Terms of Use

Welcome to the SLX Hospitality website www.slx-hospitality.com (the “Website”), owned and operated by SLX Hospitality and its affiliates (“SLX Hospitality”). Except as otherwise noted herein, these terms and conditions (the “Terms”) govern your use of the SLX Hospitality Website and SLX Hospitality’s services, applications, content and products (collectively, the “Website”). Please read these Terms carefully because your use of the Website constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Website. SLX Hospitality reserves the right to make changes to the Website and to these Terms from time to time. When we make changes, we will post them here. For this reason, we encourage you to review these Terms whenever you use our Website because by visiting the Website, you agree to accept any such changes.

SLX Hospitality provides you with access to and use of the Website subject to your compliance with the Terms. No material from the Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Website. The Website, including all of its information and content, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, software and the HTML used to generate the pages (collectively, “Materials and Content”), is SLX Hospitality property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided on the Website or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit or distribute any Materials and Content from this Website in whole or in part, for any public or commercial purpose without the specific prior written permission of SLX Hospitality.

We grant you a personal, limited, nonexclusive, nontransferable license to access the Website and to use the information and services contained here solely for your personal, noncommercial use as described below. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Website and to terminate, change, suspend or discontinue any aspect of the Website, including, but not limited to, the Materials and Content on the Website as well as features and/or hours of availability of the Website, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Website or restrict your access to part, or all, of the Website without notice or penalty.

We have the right to change these rules and/or limitations at any time, in our sole discretion.

SECURITY RULES

Violations of system or network security may result in civil or criminal liability. SLX Hospitality investigates violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, the following:

• Accessing data not intended for you or logging on to a SLX Hospitality server or account that you are not authorized to access
• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt)
• Attempting to interfere or interfering with the operation of our Website, our provision of services to any other visitors to our Website and our hosting provider or our network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding,” “email bombing” or “crashing” the Site
• Forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to our Site

MY ACCOUNT

Certain areas of the website may require registration or may otherwise ask you to provide information to participate in certain features or to access certain content. The website’s practices governing your personal information are disclosed in our Privacy Policy. The decision to provide this information is purely voluntary and optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain features of the website. When you provide information to the website, you agree to provide only true, accurate, current and complete information.

If you register with the website, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the website using your name in whole or in part. Company may, in its sole discretion, and at any time, with or without notice, terminate your password and membership, for any reason or no reason at all.

COPYRIGHT NOTICE

SLX Hospitality respects the intellectual property of others, and we ask our users and visitors to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide SLX Hospitality’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. § 512 (“DMCA”). Please be advised that to be effective, the Notice must include ALL of the following:

• Your name, address, telephone number, and email address;
• A description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
• The exact url or a description reasonably sufficient to permit company to locate where the alleged infringing material is located;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notices of claimed copyright infringement and counter-notices should be directed to:

By email: cs@slx-hospitality.com

Upon receipt of notices complying with the DMCA, SLX Hospitality will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.

It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.

We may give you notice that we have removed or disabled access to certain content or material. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following: (1) your physical or electronic signature; (2) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; (3) statement from you under the penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (4) your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a U.S. Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which SLX Hospitality may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

PRIVACY POLICY

Notwithstanding anything else to the contrary contained in these Terms of Use, SLX Hospitality’s use of any personally identifiable information (name, etc.) you provide via the Website shall be governed by our Privacy Policy. For further information regarding SLX Hospitality’s protection of your personal information, please refer to our Privacy Policy page.

LINKING POLICY

If you link to this Website, we require that you follow these guidelines. You may link only to the home page, and the link must be in plain text, unless otherwise approved in writing by an authorized representative of company. The link to this Website must not damage, dilute or tarnish the goodwill associated with any company names and/or intellectual property, nor may the link create the false appearance that your Website and/or organization is sponsored, endorsed by, affiliated and/or associated with company. You may not “frame” this Website or alter its intellectual property or material in any other way. You may not link to the Website from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise deemed inappropriate, as determined by company in its sole discretion. Company reserves the right, in its sole discretion, to terminate a link with any website for any reason or no reason at all, including without limitation any website that company deems to be inappropriate or inconsistent with or antithetical to this Website and/or these terms.

