TERMS & CONDITIONS
These Terms & Conditions are applicable to the website, Auction and Lottery of the Texas A&M University Hotel & Conference Center Guest Room Options (GROs) and are also applicable to all tools, documents, applications and other services, including the services offered under the brands Texas A&M University Hotel & Conference Center (TAMUHCC), Texas A&M University, The Texas A&M University System and Allyn Media. Collectively, we call all of these websites, tools, documents and applications, the “Services.” Please read this document carefully as it is a legally binding agreement between you and your heirs and representatives (collectively, “you” or “your”), Allyn Media and TAMUHCC (Allyn Media and TAMUHCC collectively referred to as “we,” “our,” or “us,”).
1. ACCEPTING THESE TERMS & CONDITIONS AND CHANGES TO THESE TERMS & CONDITIONS
By accessing or using the Services, you are agreeing to these Terms & Conditions and entering into a legally binding agreement with us. If you do not agree to these Terms & Conditions, you may not use the Services or create an account (a “TAMUHCC Account”). We may make changes to these Terms & Conditions from time to time, so be sure to check this page regularly.
2. ELIGIBILITY AND REGISTRATION
You must be at least 18 years old or, if in your jurisdiction the age of majority is above 18 years old, you must be at or above the age of majority in your jurisdiction, to use the Services.
If you want to participate in any of the Auctions and/or the Lottery process, you will have to register with us by filling out the appropriate forms and making a $5,000 deposit for the Lottery or a $10,000 deposit for the Auctions. After receipt of the deposit, you will be provided with a username and password for you to log in. You agree to only provide information that is accurate and truthful, and to keep it accurate and updated. It is your responsibility to maintain the confidentiality and security of your account information, and to notify us immediately if you learn of any unauthorized use of your account or information. You may not share your password with unaffiliated third parties. You are fully responsible for all uses of your password, TAMUHCC Account and username, and registration, whether by you or others. We are authorized to act on instructions received through use of your TAMUHCC Account or registration, and are not liable for any loss or damage arising from your failure to comply with this Section. Your registration and Auction and/or Lottery participation are subject to our review and approval and we reserve the right not to approve, or withdraw our approval of, your registration or Auction and/or Lottery participation for any reason or no reason.
By providing your information, you consent to us contacting you about your interest in us or the Services by email, phone, or through any other contact information you have chosen to provide. You may opt out of marketing by emailing the TAMUHCC sales team.
3. YOUR LICENSE TO USE THE SERVICES
The Services are owned exclusively by us. However, we grant you a limited, nonexclusive, nontransferable license to access and use the Services only as expressly permitted in these Terms & Conditions. You will not use, copy, screenshoot, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms & Conditions. Any violation by you of these license provisions may result in the immediate termination of your account and forfeit of your deposit. We reserve all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws.
4. SERVICE RULES
There are a number of rules you must follow to use the Services. These rules are designed to keep the Services safe and enjoyable for all users. You agree not to use the Services in any way that:
- Violates these Terms & Conditions;
- Allows you to scrape, monitor, or copy any part of the Services in an automated way, using any robot, scraper, or other method of access other than manually accessing the publicly available portions of the Services;
- Violates the restrictions in any robot exclusion headers of the Services, or bypasses or circumvents other measures to prevent or limit access to the Services;
- Creates any derivative works from the Services;
- Competes with our business or impacts our revenue;
- Impairs our computer systems or transmits software viruses, worms, or other harmful files;
- Interferes with any other party’s use and enjoyment of the Services;
- Attempts to gain unauthorized access to the Services;
- Uses any part of the Services in unsolicited mailings or spam material;
- Violates any third party’s rights, including copyright, trademark, privacy rights, or any other intellectual property or proprietary rights;
- Threatens, stalks, harms, or harasses others, misleads or deceives others, promotes bigotry or discrimination, defames others, or is otherwise objectionable;
- Solicits personal information, promotes illegal substances, or submits or transmits pornography;
- Violates any laws.
5. AUCTION EVENTS
All Auction events have a starting bid price established by TAMUHCC and will be awarded to the highest bidder at or above the minimum bid amount. Participants must bid at or above the bid increments set by TAMUHCC for each auction. Suite auction participants must bid at or above $5,000 increments and 8th Floor Guest Room auction participants must bid at or above $1,000 increments.
No two bidders may bid the same amount. If you attempt to bid the same amount as another participant, your bid will be rejected and you will be given the opportunity to submit a new bid. In each auction, there is a “winning threshold” that determines who are the top bidders that will get to choose their room and they are as follows: in the Century Penthouse Auction, the top two bidders win; in the Spirit Hospitality Suite Auction, the top three bidders win; in the Kyle Field Corner Suite Auction, the top four bidders win; in the MSC Corner Suite Auction, the top four bidders win; in the 8th Floor Standard King Guest Room Auction, the top 20 bidders win; and in the 8th Floor Standard Double Queen Guest Room Auction, the top 15 bidders win. Any bid under the winning threshold will be rejected.
