Terms of Use

Terms of Use

Updated: May 16 , 2024

This website (the “Site”) is operated by The Madison Concourse Hotel (“Concourse,” “we,” “our,” or “us”). The following terms and conditions of use (the “Terms of Use”) govern your access to and use of the Site. All pages within the Site and any information, material, or content made available on or through the Site are subject to these Terms of Use.

Your use of the Site indicates your agreement to be bound by these Terms of Use. These Terms of Use apply only to your use of the Site and do not apply to any other third-party website or any Concourse service or product. Your use of the Site and services offered through the Site may be governed by additional terms and conditions, including without limitation, Concourse’s cancellation and deposit policies. To the extent that there is any conflict between these Terms of Use and any terms and conditions or agreements relating to services or products you receive from Concourse, those other terms and conditions or agreements will govern.

If you do not agree to the Terms of Use, we kindly ask you to not access or use the Site.

Your Use of the Site

You are granted a limited, non-exclusive, revocable right to access and use the Site solely for personal use, to receive Concourse services or products, or to provide Concourse with services or products. This right does not include the right to, and you shall not (nor shall you facilitate, direct or assist a third party to):

  • Modify, reproduce, or resell any part of the Site’s content or data (excluding your personal information), or otherwise commercially exploit any of the Site’s content or data (even if that content or data is provided by a third party);
  • Access, tamper with, or use non-public areas of the Site or Concourse’s computer systems;
  • Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;
  • Access or search or attempt to access or search the Site by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Concourse;
  • Use any robot, spider, data miner, script, or other automated, semi-automated, or similar means (whether technological or human) to extract or gather data from the Site, or otherwise collect, gather, extract, scrape, or obtain any data or content from the Site for any commercial purpose other than obtaining products and services from Concourse or your own personal, non-commercial use;
  • Interfere with or disrupt, or attempt to do so, the access of any user, host, or network, including (without limitation) sending a virus, flooding, spamming, overloading, or mail-bombing the Site;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on, through or in connection with the Site;
  • Attempt to hide, or direct, facilitate or assist any third party in hiding your IP address to circumvent any of the restrictions in these Terms of Use, including without limitation, if any IP address you have been assigned or used is blocked or dropped by Concourse, you are hiding or switching your IP address to scrape or collect data and content from this Site, or you have received a cease and desist or other correspondence from Concourse related to any activity in violation of these Terms of Use that requires you to cease accessing or using the Site;
  • Use the Site or any of its content in any manner other than the manner in which it is intended to be used, unless you first obtain Concourse’s express written consent; or
  • Use the Site or its content for any purpose prohibited or restricted by law.

Except for the limited right expressly granted to you in these Terms of Use, Concourse and its licensors expressly reserve all other rights and licenses. For the avoidance of doubt, nothing in this Section shall restrict legitimate search engine providers (i.e., Google, Yahoo, Bing, etc.) from spidering the Site for the purpose of generating search results in any such search engine.

Right to Cancel / Errors / Mistakes

The Site may contain technical inaccuracies and typographical or other errors in connection with information displayed on the Site, including, without limitation, rates, fees, stay details, or availability applicable to your transaction. Concourse assumes no responsibility or liability for such errors, inaccuracies, or omissions. To the extent permitted by the applicable law, Concourse shall have the right not to honor reservations or information affected by such errors, inaccuracies, or omissions and/or make changes, corrections, cancellations, and/or improvements to such information or reservations based on such information, at any time, including after confirmation of a reservation.

Reservations

You may only make reservations for yourself and your invited guests or for an individual for whom you are authorized in advance to act. In the event of a change in the number, age, or other details of guests you provide when making a reservation, you may be responsible for additional charges. You may not make reservations for any other purpose, including without limitation for purposes of reselling rooms, reservations or other benefits, posting, marketing, advertising, or otherwise distributing rooms, reservations, benefits, or availability (including without limitation on third-party web sites), making false, fraudulent, or speculative reservations, reserving rooms in anticipation of demand, making reservations for purposes of reselling rooms, or in an attempt to circumvent Concourse practices, policies, terms or conditions. You may not use this Site to make reservations related to any commercial activity (unless specifically permitted by the hotel) or any unlawful activity. Reservations made, sold or transferred in violation of these Terms of Use may be cancelled without advance notice in Concourse’s sole discretion.

