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Welcome to ERB Properties Terms & Conditions of Use for the Site (as defined below). Your use of the Site is subject to these terms and conditions along with any specific terms and conditions set forth on the individual pages within or parts of the Site (collectively, the “Terms & Conditions”) and all applicable laws and regulations, including those regarding copyright, trademark, and other intellectual property rights. Your submission of information on the Site is subject to ERB properties’ privacy policies (available at https://stayintulsaok.com/privacy-policy/ ), which are hereby incorporated into these Terms & Conditions.
The term “Site” refers to stayintulsaok.com and any other website, app or platform owned, operated, or licensed by ERB Properties that displays these Terms & Conditions (or a link to them). The Site may include websites, mobile websites, and other Internet-enabled or wireless means by which we make content available to you or receive content from you, including, without limitation, downloadable or preloaded software applications (including, without limitation, desktop, mobile and tablet applications, content and blog submission services, chat rooms, and message boards).
The Site offers information on properties managed, franchised, owned, licensed, or developed by ERB Properties as well as information about third-party relationships that ERB Properties has.
As used throughout the Site, including these Terms & Conditions, the terms “ERB Properties,” “the Company,” “our,” “we,” “us,” and other similar terms may refer to one or more of ERB Properties Corporation, LLC, or one or more of their direct or indirect subsidiaries or affiliates. These terms are used for convenience only and are not intended as a precise designation of any one particular entity.
PLEASE READ THE TERMS & CONDITIONS CAREFULLY BEFORE DOWNLOADING, USING OR OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES THROUGH THE SITE. BY ACCESSING THE SITE (AND/OR DOWNLOADING OR USING A MOBILE APPLICATION OFFERED BY ERB Properties), YOU AGREE TO ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS & CONDITIONS. We reserve the right to change, update, or correct any of the Terms & Conditions or any information contained in the Site at any time without notice other than by posting amended terms to the Site. Your continued use of the Site means that you accept and agree to the revised Terms & Conditions. If you do not accept these Terms & Conditions (as amended from time to time), please exit the Site immediately.
USE OF COOKIES
PLEASE NOTE: The Site may use various types of cookies and related technologies to provide certain functionality on the Site. General information about cookies and related technologies and how they work is available at allaboutcookies.org. For further information on ERB Properties’ use of cookies, please see ERB Properties’ privacy policies (available at https://stayintulsaok.com/privacy-policy/).
USE OF THE SITE
General
You may only use the Site if you are at least eighteen (18) years of age and can form legally binding contracts under applicable law. The Site is not intended for and should not be used by minors. If you are under the age of eighteen (18) or unable to form legally binding contracts under applicable law, you may contact ERB Properties directly for assistance. Please note that additional terms and conditions may apply to reservations, purchases, transactions, uses, or activities that may occur on or through the Site. You agree to comply with these Terms & Conditions and any other applicable additional terms and conditions disclosed on the Site or in connection with your use of the Site. You agree by using this Site that you are responsible for using the most current version made available by ERB Properties and that ERB Properties is not responsible for any issues arising due to your use of anything other than the most current version of this Site. You have the choice to opt in or out of our SMS and marketing services at any time, respecting your privacy preferences and ensuring you receive only the communications that matter most to you.
Accounts / Passwords / Responsibility
You are responsible for maintaining the secrecy of your passwords, log-in, and account information. You will be financially accountable for all uses of the Site by you and/or by anyone using your account information.
Credit Card Information
The storage of credit card information on the Site (if available) is entirely optional. Saving credit card information may help expedite your reservation process in the future and/or allow you to use certain parts of or features in the Site. You will be solely responsible for updating any credit card information that you provide. You acknowledge that ERB Properties may communicate this information for the purpose of facilitating reservations or as requested by you, including through applications on any mobile devices that you utilize that provide ERB Properties with your account information or your ERB Properties credentials or if you have established a link with such devices.
ERB Properties’ 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. ERB Properties assume no responsibility or liability for such errors, inaccuracies, or omissions. ERB Properties shall have the right not to honor reservations or information affected by such errors, inaccuracies, or omissions. ERB Properties shall have the right to 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.