6. LOTTERY EVENTS
Two Lottery events will be conducted after all Auctions have closed for remaining guest room types including: Standard King Rooms and the Standard Double Queen Room on floors 3-7. GROs for these rooms will be awarded through two separate Lotteries. TAMUHCC will enter anyone who has requested to participate in the Lottery and paid the deposit in full into the Lottery of their choice. If you would like to be entered into both lotteries, you will be required to pay a deposit for each Lottery event. Placing a deposit or entering a Lottery does not guarantee you will secure a GRO. Winning participants will have the ability to select their room type based on the order in which their name was drawn. At the conclusion of the two Lotteries and upon the finalization of all the room assignments, Lottery participants who were not selected will have the option of having their deposit refunded in full or keep their name on the waiting list for first available GROs.
All drawings are final unless upgrade opportunities are presented based on participant withdrawal. Participants agree to make a flat donation amount as set by TAMUHCC for all room types entered into the Lottery.
7. YOUR BIDS AND SUBMISSIONS
You are solely responsible for all bids and submissions you make through the Services, including without limitation to or through the Auctions or Lotteries (collectively, “Submissions”). Your Submissions may be identified by your username, bidder number, or name and may be linked to your TAMUHCC Account and Auction profile. You acknowledge that once published, you cannot withdraw such Submissions.
You represent and warrant that you own or otherwise control all of the rights to your Submissions and that your Submissions will not violate these Terms & Conditions or cause injury to any other person or entity. We take no responsibility and assume no liability for any Submission provided by you.
In addition to complying with the rules specified in these Terms & Conditions, you agree to comply with the following rules when participating in the Auctions, Lotteries and/or making any Submissions. This list is not meant to be exhaustive, and we reserve the right to determine what types of conduct we consider to be inappropriate use of the Services. In the case of inappropriate use, we may take such measures as we determine appropriate, in our sole discretion. By way of example, and not as limitation, you agree to abide by the following rules when participating in the Auctions, Lotteries and/or making any Submissions:
- You agree that we are not liable for Submissions made by you or others;
- You agree to fulfill any option donation payments resulting from winning bids in the allotted time set forth in these Terms & Conditions;
- You understand that in the Century Penthouse Auction, the top two bidders win; in the Spirit Hospitality Suite Auction, the top three bidders win; in the Kyle Field Corner Suite Auction, the top four bidders win; in the MSC Corner Suite Auction, the top four bidders win; in the 8th Floor Standard King Guest Room Auction, the top 20 bidders win; and in the 8th Floor Standard Double Queen Guest Room Auction, the top 15 bidders win. You agree that if your Submission finishes among this list, you are legally bound to fulfill that option donation payment;
- You understand that if you are not a highest bidder in any auction, you will be contacted to see if you would like to be entered into the Standard King Room Lottery or the Standard Double Queen Room Lottery for the remaining guest rooms;
- You understand that if your name is drawn in one of the Lotteries, you will be contacted in the order the names were drawn to pick your room;
- You understand that if you were not the highest bidder in any Auction and your name is not drawn in the Lottery, you will have the option to be placed on a waiting list or have your deposit returned;
- You agree that results of all Auctions and Lotteries are fair and final;
- You will not share viruses or files that have the capability of causing damage to another’s computer;
- You agree that we have the right to delete, modify or remove any Submissions, at any time in our sole discretion and that you are solely responsible to back up any such content;
- You agree that when you use the Services you do so at your own risk;
- You acknowledge that you have reviewed the GRO Agreement, the terms of which are incorporated herein by reference as if set forth in full, and agree to abide by its terms and conditions, should you be a winning bidder or if your name is drawn in one of the Lotteries;
- You acknowledge that the GRO Agreement is final and no alterations to the form will be permitted or negotiated; and
- You agree that if you are a winning bidder, you will execute the GRO Agreement within the time required by these Terms & Conditions.
While we may monitor Submissions, we are under no obligation to do so.
8. OPTION DONATION PAYMENTS AND EXECUTION OF GRO AGREEMENT
By using the Services and entering your Submission, you agree to execute the GRO Agreement within 10 days of receiving the room assignment. By using the Services and entering your Submission, you also agree to elect in the GRO Agreement to either make your option donation payment in full in the amount of the winning submission within 90 days of the Effective Date of the GRO Agreement or pay 50% of the Option Donation (minus the amount of the deposit already paid) on or before December 15, 2017 and the remaining 50% of the Option Donation on or before December 15, 2018. Failure to timely execute the GRO Agreement and make all option donation payments will result in the termination of your GRO and the forfeiture of your deposit and all payments made to date.
9. DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT ALL INFORMATION CONTAINED IN THE SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND THAT WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. We make no representations or guarantees that the Services are compatible with your equipment or that the Services, or any electronic communications sent by us or our affiliates, are error-free or will be free from loss, destruction, damage, interruption, corruption, attack, viruses, worms, or other harmful, invasive, or corrupted files, interference, hacking, or other security intrusion, and we disclaim any liability relating thereto. You agree that we have the right to change the content or technical specifications of any aspect of the Services at any time in our sole discretion. You further agree that such changes may result in your being unable to access the Services.
We make no guarantees, representations, or warranties that the Services or information available through the Services, or that the use of or result of the use of the Services, will be accurate, reliable, complete, current, uninterrupted, or without errors. Any documents, renderings, pictures, or other information available on the Services are for informational purposes only, and may not represent the exact suite or guest room. Since the Hotel construction will not be complete at the time of the Auctions or Lotteries, the posting of pictures or renderings on the Services does not constitute a guarantee that any items represented in the pictures will be present when an option holder enters into the GRO Agreement and uses the property.
You understand and acknowledge that the information provided through the Services is subject to change.
Some of the available content, services, and information may include materials that belong to third parties. You acknowledge that we assume no responsibility for such content, services, or information.
You understand and acknowledge that you are capable of evaluating the merits and risks of making an option donation payment and obtaining a GRO using the Services, and are able to bear any such risks. YOU ALSO ACKNOWLEDGE THAT YOU HAVE CONSULTED WITH, HAD THE OPPORTUNITY TO CONSULT WITH, OR WAIVE THE RIGHT TO CONSULT WITH, LEGAL AND TAX PROFESSIONALS RELATING TO THE LEGAL AND TAX CONSEQUENCES OF ENTERING INTO THE GRO AGREEMENT AND PAYING THE OPTION DONATION AMOUNT FOR THE GRO AND ANY DOCUMENTS USED IN CONNECTION WITH THE SERVICES.
10. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OUR SUBSIDIARIES, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICES, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold us, our subsidiaries, and affiliates harmless from any claim or demand, including costs, liabilities and legal fees, made by any third party arising out of or relating to: (i) your access to or use of the Services; (ii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iii) the content of your Submissions; or (iv) your breach of these Terms & Conditions. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate in such defense. You agree not to settle any matter in which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
12. PRIVACY STATEMENT
Personal Information. We do not collect personal information (such as names, addresses, telephone numbers, email addresses, or financial account information) from you when you browse the Services, unless you have specifically and knowingly provided us with personal information, e.g., by creating an account through the Services, updating your TAMUHCC Account profile, registering for or participating in an Auction or Lottery event, completing online forms, or entering into a transaction with us. This information may include, without limitation, information such as your first and last name, email address, telephone number, username, password, billing information, and other information exchanged in connection with GRO transactions. We also may acquire personal information from other sources such as offline records, publicly available information, or from third parties. We use this information to provide the Services and as discussed in this Privacy Statement.
Automatically Collected Information. We may automatically collect information about the computer or devices (including mobile devices) you use to access the Services, and your interactions with the Services. For example, we may collect and store information such as your browser type, IP address, language, operating system, location of your wireless device (e.g., latitude and longitude), the state or country from which you accessed the Services, unique device identifier (e.g., a UDID or IDFA on Apple devices like the iPhone, iPad and iTouch), the pages you view, length of time spent on pages, communications with other users through the Services, the Services you use and the manner in which you use such Services (e.g., the content you access, view, click on, search for, post, favorite, vote, follow, share, upload, or tag), the date and time of your visit, the websites you visited immediately before and after visiting our websites, error logs, and other hardware and software information, as well as other geographic and demographic information. We may use third party analytics providers and technologies, including cookies and similar tools, to assist in collecting this information. We may use this information to formulate statistical models about use of the Services, enhance the Services for our users, and provide you with information about new opportunities, and tailored content, advertising, marketing and as otherwise discussed in these Terms & Conditions. To the extent that such information is maintained in a manner that identifies your name or contact information, it will be treated as personal information; otherwise, such information will be treated as nonpersonal information.
13. TERMINATION OR STOPPING USE OF THE SERVICES
You can stop using the Services at any time and for any reason. If you terminate after an Auction closes and you are a winner or after you have been chosen in a Lottery, you will forfeit your deposit.