Certain rates are offered only to members of a designated group. Additionally, at certain times or on certain dates, reservations at the Concourse may require a minimum length of stay, and that may affect whether a hotel appears to have availability. Concourse is only obligated to honor such rates for qualifying individuals or stays. It is up to you to verify that you qualify for the rate that you have booked. You may be required to establish that you qualify either at the time of reservation or check-in. If you cannot establish that you qualify, Concourse reserves the right in its sole discretion to cancel your reservation and/or charge the publicly available rate for your stay.

Cancellation and Deposit Policies

All reservations are subject to the Concourse’s cancellation and deposit policies. Please review the applicable cancellation and deposit policies during the reservation process.

No Arrangements for Prohibited Persons

The United States Department of Treasury maintains and publishes lists of “prohibited persons” who are government officials, residents of certain embargoed countries, terrorists or drug traffickers (“Sanctions”). There are limits on Concourse’s ability to provide services to those prohibited persons pursuant to the Sanctions. You agree you are not a prohibited person and you agree not to make arrangements for any such prohibited persons to stay at, use or tour Concourse, unless such prohibitions do not apply to the location, pursuant to a license, permit, or exclusion under the Sanctions.

Termination / Suspension

You agree that Concourse may issue a warning, temporarily suspend, indefinitely suspend, or terminate your right to use or access all or any part of the Site, without notice, for any reason in Concourse’s sole discretion, including, without limitation, violation of these Terms of Use or Concourse’s belief that your use or access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, Concourse, another user, or any third party.

Privacy

By accessing and using the Site, you agree to the terms of Concourse’s privacy policy (“Privacy Policy”) available here, which are incorporated into these Terms of Use by reference. You are also expressly agreeing and consenting to the collection and use of your personal information and other data as set forth (and more fully described) in the Privacy Policy.

Trademarks

Concourse, or third parties from whom Concourse has permission, own the trademarks and service marks that are used on the Site. All rights are reserved by Concourse and said third parties, and no implied rights are granted to you or any third parties. These and other graphics, logos, service marks, trademarks, and trade dress of Concourse and its licensors may not be used without prior written consent of Concourse or its licensor, as the case may be. Without limiting the foregoing, no Concourse trademark or trade dress may be used in connection with any product or service that is not Concourse’s, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Concourse.

Copyright and Other Proprietary Rights

Concourse, or third parties from whom Concourse has permission, own the Site and all content that is used on the Site. All proprietary content and materials on the Site including, without limitation, the Site’s layout, organization, design, and any graphics, text, icons, audio, video, and the like are protected by copyrights, trademarks, service marks, trade secrets, and other proprietary rights and laws. You agree to comply with all applicable laws by not copying or using this proprietary content, except as allowed by these Terms of Use or by written consent of the owner of the proprietary rights.

You grant Concourse a perpetual, royalty-free, irrevocable, sub-licensable, assignable, and transferable license to any feedback, submissions, ideas, concepts, know-how, or techniques (excluding Your Content) that you submit to the Site or otherwise choose to share with Concourse through other communication channels for any purpose (including without limitation commercialization) and without compensation to you, subject only to Concourse’s Privacy Policy.

Digital Millennium Copyright Act (“DMCA”)

If you have reason to believe that material on the Site infringes your copyright, please contact Concourse’s DMCA Agent via the information below requesting that the infringing material be removed. Such notice must contain the following information:

A. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright;

B. A description of the work claimed to have been infringed, or a representative list of such works if the notice is intended to cover multiple works on the Site;

C. Identification of the allegedly infringing material and where the material is located on the Site;

D. Your contact information, including your name, address, telephone number, and email address;

E. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

F. A statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed.

Please send this written notice to our designated agent as follows:

DMCA Agent – Steve Zanoni

1 W. Dayton St.

Madison, WI 53703

Email: [email protected]

Minor’s Access to the Site

Individuals under the age of 18 (“Minors”) are not permitted to use the Site without the supervision of a parent or legal guardian. In addition, you must be at least 18 years old to check into the Concourse. For more information regarding the collection of personal information, please see our Privacy Policy.

