices at the same time; (ii) rent, lease, lend, sell, redistribute or sublicense these Services or Your Mobile Device on which the App is installed; (iii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of these Services, the App, any components of these Services or the App, or any updates or any part of these Services or the App; (iv) interfere or attempt to interfere with the proper functioning of these Services or the App through any means; (v) download any software to Your Mobile Device which may impact these Services or the App (including, without limitation, “rooting” or “jailbreaking” Your Mobile Device); (vi) use any robot, spider or other automatic device or manual process to monitor or copy these Services or the App or any contents or information contained in these Services or the App; (vii) allow any person or entity to tamper with Your Mobile Device in a way that may impact the functionality and security of Your Mobile Device, these Services or the App; or (viii) engage in any act that violates these Terms or violates, infringes or otherwise misappropriates any intellectual property rights of Starwood, any Starwood Participating Property or Assa Abloy.
You agree that You will not provide to Starwood and/or to these Services or the App: (i) any viruses, worms, time bombs, and/or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information; and (ii) any content that may create liability for Starwood or cause Starwood to lose (in whole or in part) the services of its suppliers.
You agree to not use these Services for any unlawful, illegal or improper purposes or in order to obtain unauthorized access of any kind to any hotel, resort or other transient stay property owned, managed or franchised by Starwood. You shall not let any other person access Your Mobile Device to use these Services for any unlawful, illegal or improper use, or in a way that may adversely impact the functionality and security of the Services. Any such unlawful, illegal or improper use or access is a breach of this Agreement.
These Services may require access to third party services, such as a mobile network connection, a roaming network or a wireless Internet connection. Neither Starwood nor any Starwood Participating Property is (i) liable for any additional terms and costs of service that may apply with respect to such third party services, or (ii) responsible for the proper functionality of any such third party services.
Software and Mobile Keys.
Any software that is made available to You through download or otherwise in connection with these Services (“Software“) is the copyrighted work of Starwood, Assa Abloy and/or either of their various third party licensors.
Any digital access key made available to You through the App in connection with these Services (“Mobile Keys”) is the copyrighted work of Starwood, Assa Abloy and/or either of their various third party licensors. You acknowledge and agree that (i) Mobile Keys can only be used when Bluetooth functionality is enabled on Your Mobile Device and (ii) Mobile Keys can only be issued to or deleted from the App on Your Mobile Device when Your Mobile Device has network connectivity (for example 3G, 4G or wireless Internet connectivity). If Your Mobile Device does not have network connectivity at any time, You will only be able to use valid Mobile Keys already installed in the App on Your Mobile Device. Mobile Keys licensed to You are specific to Your Mobile Device. If Your Mobile Device is lost, stolen, transferred, assigned, exchanged or otherwise not in Your possession or control, or if You delete the App, You will have to register for the Services and the App on Your new Mobile Device in order to use these Services. You also acknowledge and agree that, at this time, only one Mobile Keys will be able to be issued in connection with any single Valid Reservation. Starwood may change this policy in the future in its sole discretion.
Please note that copyright and patent laws and international treaty provisions protect all Software and Mobile Keys. Any reproduction or redistribution of the Software or Mobile Keys is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted. Without limiting the foregoing, copying or reproduction of the Software or Mobile Keys for further reproduction or redistribution is expressly prohibited.
You acknowledge that the Software and any accompanying documentation and/or technical information are subject to applicable export control laws and regulations of the U.S.A. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S.A. export restrictions.
Starwood grants to You a limited, non-exclusive, non-transferable, revocable license to use these Services, including, without limitation, the Software and Mobile Keys, on Your Mobile Device while it is in Your possession and under Your control and only for use as otherwise set forth in these Terms (the “License”). You acknowledge and agree that Starwood reserves all rights not expressly granted to You under the License, and that this Agreement does not transfer to You any ownership in these Services, including, without limitation, any Software or Mobile Keys, or the App or any copyright or other intellectual property rights in any of the foregoing.
These Services may be periodically updated in Starwood’s sole discretion. These Terms will govern any updates and/or upgrades provided by Starwood that replace and/or supplement the original Services, including, without limitation, any Software or Mobile Keys (and such updates and/or upgrades will consequently be incorporated as a part of these Services). You agree that You will download any such updates and/or upgrades to Your Mobile Device once such updates and/or upgrades are made available to You.
Interruption or Delayed Services.
