PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE, FELCOR.COM.
The following terms and conditions apply to FelCor Lodging Trust Incorporated("FelCor Lodging Trust") this website and any other website owned and/or operated by or on behalf of FelCor Lodging Trust (the “Site”), FelCor Lodging Trust maintains this Site for your personal entertainment, information, education, and communication. Please feel free to browse the Site; provided, however, that by accessing and browsing this Site, you acknowledge and agree, without qualification or limitation, to be bound by these terms and conditions of use ("Terms"), which are a legally binding contract between you and FelCor Lodging Trust. If you do not agree to the Terms, please do not use felcor.com. We reserve the right, at our discretion, to change, alter, modify, add, or remove any of the Terms at any time. Please check the Terms periodically for changes. Your continued use of this Site following a modification to the terms will signify your acceptance of such modifications.
- You can copy and download certain materials from this Site for your non-commercial, personal use, namely the Adobe (.pdf) files and any press releases, SEC filings or investor-related documents specifically made available on this Site for copying or download, provided that you retain all copyright and other proprietary notices on such materials. No material from this Site, or any other site owned, operated, licensed, or controlled by FelCor Lodging Trust, may be copied, reproduced, republished, posted, transmitted, or distributed in any way, for public or commercial purposes. Use of the materials for any other purpose is a violation of FelCor Lodging Trust’s copyright and other proprietary rights.
- You should assume that all information or materials you see or read on this Site are copyrighted unless otherwise noted and, therefore, may not be used except as provided in these Terms or in the text of the Site without the written permission of FelCor Lodging Trust. FelCor Lodging Trust neither represents nor warrants that your use of materials displayed on the Site will not infringe upon the rights of third parties not owned by or affiliated with FelCor Lodging Trust.
- Images of people, places and things displayed on this Site are either the property of, or used with permissions by, FelCor Lodging Trust. You are prohibited from using these images unless such use is specifically permitted by these Terms or the specific language of the Site. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
- While FelCor Lodging Trust uses reasonable efforts to include accurate and timely information on this Site, FelCor Lodging Trust makes no representations or warranties as to the accuracy of such information. FelCor Lodging Trust assumes no liability or responsibility for any errors or omissions in the content of the Site. You understand that all information, data, text, software, music, sound, photographs, graphics, audio, video, messages or other materials, whether publicly posted or privately transmitted, are owned by FelCor Lodging Trust or its licensors. FelCor Lodging Trust does not guarantee the accuracy, integrity or quality of any such information. This Site’s content may have originated from FelCor Lodging Trust or third parties and is made available to you as a courtesy to assist you in making an informed decision. This Site’s content is present only as of the date published or indicated and may be superseded by subsequent events or for other reasons. Product or service offerings, prices, terms and other information provided herein are subject to change without notice. You should ascertain the appropriateness of any product or service as it may pertain to your intended purpose and needs.
- FelCor Lodging Trust is pleased to hear from its guests and customers and welcomes your comments regarding various FelCor Lodging Trust products and services, including this Site. We value your feedback and request that you be specific in your comments on our products and services to ensure that we will be better able to serve you in the future. Nevertheless, if you transmit any communications, materials, ideas, suggestions, or submissions, including, but not limited to, creative suggestions, ideas, notes, drawings, concepts, business proposals, or other information (collectively, "Communications"), the Communications shall be deemed non-confidential and non-proprietary (even if you mark them "confidential" or "proprietary"). Any such Communications shall become the property of FelCor Lodging Trust and may be used for any purpose, including, but not limited to, reproduction, disclosure, publication, broadcast, posting and commercial exploitation. Furthermore, FelCor Lodging Trust is free to use any ideas, concepts, know-how, or techniques contained in any Communications that you send to us for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing commercial products using or based upon such information, without compensation to the provider of the Communications.
- The trade names, trade dress, trademarks, logos, and service marks and other indicia of source (collectively the "Trademarks") displayed on this Site are registered and unregistered trademarks of FelCor Lodging Trust and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of FelCor Lodging Trust or such third party that may own the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms, is strictly prohibited. You are also advised that FelCor Lodging Trust will aggressively enforce its intellectual property rights to the fullest extent of the law.
- THE INFORMATION AND MATERIALS ON OR FROM THIS SITE ARE PROVIDED "AS IS", “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FELCOR LODGING TRUST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding exclusions of implied warranties. FelCor Lodging Trust does not represent nor warrant that the operation of this Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or other harmful components. By use of this Site, you assume the entire cost of all necessary servicing, repair, or correction. FelCor Lodging Trust assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property as a result of your access to, use of, or browsing in this Site or your downloading of any information, materials, data, text, images, video, or audio from the Site. The information made available to you on this Site does not constitute tax, legal or investment advice, or advice of any kind. Please carefully consider the investment objectives, risks, charges, prospectus and other expenses before making any investments. You are solely responsible for determining whether any investment or other product or service is appropriate or suitable for you based on your investment objectives and personal and financial situation.