Company is not responsible for the content or performance of any portion of the internet including other world wide websites to which this Website may be linked or from which this Website may be accessed. Users are requested to inform company of any errors or inappropriate material found on websites to which this Website is or may be linked.

INTERNATIONAL USE

We control and operate the Website from the United States, and all information is processed within the United States. We do not represent that materials on the Website are appropriate or available for use in other locations. Please refer to the International Orders page on the Website for more information. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site.

Software that may be downloaded from the Website is subject to export controls under the laws and regulations of the United States. By visiting and using our Website, you acknowledge that you are not a national of, or resident within, any of the countries that are subject to trade embargo under these laws and regulations (currently, Cuba, Iran, North Korea, Sudan and Syria) or listed on any of the United States government’s lists of prohibited and restricted parties.

PRODUCT INFORMATION

Although SLX Hospitality has made every effort to display our products and their colors as accurately as possible, the displayed colors of the products depend upon the monitor of the user, and SLX Hospitality cannot guarantee that the user’s monitor will accurately portray the actual colors of the products. Products displayed may be out of stock or discontinued. SLX Hospitality is not responsible for typographical errors.

NOTICE TO CALIFORNIA RESIDENCE

California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits. These warnings relate to some but not all tools, lead crystal glassware, ceramic tableware, tiffany style lamps, and electrical cords. Please call us prior to ordering if you have any questions regarding the safety of these products.

Pursuant to California Civil Code Section 1789.3, SLX Hospitality provides users of the Websites with the following notice: You may report complaints to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.

INDEMNITY

You agree to defend, indemnify and hold SLX Hospitality, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Website, your violation of the Terms or the posting or transmission of any materials on or through the Website by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third-party proprietary right.

GOVERNING LAW AND DISPUTES

These Terms shall be governed by, construed and enforced in accordance with the laws of the State of New York, without giving effect to any conflict of law provisions. Any dispute relating in any way to these Terms, your visit to the Website, or to any purchase, return or other transaction with SLX Hospitality shall be submitted to confidential arbitration in New York, New York. However, if you have in any manner violated or threatened to violate any SLX Hospitality Intellectual Property right, we may seek injunctive or other appropriate relief in any state or federal court in the state of New York. You consent to exclusive jurisdiction and venue in these courts. Any arbitration under this agreement and these Terms shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, we agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

GENERAL INFORMATION

These Terms constitute the entire agreement between you and SLX Hospitality and govern your use of the Website, and they supersede any prior agreements between you and SLX Hospitality. You also may be subject to additional terms and conditions that are applicable to certain parts of the Website. SLX Hospitality may terminate this Agreement and deny you access to the Website at any time, immediately and without notice, if in SLX Hospitality’s sole discretion, you fail to comply with any provision of these Terms.

You agree that no joint venture, partnership, employment or agency relationship exists between SLX Hospitality and you as a result of this Agreement or your use of the Site.

Any claim or cause of action you may have with respect to SLX Hospitality or the Website must be commenced within one (1) year after the claim or cause of action arose.

The failure of SLX Hospitality to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.

You may not assign the Terms or any of your rights or obligations under the Terms without SLX Hospitality’s express written consent. The Terms inure to the benefit of SLX Hospitality’s successors, assigns, affiliates and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect. To contact us with any questions or concerns in connection with these Terms or the Website, or to provide any notice under these Terms to us, please refer to our Contact Us page.

ABILITY TO ACCEPT TERMS

You affirm that you are 13 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms, and to abide by and comply with these terms.

If you have any questions, comments or concerns about our website or these terms of use, you may contact us at cs@slx-hospitality.com

Last updated November 1, 2016