Third-Party Sites

The Site may contain links to other unrelated websites on the Internet. Concourse is not responsible for and has no obligation to review the content, accuracy, copyright compliance, decency standards, or other materials on such websites. These Terms of Use do not apply to such unrelated websites and you should review the privacy policy and terms of use for any Site that you visit. Concourse makes no representations or warranties regarding the security of any information you make available to such websites. Concourse is not liable for any losses or damages incurred as the result of your business dealings with such third parties.

Disclaimer of Warranties

THE SITE, INCLUDING ANY CONTENT PROVIDED THROUGH THE SITE, MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CONCOURSE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SITE OR CONTENT CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL SUCH CONTENT ON THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. CONCOURSE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE AND CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CONCOURSE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR THE LOSS OF USE OR REPLACEMENT OF DATA, OR LOST PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR ANY OF ITS CONTENT, INCLUDING YOUR CONTENT AND ANY SUBMISSION THEREOF, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF CONCOURSE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE TERMS OF USE, TO THE EXTENT PERMISSIBLE BY LAW, CONCOURSE’s AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES OR WARRANTIES. ACCORDINGLY, SOME OF THE EXCLUSIONS AND LIMITATIONS ABOVE MAY NOT APPLY.

Indemnification

You agree to indemnify, defend, and hold harmless Concourse, its officers, representatives, directors, employees, consultants, third-party suppliers, and agents from any and all losses, expenses, third-party claims, liabilities, damages, and costs (including, without limitation, attorneys’ fees) arising from or directly or indirectly related to: your use of the Site; your use of the services provided through the Site; your use of any material, information, data downloaded or otherwise obtained from the Site; or your violation of these Terms of Use, including without limitation, your infringement of any intellectual property or other right of Concourse or any other person or entity.

Notice

Concourse may deliver notice to you by means of e-mail, a general notice on the Site, or by other reliable method to the address you have provided to Concourse.

Interpretation and Disputes

These Terms of Use are governed by the laws of the State of Wisconsin, without regard to any conflict of laws provisions. Venue shall be exclusively in the state or federal courts located in Madison, Wisconsin with respect to any dispute arising under these Terms of Use. If any provision of these Terms of Use is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator shall modify such provision to the minimum extent necessary to make such provision enforceable and valid. Should such modification prove impossible or impracticable, then the provision shall be severed and the remaining terms of these Terms of Use shall be interpreted and read to give them maximum enforceability. Any cause of action or claim with respect to the Site must be commenced within two (2) years after the action or claim arises or is discovered.

Entire Agreement

These Terms of Use and Concourse’s Privacy Policy constitute the entire agreement between you and Concourse relating to the subject matter herein, and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Notwithstanding the foregoing, certain services and products accessible through the Site may have their own terms and conditions that apply to that particular service or product, such as terms and conditions of sale. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Concourse. These Terms of Use will inure to the benefit of Concourse’s successors and assigns.

Security of Your Personal Information

Concourse has implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Unfortunately, the transmission of information via the internet is not completely secure. We urge you to take every precaution to protect your personal information when you are on the internet. Although we will take reasonable efforts to protect your personal information, we cannot guarantee the security of such information transmitted through the Site. Any transmission of your personal information is at your own risk. We are not responsible for the circumvention of security measures implemented by Concourse.

Electronic Communications

You acknowledge that these Terms of Use are a valid and binding agreement. To the fullest extent permitted by law, you agree that these Terms of Use and any other documentation, agreements, notices, or communications between you and Concourse may be provided to you electronically. Please print a copy of all such documentation, agreements, notices, or other communications for your reference.

Changes to the Terms of Use or Site

Concourse reserves the right to change, modify, or discontinue the Site or any portion of the Site, including any and all content, at any time, without notice to you. Concourse reserves the right to modify or amend these Terms of Use at any time. All changes will be effective immediately upon their posting on the Site. By accessing the Site after any changes to these Terms of Use, you agree to all such changes, regardless of whether you receive an email.

Contact

To ask questions or comment about these Terms of Use, we may be contacted at: [email protected]


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