- Under no circumstances, including, but not limited to, negligence, shall FelCor Lodging Trust be liable for any special or consequential damages that result from the use of, or the inability to use, the information or materials on or from this Site. In no event shall FelCor Lodging Trust's total liability to you for all damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you for accessing this Site.
- The Site may provide, or third parties may provide, links to other World Wide Web sites or resources. The information provided to you in the links on this Site are provided solely for informational purposes only. The results are not guaranteed to be accurate and are in no way endorsed, offered or guaranteed by FelCor Lodging Trust. Your correspondence or business dealings with, or participation in promotions of, any advertisers or other persons found on or through your use of this Site, including payment and delivery of related goods or services and contracts for services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers or persons. You agree that FelCor Lodging Trust shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or persons in conjunction with this Site. Unless you have agreed otherwise in writing with FelCor Lodging Trust, links from another website to this Site must resolve to the top-level homepage only.
- You will not upload onto this Site, or otherwise use this Site or any products or services provided by FelCor Lodging Trust, for any destructive or unlawful purposes including, but not limited to, the dissemination of computer viruses, libelous or inflammatory materials, pornographic or obscene information, invasion of privacy, stalking or harassment, abuse, tortious conduct, hateful or racially, ethnically or otherwise objectionable material, or any works infringing upon the patents, copyrights, trademarks, trade secrets or other proprietary rights of third parties. You will not download any portion of the operating software for this Site or otherwise control its operation. You will not impersonate any person or entity, including, without limitation, one of FelCor Lodging Trust’s employees, or falsely state or otherwise misrepresent your affiliation with a person or entity. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through this Site. You will not upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, using this Site. You will not upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment using this Site. You will not interfere with or disrupt this Site or servers or networks connected to this web site, or disobey any requirements, procedures, policies or regulations of networks connected to this Site. You will not collect or store personal data about other users of this Site. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of this Site or any products or services referenced on this Site. You may not obtain or attempt to obtain unauthorized access to any portions of this Site or any other protected materials or information requiring passwords or login, through any means not intentionally made available by FelCor Lodging Trust for your specific use. IMPROPER USE OF THIS SITE MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES.
- Certain portions of this Site may be protected by passwords or require a login. If you have been given a password or other PIN for access to non-public areas of this Site, you are solely responsible for all activities occurring in connection with or originating from such password or PIN. You should take steps to protect the confidentiality of such password or PIN and notify FelCor Lodging Trust immediately if you become aware of any disclosure, loss, theft or unauthorized use.
- You hereby agree to indemnify, defend and hold FelCor Lodging Trust and its affiliated companies, and all officers, directors, owners, agents, affiliates, licensers and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs (including reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach of these Terms by you. You shall use your best efforts to cooperate with FelCor Lodging Trust in the defense of any claim; provided, however, that FelCor Lodging Trust reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
- Unless otherwise specified herein, the information and materials on this Site are presented solely for the purpose of promoting products or services of FelCor Lodging Trust, which are available in the United States, its territories, possessions, and protectorates. This Site is maintained and operated by FelCor Lodging Trust from its offices in Irving, Texas of the United States of America. FelCor Lodging Trust makes no representation that the products or services promoted on this Site are available in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. No software from this Site may be downloaded or otherwise exported or reexported into (or to a national or resident of) any countries that are subject to U.S. export restrictions. By downloading or using software from this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any country that is subject to U.S. export restrictions. Nothing on this Site shall be considered a solicitation to buy or any offer to sell a security, or any other product or service, to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful under the laws of such jurisdiction.
- FelCor Lodging Trust shall not be deemed to have waived any rights hereunder unless such waiver is in writing signed by a duly authorized officer of FelCor Lodging Trust. FelCor Lodging Trust reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any products or services offered on this Site with or without notice. You agree that FelCor Lodging Trust shall not be liable to you or to any third party for any modification, suspension or discontinuance of this Site or any products or services offered on this Site. All areas of this Site may currently be made available without charge; however, FelCor Lodging Trust reserves the right to charge viewers and/or users for access to or use of any portion of this Site in the future, without prior notice.
- These terms are effective until terminated by either party. You may terminate these terms at any time by providing FelCor Lodging Trust with 60 days prior written notice of your intent to terminate and, within such 60 days period, destroying all materials obtained from any and all FelCor Lodging Trust site(s) and all related documentation and all copies thereof in your possession or control. These terms may be terminated by FelCor Lodging Trust, in FelCor Lodging Trust's sole discretion, at any time and with no notice thereof, and upon your notification of such termination, you must destroy all materials obtained from this Site or any other FelCor Lodging Trust site(s) and all copies thereof in your possession or control.
- These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law, and applicable laws, regulations, treaties and international conventions of the United States of America. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in Dallas, Texas. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The Terms are the entire agreement between us relating to the Site and your use thereof.
- If you would like to contact FelCor Lodging Trust, please contact Corporate Communications at 545 E. John Carpenter Freeway, Suites 1300, Irving, Texas, 75062.
These Terms were last modified on August 11, 2005.