Without prior notice, we may revoke your registration, suspend your ability to use certain parts of the Services, and/or terminate your access to the Services at any time in our discretion. We may also modify, suspend, or discontinue the Services.
If you breach or threaten to breach any provision of these Terms & Conditions, in addition to terminating your right to use the Services, we shall be entitled to seek injunctive relief to enforce the provisions hereof, but nothing herein shall preclude us from pursuing any action or other remedy for breach or threatened breach of these Terms & Conditions. If we prevail in such action, we shall be entitled to recover from you all reasonable costs, expenses, and attorneys’ fees incurred in connection therewith.
In order to protect the Services, we reserve the right at any time to block users from certain IP addresses from accessing and using the Services. We may also request that you stop accessing or permanently destroy certain content or information available through the Services.
14. SERVICES AUDITING AND MONITORING
We reserve the right to audit and monitor (manually or through automated means) the use of the Services to ensure compliance with these Terms & Conditions and to maintain and improve the provision of the Services. We may terminate or suspend users’ TAMUHCC Accounts or delete, edit or remove content that we, in our sole discretion, deem illegal, offensive, abusive, in violation of these Terms & Conditions or our other policies, or otherwise inappropriate or unacceptable. All enforcement determinations are made in our sole discretion, and we will not incur any liability or responsibility if we choose to remove or delete any content.
You acknowledge, consent, and agree that we may access, preserve, and disclose information about your use of the Services, including your communications and content you submit, if required to do so by law or in a good faith believe that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms & Conditions; (iii) respond to claims that any content you submit violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of us, our users and the public.
We are able at any time to monitor the use of the Services and the content available on the Services. You agree that we may disclose information obtained through the Services in response to a legal request or as required by law. We can also make decisions to change or remove content, or suspend use of the Services, based on content submitted or available on the Services.
15. GENERAL TERMS
A. Notices and Electronic Communications. We may provide you with notices, including those regarding changes to these Terms & Conditions by email, regular mail, telephone or communications through the Services. When you use the Services, you consent to receive communications from us electronically and through each of the foregoing methods. By engaging in any telephone conversation with our agents or employees, you consent to our recording such telephone call. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store electronic communications such that they remain accessible to you in an unchanged form.
B. Compliance with Applicable Laws. The Services are controlled within the United States of America and directed to individuals residing in the United States. We do not represent that the materials in the Services are appropriate or available for use in any particular location. Those who choose to access the Services do so on their own initiative and are responsible for compliance with all applicable laws. We reserve the right to limit the availability of the Services to any person, geographic area or jurisdiction at any time in our sole discretion. You represent and warrant that: (i) you are not located in a country subject to trade sanctions or economic embargoes under the laws of the United States of America (“US Sanctioned Country”); (ii) none of you, your affiliates, members, directors or other equity owners (excluding holders of publicly traded shares), and none of their principal officers and employees are (a) listed on the list of Specially Designated Nationals and Blocked Persons published by the Office of Foreign Assets Control, U.S. Department of Treasury (“OFAC”) (available athttp://www.treasury.gov/resource-center/sanctions/SDN-List/Pages /default.aspx) (an “OFAC Listed Person”), (b) an agent, department, or instrumentality of, or is otherwise beneficially owned by, controlled by or acting on behalf of, directly or indirectly, any OFAC Listed Person or US Sanctioned Country, or (c) otherwise blocked, subject to sanctions under or engaged in any activity in violation of other U.S. economic sanctions; and (iii) none of you, your affiliates, members, directors or other equity owners (excluding holders of publicly traded shares), and none of their principal officers and employees are in violation of (x) any applicable antimoney laundering laws, including those contained in the Bank Secrecy Act; (y) any applicable economic sanctions laws administered by OFAC or the U.S. Department of State; or (z) any applicable antidrug trafficking, antiterrorism, or anticorruption laws, civil or criminal.
C. Miscellaneous. You acknowledge that these Terms & Conditions, any other policies or terms incorporated herein, either in their entirety or by explicit reference, and any other terms and conditions on the Services, constitute the entire agreement between you and us and govern your use of the Services. Texas law governs use of the Services and will be applied in any legal action or dispute resolution involving use of the Services. If any provision of these Terms & Conditions is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible by law, and the other provisions of these Terms & Conditions will remain in force. Our failure to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed by us in writing. You may not assign these Terms & Conditions or the rights hereunder without our prior written consent. We may assign these Terms & Conditions and delegate certain responsibilities, obligations, and duties under or in connection with these Terms & Conditions in our sole discretion.
16. CONTACT US
For questions about the Services, you should contact Texas A&M Hotel and Conference Center at info@TAMUHCC.com or (979) 429-2153.
These Terms & Conditions were last updated October 2, 2017.