Promotional Information
The Site may display or provide information regarding specific programs, offers, or promotions (“Promotional Offers”). Any such Promotional Offer is subject to its specific terms, conditions, and restrictions, and if booked via the Site, these Terms & Conditions. Please refer to and read carefully the terms, conditions, and restrictions of each Promotional Offer. ERB Properties reserve the right to alter or withdraw any Promotional Offer at any time without notice. Each Promotional Offer is void where prohibited by law.
Prohibited Uses
Any commercial use of the Site is expressly prohibited unless you have obtained prior written consent from ERB Properties. You may not use the Site to post or transmit any unlawful, infringing, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, or for any other purpose that is unlawful or prohibited by these Terms & Conditions. You agree that you will not (a) interfere with or disrupt the Site, (b) use, place, or distribute any viruses, worms, time bombs, and/or other computer programming routines that damage, intercept, disrupt, or harm (or are intended to do any of the preceding) the Site, including the underlying software, hardware, systems, and any users of the Site or their devices, (c) use or attempt to use any robot, spider, automatic device, or automatic or manual process to monitor, scrape, or copy the Site, or any information contained therein, without ERB Properties’ prior express written consent, (d) use any device, software, or other instrument to monitor, copy, disrupt, alter, destroy, impair, restrict, tamper, interfere with, or attempt to interfere with the Site, its content, or its operation without ERB Properties’ prior express written consent, or (e) take any action that imposes an unreasonable or disproportionately large load on our infrastructure, systems, or the Site.
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. You may not make reservations for any other purpose, including without limitation for purposes of reselling properties/listings, reservations or other benefits, posting, marketing, advertising, or otherwise distributing properties/listings, reservations, benefits, or availability (including without limitation on third-party web sites), making false, fraudulent, or speculative reservations, reserving properties/listings in anticipation of demand, making reservations for purposes of reselling properties/listings, or in an attempt to circumvent ERB Properties practices, policies, terms, or conditions. You may not use this Site to make reservations related to any commercial activity (unless specifically permitted by ERB Properties) or any unlawful activity. Reservations made, sold, or transferred in violation of these Terms & Conditions may be canceled without advance notice in ERB Properties’ sole discretion.
Certain rates are offered only to specific people such as those who have promotional offers, or other incentives. Additionally, at certain times or on certain dates, reservations at a property/listing may require a minimum length of stay, and that may affect whether a property/listing appears to have availability. ERB properties are 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, ERB Properties reserves the right in its sole discretion to cancel your reservation and/or charge the publicly available rate for your stay.
Cancellation Policy
All reservations are subject to the cancellation policy of the property/listing where the stay will occur. Please review the applicable cancellation policy during the reservation process.
Payment / Deposit
All reservations must be guaranteed with a valid major credit card, or an alternative ERB Properties-approved form of payment. Offline payments are not permitted at any property/listing by ERB Properties.
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 ERB Properties' 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 any ERB Properties location, unless such prohibitions do not apply to the location, pursuant to a license, permit, or exclusion under the Sanctions.
Privacy & Confidentiality
Your submission of information on the Site to make a reservation or utilize any other services made available to you on the Site is subject to ERB Properties' privacy policies (available at https://stayintulsaok.com/privacy-policy/ ). Any communications such as searches, questions, comments, suggestions, chats, requests and similar communications submitted by you to ERB Properties are not confidential communications, and ERB Properties shall be free to use, reproduce, publish, distribute, and disclose such communications. ERB Properties is under no obligation to protect such communications from disclosure. ERB Properties may use, reproduce, publish, distribute, and disclose such communications to others without limitation and without any obligations to you. ERB Properties is also free to use for any purpose whatsoever any ideas, concepts, content, techniques, or know-how in such communications without limitation and without any obligations to you. To the extent you own any intellectual property rights in such ideas, concepts, content, techniques, or know-how, by submitting them to ERB Properties, you grant ERB Properties a royalty-free, irrevocable license to use any such idea, concept, content, techniques, or know-how. You have the choice to opt in or out of our SMS and marketing services at any time, respecting your privacy preferences and ensuring you receive only the communications that matter most to you.
Browsing Habits
The Site may tailor information, offers, and other content based on your browsing habits, your geographic location and other factors.
Links
The Site may contain links to other websites on the Internet and certain actions on the Site may result in specific advertising from third parties, including information that may be displayed in other windows or in third party sites. We provide these links solely as a convenience to you. The inclusion of these links in no way indicates ERB Properties’ endorsement, support, or approval of such sites, such site’s content, products, or services, or the operators of any such site. We undertake no obligation to review or monitor any sites linked to or from the Site. Your use of any such site is at your own risk and subject to the terms and conditions of such sites. We are not responsible for the content, products, services, or practices of third party sites. In addition, you agree not to link your site or any other third party site to the Sites without ERB Properties' express prior written consent.
Miscommunications / Lost Transactions
ERB Properties is not responsible for communication failures, errors, difficulties, or other malfunctions or lost, stolen, or misdirected transactions, transmissions, messages, or entries on or in connection with the Site. ERB Properties is not responsible for any incorrect information associated with any transaction or transmission on or to the Site regardless of whether such incident is the result of user error, system error, or human error.
Availability
The Site is available to anyone with internet access. However, the Site may not be continuously available due to maintenance or repairs, or due to computer or mobile device problems or crashes, disruption in internet service, or other unforeseen circumstances. The Site contains information on ERB Properties’ listings and services, not all of which are available in every location. A reference to a product or service on the Site does not imply that such product or service is or will be available in your location at the time you are there. The content of the Site, including advertising content, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. Each product or service is void where prohibited by law.
GENERAL LEGAL TERMS
Right to Restrict Access
In addition to any other rights or remedies that may be available to ERB Properties, ERB Properties may, without any liability whatsoever, in its sole discretion, terminate or restrict your access or use of the Site at any time and without notice.
Warranty Disclaimer
YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS & CONDITIONS.
Limitation of Liability
NEITHER ERB Properties NOR ANY ERB Properties AGENT, REPRESENTATIVE, PROPERTY OWNER, LICENSOR, OR LICENSEE SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY MATERIALS, OPINIONS OR RECOMMENDATIONS ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ERB Properties HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, ERB Properties’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST ERB Properties, ITS AGENTS, REPRESENTATIVES, PROPERTY OWNERS, LICENSORS, AND LICENSEES ARISING OUT OF YOUR USE OF THE SITE OR ANY MATERIALS, OPINIONS OR RECOMMENDATIONS ON THE SITE.
Jurisdiction / Governing Law / Choice of Forum
The Site is controlled and operated by ERB Properties from its offices within the City of Tulsa, United States of America. ERB Properties makes no representation that the content or materials on the Site are appropriate or available for use in other locations. These Terms & Conditions and any dispute arising out of or related to the Terms & Conditions or use of the Site shall be governed in all respects by and construed and enforced in accordance with the laws of the State of Oklahoma, U.S.A., without regard to its conflicts of law principles. Exclusive jurisdiction over any cause of action arising out of these Terms & Conditions or your use of the Site shall be in state or federal courts located in Tulsa, Oklahoma, U.S.A. You further agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action and waive any claim that such courts are an inconvenient forum.
Severability
If any part of these Terms & Conditions is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. All other provisions of these Terms & Conditions shall remain in full force and effect.
No Waiver
ERB Properties’ failure to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and us nor any trade practices shall be deemed to modify these Terms & Conditions.
Forward Looking Statements
Certain statements and assumptions in the Site contain or are based upon “forward-looking” statements or information and are being made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. In some cases, you can identify forward-looking statements by the use of words such as “may,” “could,” “expect,” “intend,” “plan,” “seek,” “anticipate,” “believe,” “estimate,” “predict,” “potential,” “continue,” “likely,” “will,” “would,” and variations of these terms and similar expressions, or the negative of these terms or similar expressions. Such statements are necessarily based upon estimates and subject to numerous assumptions and uncertainties as described in our Annual Reports on Form 10-K, