Site Access From Outside the United States
Collected Information may be transferred to, stored in, and processed in the United States (where our and our suppliers’ servers and databases are located and operated). The data protection and related laws and regulations of the United States might not be as comprehensive as those in the country from which you are accessing the Site.
We Collect Information that You Submit
Personally Identifiable Information. You can visit the Site without sharing personally identifiable information, but you will be required to provide personally identifiable information in order to use certain Site features, such as making a reservation or joining the loyalty program. We will collect any personally identifiable information from or about you that you choose to submit to us, whether in connection with making a reservation, signing up to our loyalty program or otherwise communicating with us for any reason. To make a reservation, we will at a minimum require your name, email address, physical address, and payment information. You may also provide your telephone number. To register for our loyalty program, at a minimum, we will require: your name, address and email address, as well as a user name and password to access your rewards account. .
If you provide your wireless or other telephone number to us, you consent to receiving telephone calls and text (SMS) messages from us at that telephone number as set forth below.
Payment Information. Reservations must be made by credit or debit card. All credit and debit card information is provided directly to our PCI-compliant third-party payment processor. GreenTree does not directly access or handle your credit or debit card information, except that GreenTree may store the last four digits of your credit or debit card number in order to track and confirm your reservation. To make a reservation, you will need to submit your name, address, email address and payment information, including your credit or debit card number, expiration date, security code, and billing address. Payment by credit or debit card is subject to the approval of the card issuer. GreenTree will not be responsible in any way if a card issuer refuses to accept a credit or debit card for any reason. We will maintain a record of the reservations that you make using the Site.
Mailing Lists. If you sign up or otherwise opt in to receive promotions from us, you will need to submit your name and email address. You may also provide your physical address and telephone number. We will use this information to provide you with promotional and other communications.
Other Types of Information that We Collect
IP Addresses and Related Data. The servers used to operate the Site may collect data pertaining to you and the equipment, software, and communication methods you use to access the Internet and the Site, including Internet protocol (“IP”) addresses assigned to your computer, your Internet service provider (ISP), your approximate geographic location, your browser type, your operating system type, the type of device using which you access the Site, the pages you access on the Site, the web sites you access before and after visiting the Site, the length of time you spend on the Site, date and time stamps, and clickstream data. GreenTree may use this information to administer the Site and its servers, to generate statistical information, to monitor and analyze Site traffic and usage patterns, to monitor and prevent fraud, to investigate complaints and violations of our policies, and to improve the Site’s content and the products, services, materials, and other content that we describe or make available through the Site. We may combine this information with personally identifiable information, other information that we collect from you, and information obtained from third parties for security reasons.
Due to this automatic collection of cookies, we do not honor “do not track” requests.
Google Analytics’ Advertising Features and AdWords. We may enable the following Google Analytics Advertising Features: Google Display Network Impression Reporting, Remarketing with Google Analytics, and Google Analytics Demographics and Interest Reporting. Google Display Network Impression Reporting uses the Google Analytics cookie to track our ad impressions and your interactions with those impressions, including the effectiveness of those ads, which generates reports for us to help us analyze our advertisements. Remarketing with Google Analytics uses the Google Analytics cookie to serve advertisements to you across the Internet based on your visit to the Site. Google Analytics Demographics and Interest Reporting uses a third party cookie to collect information about our website traffic by tracking users across websites and across time, which generates a report for us to better understand our website users.
We also use the Google AdWords service to serve ads on our behalf across the Internet and sometimes on this Website. Google uses your internet searches as well as cookies (or other similar identifiers such as pixel tags) to collect anonymous information about your visits to our Site and your interaction with our products and services to generate targeted advertisements to you on other sites that you visit across the Internet.
To opt out of remarketing advertising provided through Google or to customize your ad preferences, visit Google’s Ad Settings page at http://www.google.com/settings/ads. If you do not want Google to collect or use this information, visit Google’s Safety Center at https://www.google.com/safetycenter/tools. Opting out will not affect your use of the Site.