You acknowledge and agree that these Services may be interrupted, suspended or delayed from time to time for an undetermined amount of time for any reason, including, without limitation, due to issues with network connectivity experienced by You or Your Mobile Device, which may be caused by Your service provider. Starwood, any Starwood Participating Property or Assa Abloy will not have any liability as a result of, or in connection with, any such interruption, suspension or delay with respect to these Services.
Terms Incorporated by Reference.
In addition to these Terms, You agree to the terms, conditions and notices specified at the following links, which are hereby incorporated into this Agreement:
- The terms and conditions of the Starwood Online Privacy Statement which are found at the following link: http://www.starwoodhotels.com/preferredguest/legal/privacy.html.
Proprietary Rights Information.
These Services contain and reference trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights of Starwood, Assa Abloy and/or other parties. Other than the License, no license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of Starwood, Assa Abloy and/or other parties is granted to or conferred upon You. Reproduction or storage of materials obtained from these Services is subject to the U.S. Copyright Act of 1976, Title 17 U.S.C. No material from these Services may be reproduced, distributed, posted, displayed, uploaded or transmitted. The use of any material from these Services on any other internet, intranet, website or other site or computer environment is prohibited.
These Services, including, without limitation, each of its components and modules, are the copyrighted property of Starwood, Assa Abloy and/or either of their various third party providers and distributors. These Services and the content provided in connection with these Services may not be copied, reproduced, republished, uploaded, posted, modified, transmitted or distributed without the prior written permission of Starwood. Unauthorized use of these Services and/or the components or other materials contained in these Services may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the App or such components or other materials. The use of such components or other materials on any other web site or in any environment of networked computers is strictly prohibited.
Privacy, Use of Personal Information.
Starwood respects the privacy of Users of these Services. Starwood provides the Starwood Online Privacy Statement so You will be informed about use of information Starwood collects in connection with these Services. You hereby acknowledge and agree that You have read and consent to the terms of the Online Privacy Statement at the following link: http://www.starwoodhotels.com/preferredguest/legal/privacy.html, which is incorporated by reference herein.
When using these Services, information that You have provided Starwood, Assa Abloy and any Starwood Participating Property about You is provided to Starwood or other involved third parties to fulfill Your Valid Reservation.
In addition to the circumstances described above, Starwood may disclose information if required to do so by law, court order, as requested by other government or law enforcement authority, or in the good faith belief that disclosure is otherwise necessary or advisable including, without limitation, to protect the rights or properties of Starwood when Starwood has reason to believe that disclosing the information is necessary to identify, contact or bring legal action against someone who may be causing interference with Starwood’s rights or properties, whether intentionally or otherwise, or when anyone else could be harmed by such activities.
You acknowledge and agree that You are solely responsible for maintaining the confidentiality of Your information and passwords, and You hereby accept responsibility for all activities that occur under Your SPG member account.
Accuracy and Interpretation.
These Services and these Terms may contain technical inaccuracies or typographical errors or omissions. Starwood is not responsible for typographical, pricing, product information, advertising or other errors. Starwood reserves the right to make changes, corrections and/or improvements to these Services, these Terms, and to the products and programs described in such information, at any time without notice. All interpretations of these Terms will be at Starwood’s sole discretion, and Starwood’s decisions will be final.
Starwood, Assa Abloy and any other providers of products or services related to these Services are not responsible for malfunctions, failures, or difficulties with these Services, including, without limitation, any communications related thereto, or lost, stolen, or misdirected messages or entries, or the security of any such communications. Further, Starwood, Assa Abloy and any other providers of products or services related to these Services are not responsible for incorrect or inaccurate entry information, whether caused by User(s), users of any User’s account or by any of the equipment or programming associated with these Services and/or the App, or by any technical or human error that may occur in the processing of any information related to these Services and/or the App. Starwood, Assa Abloy and any other providers of products or services related to these Services or the App may prohibit use of these Services where it appears that a User has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that a reservation contains or resulted from a mistake or error.
You agree that Starwood, Assa Abloy and any other providers of products or services related to these Services are not responsible for any damages that may arise as a result of a User’s inability to use these Services for any reason.
Personal Information, Credit Card Information.
YOU AGREE THAT NONE OF STARWOOD, ANY STARWOOD PARTICIPATING PROPERTY, ASSA ABLOY OR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE ARE RESPONSIBLE OR LIABLE IN ANY WAY FOR INJURY, LOSS OR DAMAGE TO YOUR MOBILE DEVICE, OR INTERCEPTION OR USE OF CREDIT CARD INFORMATION OR OTHER PERSONALLY IDENTIFIABLE INFORMATION, RELATED TO OR RESULTING FROM USE OF THESE SERVICES, THE APP OR ANY WEBSITES LINKED OR ASSOCIATED WITH THESE SERVICES OR THE APP.
STARWOOD, EACH STARWOOD PARTICIPATING PROPERTY and ASSA ABLOY MAKE NO WARRANTY OR REPRESENTATION REGARDING THE CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED IN CONNECTION WITH THESE SERVICES OR THE APP OR ANY WEBSITE LINKED TO THESE SERVICES OR THE APP. YOU AGREE THAT NONE OF STARWOOD, ANY STARWOOD PARTICIPATING PROPERTY, ASSA ABLOY OR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THESE SERVICES OR THE APP ARE RESPONSIBLE FOR THE CONFIDENTIALITY OF ANY INFORMATION (INCLUDING, WITHOUT LIMITATION, CREDIT CARD INFORMATION, PERSONALLY IDENTIFIABLE INFORMATION, EMAIL ADDRESS, PHONE NUMBER, ETC.), AND NONE OF STARWOOD, ANY STARWOOD PARTICIPATING PROPERTY, ASSA ABLOY OR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THESE SERVICES OR THE APP, ARE RESPONSIBLE FOR ANY DAMAGES THAT MAY ARISE FROM DISCLOSURE OF SUCH INFORMATION.
Use of Third Party Suppliers.
In order to offer these Services, Starwood may use third party suppliers, including, without limitation, Assa Abloy. You acknowledge and agree that, the carriers, hotels and other suppliers providing travel or other services for Starwood, including, without limitation, Assa Abloy, may be independent contractors, and not agents or employees of Starwood. You further acknowledge and agree that Assa Abloy is an intended third party beneficiary of this Agreement.
You agree to the terms and conditions of purchase imposed by Starwood, each Starwood Participating Property, and other suppliers of services in connection with these Services. You also agree to pay all amounts, duties, taxes, and related charges arising out of Your use of these Services, including, without limitation, any Valid Reservation, when due, including, without limitation, additional taxes, incidental charges and other fees and charges. You agree that in connection with any Valid Reservation, a Starwood Participating Property may use the credit card that You authorized when booking such Valid Reservation to pre-authorize the Valid Reservation on the day You are scheduled to check in for such Valid Reservation. Unless You have provided the applicable Starwood Participating Property with an alternate form of payment in connection with such Valid Reservation, You agree to allow Starwood and each Starwood Participating Property to charge such credit card for the payment of any charges, fees or other amounts incurred in connection with a Valid Reservation, including, without limitation, and any room charges, taxes, penalties or incidental charges arising from such Valid Reservation. Such payment will be collected without additional notice. You agree that You are completely responsible for all charges, fees, duties, taxes, penalties and assessments arising out of Your use of these Services or the App and any Valid Reservation, including, without limitation, any costs associated with using the App or these Services on Your Mobile Device (such as data charges, roaming charges, etc.).
Modification and Termination.
Starwood may at any time modify these Terms or these Services, and Your continued use of these Services will be conditioned upon the terms and conditions in force at the time of Your use. Accordingly, You agree to review these Terms periodically, and Your continued access and/or use of these Services shall be deemed Your acceptance of the modified Terms. In addition, Starwood may cease offering these Services at any time in its sole discretion without prior notice.
EXCLUSION OF WARRANTY, DISCLAIMER.
YOU AGREE THAT YOU USE THESE SERVICES AND THE APP AT YOUR OWN RISK. THESE SERVICES, THE APP, AND ANY RELATED INFORMATION, CONTENTS AND/OR MATERIALS (INCLUDING, WITHOUT LIMITATION, ANY SOFTWARE OR MOBILE KEYS) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. STARWOOD, EACH STARWOOD PARTICIPATING PROPERTY AND ASSA ABLOY HEREBY DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE; OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You. This warranty gives You specific legal rights and You may also have other legal rights that vary from state to state.
NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY STARWOOD, A STARWOOD PARTICIPATING PROPERTY OR ASSA ABLOY WILL CREATE A WARRANTY OF ANY KIND, AND YOU SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
Starwood, any Starwood Participating Property and Assa Abloy have no obligation to provide any updates or upgrades to these Services or to fix any defect, error or bug in these Services or the App (including, without limitation, in any Software or Mobile Keys).
LIMITATION OF LIABILITY.
IN NO EVENT SHALL STARWOOD, ANY STARWOOD PARTICIPATING PROPERTY, ASSA ABLOY, THEIR RESPECTIVE AGENTS, REPRESENTATIVES, AFFILIATES OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY 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) RESULTING FROM OR IN ANY WAY CONNECTED TO: (1) YOUR USE OF THESE SERVICES OR THE APP; (B) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OF OR INABILITY TO USE THESE SERVICES OR THE APP OR ANY COMPONENT OF THESE SERVICES OR THE APP); (C) THE PERFORMANCE OR NON PERFORMANCE BY STARWOOD, ANY STARWOOD PARTICIPATING PROPERTY, ASSA ABLOY OR ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THESE SERVICES OR THE APP; (D) ANY FALSE OR INACCURATE INFORMATION THAT YOU PROVIDE IN CONNECTION WITH THESE SERVICES OR THE APP (INCLUDING, WITHOUT LIMITATION, YOUR MOBILE DEVICE AND THE PHONE NUMBER ASSOCIATED THEREWITH); (E) YOUR BREACH OF THESE TERMS; OR (F) ANY THIRD PARTY’S ILLEGAL OR UNAUTHORIZED ACCESS TO, OR USE OF, THESE SERVICES ON OR THROUGH YOUR MOBILE DEVICE OR ACCOUNT AS A RESULT OF ANY OF YOUR ACTS OR OMISSIONS; EVEN IF SUCH PARTY OR INTENDED THIRD PARTY BENEFICIARY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR INTENDED THIRD PARTY BENEFICIARIES. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY OF RECOVERY.
Some jurisdictions do not allow the exclusion of consequential or incidental damages, so some of the foregoing exclusions may not apply to You. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST STARWOOD, ANY STARWOOD PARTICIPATING PROPERTY, ASSA ABLOY, THEIR RESPECTIVE AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF, OR IN ANY WAY CONNECTED TO YOUR USE OF THESE SERVICES, THE APP AND/OR ANY RELATED PRODUCTS OR SERVICES.
IN THE EVENT STARWOOD, ANY STARWOOD PARTICIPATING PROPERTY OR ASSA ABLOY IS HELD LIABLE FOR ANY DAMAGES RELATED TO THESE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO REIMBURSEMENT OF THE CHARGES FOR SERVICES OR PRODUCTS PAID BY YOU THAT WERE NOT PROVIDED TO YOU.
NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THESE SERVICES BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.
YOU AGREE THAT NONE OF STARWOOD, ANY STARWOOD PARTICIPATING PROPERTY OR ASSA ABLOY IS LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY OF THE OTHER PARTIES OR ANY THIRD PARTY SUPPLIER, OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM THE USE OF THE OTHER PARTY OR SUCH SUPPLIERS. STARWOOD, ANY STARWOOD PARTICIPATING PROPERTY AND ASSA ABLOY HAVE NO LIABILITY AND WILL NOT MAKE REFUNDS FOR ANY DELAY, CANCELLATION, OVERBOOKING, INABILITY TO USE THESE SERVICES OR OTHER CAUSES BEYOND STARWOOD’S, SUCH STARWOOD PARTICIPATING PROPERTY’S OR ASSA ABLOY’S DIRECT CONTROL, AND NEITHER STARWOOD NOR SUCH STARWOOD PARTICIPATING PROPERTY HAS ANY RESPONSIBILITY FOR ANY ADDITIONAL EXPENSES RESULTING THEREFROM.
Starwood, any Starwood Participating Property and Assa Abloy will not have any liability with respect to the decision to make the Services or the App available on certain Mobile Devices and such decision will in no way indicate that Starwood, any Starwood Participating Property or Assa Abloy in any way endorses, recommends or otherwise provides any assurances or warranties with respect to such Mobile Devices. You acknowledge and agree that You are solely responsible for Your decision to utilize a certain Mobile Device.
You agree to indemnify and hold Starwood, each Starwood Participating Property and Assa Abloy and their respective subsidiaries, 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 breach of this Agreement or the documents it incorporates by reference, or Your violation of any law or the rights of a third party. Starwood’s, any Starwood Participating Property’s or Assa Abloy’s failure to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches.
Any disputes arising out of or related to these Services shall be governed by and construed and enforced in accordance with the laws of the State of New York applicable to contracts entered into and to be performed entirely within the State of New York. Use of these Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation this paragraph. All disputes which cannot be resolved between the parties, and causes of action arising out of or connected with these Services, shall be resolved individually, without resort to any form of class action. The exclusive jurisdiction for any claim or action arising out of or relating to these Terms may be filed only in the state or federal courts located in the State of New York, United States.