To obtain more information about third-party ad networks and online behavioral advertising and to change your preferences with respect to certain online ads, please visit the National Advertising Initiative Consumer Opt-Out web site at http://www.networkadvertising.org/choices or the Digital Advertising Alliance Self-Regulatory Program web site at http://www.aboutads.info. Please remember that opting out of online ads with one ad network and web browser does not necessarily carryover to any other ad network or web browser. As a result, depending on the opt-outs you request, you may still see our ads from time to time.
The Site may also use the advertising services and networks offered by those social media platforms to deliver advertising content. Use of these services requires social media platforms to implement cookies or pixel tags to deliver ads to you while you are logged into the platform. If you do not wish a social media platform to collect information relating to you via the Site, we suggest that you: (i) hide social media platform plug-ins using an ad blocker; (ii) always log off completely from the social media platform before visiting other web sites and delete all related cookies; and, (iii) where the option is available, disable the advertising services and networks operated by a social media platform. For example, you may opt out of Twitter’s interest-based advertising by notifying Twitter through one of the methods they describe online: https://support.twitter.com/articles/20170405.
How We Use and Share Collected Information
Purpose Collected. We will use your personally identifiable information for the purpose for which you have given it to us, including without limitation to process your reservation requests, to communicate with you in connection with reservation, and to provide you with information and communications that you request. If you register for an account on the Site, we will use your information to communicate with you regarding your account. If you contact us for support or assistance in using the Site, we may use your information to determine whether or not your system meets the minimum requirements needed to access and use the Site and otherwise to contact you regarding your request.
Franchisees. Each individual GreenTree location may be owned by a franchisee as a separate legal entity from us. As a result, information shared with us via this Site will be shared with the individual location that you may have booked. In addition, information that you share with any individual location may be submitted back to us and maintained by us as part of your account and profile. We have no responsibility or liability for the acts or omissions of any third party, including any third party franchisee that may receive access to your data.
Site Evaluation and Improvement. We may use information we collect or receive to analyze, develop, and improve the content, materials, products, and services that we make available through the Site and the Site’s functionality, to inform marketing plans and strategies, to evaluate user needs and customize Site content and your browsing experience and for other legitimate and lawful business purposes.
Security and Protection of Rights. We may use information we collect or receive and may share it with third parties to the extent permitted by applicable law, including in the event of a subpoena, court order, or law enforcement request. GreenTree will use information we collect or receive and share it with third parties if we believe doing so is necessary to operate the Site or to protect our rights or the rights of others, including disclosing information necessary to identify, contact, or bring legal action in the event of a violation of our contracts, terms, or policies.
Sharing Collected Information with Our Suppliers. We may share your information with payment processors, our Site management and hosting vendor, our central reservation system vendor, our property management system vendor, marketing and public relations service providers, and other suppliers as necessary for us to provide the Site and our products and services to you and as may otherwise be permitted by applicable law. These suppliers include our payment processor and our central reservation system. We require our suppliers to comply with all applicable data privacy laws and regulations and they are authorized to use your personally identifiable information as necessary to provide the applicable services to GreenTree. Our suppliers may also use Collected Information as necessary for them to provide the applicable services to us.
Aggregate Data. We may aggregate personally identifiable information and other information we collect or receive to create anonymous aggregate data on Site users, which data describes users as a group or subset of the user group but does not reveal the identity of individual users. We may use aggregate data to understand Site users’ needs, to determine Site user demographics and usage patterns, to determine what kinds of products and services we can provide, and to improve and enrich our products, services, and the Site.
Access Your Personal Identifiable Information
To access or update your personal identifiable information as it exists in our records, contact us at email@example.com.
Access by Children: The Site is not directed at children under 13 years of age. GreenTree does not knowingly collect or use information from children under 13 through the Site.
Last Updated: November, 2016
We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Site and, by accessing or using the Site after changes are posted, you agree to those changes. Material changes will be conspicuously posted on the Site.
ARBITRATION NOTICE: Please note these Terms contain a binding arbitration clause. Except for certain types of disputes described in the arbitration clause below, you agree that all disputes between you and GreenTree will be resolved by mandatory binding arbitration and you waive any right to participate in a class-action lawsuit or class-wide arbitration.
- Intellectual Property Rights. The Site, including its text, audio, video, graphics, charts, photographs, interfaces, icons, other content, software, computer code, data, trademarks, logos, slogans, hotel names, documentation, other components, and the design, selection, and arrangement of content is exclusively the property of GreenTree or, as applicable, its suppliers and licensors, and is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, or any other intellectual property belonging to GreenTree or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The Site may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.
- Use of the Site; Compliance with Laws.
- You may download and print one copy of the Site’s visible content for your personal and noncommercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notices.
- You may not otherwise copy, reproduce, display, duplicate, sell, publish, post, license, distribute, or create derivative works of the Site or any part of the Site without the prior written consent of GreenTree. You may not use the Site for unlawful purposes. You may not access, use, or copy any portion of the Site or its content through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms. You may not use the Site to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information. User activities that aim to render the Site or associated services inoperable or to make their use more difficult are forbidden. You may not submit inaccurate information via the Site, commit fraud or falsify information in connection with your use of the Site, or act maliciously against the business interests or reputation of GreenTree.
- You are responsible for complying with all local, state, and federal laws and regulations that apply to your use of the Site.
- Availability. The prices and availability made available on the Site may change at any time without notice to you. Prices remain valid while they are listed and offered on the Site. Prices will be as posted on the Site as of the date and time of your reservation, as applicable. All reservations placed through the Site are subject to our booking policies and terms or those of the individually owned franchise location, as applicable.
- Rewards Program. In order to enroll in our rewards program you must: (i) be at least the age of majority in your country and, if applicable, state, of residence; and (ii) have a valid email address. To enroll in our loyalty program, go to www.GreenTreeGiveBackRewards.com. Participation in our loyalty program is subject to our Rewards Program Terms.
- NO WARRANTY. The Site is provided “AS IS,” “AS AVAILABLE,” and without any warranty of any kind. GreenTree makes commercially reasonable efforts to ensure that all material, information, and data on the site is accurate and reliable, but accuracy cannot be guaranteed. GreenTree does not guarantee the quality, completeness, timeliness, or availability of the Site. GreenTree does not warrant that the Site will be uninterrupted or error-free, that any defects in the site will be corrected, or that the Site or the servers that make the Site available are free of viruses or other harmful conditions or components. GreenTree is not responsible for any typographical errors on the Site. To the maximum extent permitted by law, GreenTree expressly disclaims all warranties of any kind with respect to the Site, including without limitation those regarding availability, quality, accuracy, fitness for any use or purpose, compatibility with any standards or user requirements, title, and non-infringement. GreenTree has no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communication.
- NO LIABILITY. To the extent permitted by law, in no event will GreenTree or its affiliates, directors, officers, employees, representatives, consultants, agents, suppliers, or licensors be liable for any direct, indirect, special, incidental, exemplary, punitive, or consequential loss or damage, or any other loss or damage of any kind, arising out of or in connection with the Site or your use of the Site (including without limitation the input of personally identifiable and other information into the site), whether the claim is based in contract, tort (including negligence), strict liability, warranty, or otherwise, and even if GreenTree has express knowledge of the possibility of the loss or damage. Your sole and exclusive remedy is to stop accessing and using the Site. Without limiting the foregoing, in no event will GreenTree’s liability to you exceed $100, even if this remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions and limitations may not apply to you.
- Indemnification. You will indemnify, defend, and hold harmless GreenTree, its affiliates and their respective directors, officers, employees, representatives, consultants, agents, suppliers, and licensors from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, damages, expenses, and costs (including without limitation reasonable attorneys’ fees) that arise out of or in connection with your access to or use of the Site, your misuse of any material, data, or other information downloaded or otherwise obtained from the Site, your order of products and services through the Site, or your violation of these Terms. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.
- Feedback. GreenTree welcomes comments regarding the Site. If you submit comments or feedback to us regarding the Site, they will not be considered or maintained as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
- Governing Law. These Terms are governed by the laws of the State of Arizona, without regards for its conflict of law principles. Venue is exclusively in the state or federal courts, as applicable, with jurisdiction over Maricopa, Arizona, with respect to any dispute arising under these Terms unless otherwise determined by GreenTree in its sole discretion and the parties expressly agree to the exclusive jurisdiction of such courts. The United Nations Convention for the International Sale of Goods does not apply.
- Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read the following paragraphs carefully because they require you to arbitrate disputes with GreenTree and limit the manner in which you can seek relief from us.
- Applicability of Arbitration Agreement.
- Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity hereof, including the determination of the scope or applicability of this agreement to arbitrate (hereinafter, collectively, the "Dispute"), which cannot be resolved informally, shall be resolved by binding arbitration on an individual basis under the terms set forth below (the “Arbitration Agreement”). Notwithstanding the foregoing, in the event of any actual, alleged or threatened violation of confidentiality or violation of the GreenTree’s intellectual property or other proprietary rights, GreenTree may immediately resort to court proceedings in a court of competent jurisdiction as set forth above in order to seek immediate injunctive relief without posting of a bond, proof of damages or other similar requirement. The institution of any action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any claim seeking relief other than injunctive relief to arbitration.
- This Arbitration Agreement applies to you and GreenTree, and to any of our subsidiaries, affiliates, agents, employees, predecessors in interest, successors in interest, and assigns, as well as all authorized or unauthorized users or beneficiaries of the Site provided under the Terms.
- Arbitrator. The arbitration proceeding will be administered by the American Arbitration Association ("AAA") before an arbitrator selected pursuant to the AAA rules. The decision of the arbitrator will be final and binding. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The parties shall share equally in the costs assessed for the arbitration, and each party shall bear its own attorneys' fees and costs. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. The parties understand that they would have had a right or opportunity to litigate disputes through a court, to have a judge or jury decide their case, and to participate in a class action or other proceeding involving multiple claimants, but they instead choose and agree to have all disputes as set forth herein decided through individual arbitration.
- Place. The place of arbitration shall be in Maricopa County, Arizona, unless otherwise agreed to in writing by all parties to the arbitration. The parties acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. Sections 1–16, shall govern the interpretation, enforcement and proceedings pursuant to this Arbitration Agreement. The parties expressly agree that any and all actions taken under the Arbitration Agreement and related provisions, including but not limited to all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party,
- Survival. This Arbitration Agreement provision will survive the termination of the Agreement and your relationship with MSC.
- Time Limitation on Claims. The parties agree that they must initiate arbitration within one (1) year after any Dispute arose; otherwise, the Dispute is permanently barred.
- Applicability of Arbitration Agreement.
- Assignment. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign these Terms without our prior written consent.
- Third-Party Beneficiaries. These Terms do not confer any rights, remedies, or benefits upon any person other than you, except that our affiliates are third-party beneficiaries of these Terms.
- Survival. Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification or limitation of our liability) will continue in effect beyond any termination of these Terms or of your access to the Site.
- Electronic Communications. These Terms and any other documentation, agreements, notices, or communications between you and GreenTree may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.
- Contact Us. Please direct any questions and concerns regarding these Terms to us by email at firstname.lastname@example.org or by mail at 9089 E. Bahia Dr. Ste. 101, Scottsdale, Arizona 85260 .
Your use of the Site is at your own risk and you, alone, are responsible for any damage to your computer hardware, software, systems, and networks, any loss of data that results from the download of any information from the Site, and for any other damage that may be incurred. We make no representation that the Site is appropriate or available for use in locations other than the United States. If you choose to access the Site from locations other than the United States, you do so at your own risk and you are responsible for complying with applicable laws and regulations. No advice or information, oral or written, obtained by you from GreenTree or in any manner from the Site creates any warranty.
Last Updated: November, 2016
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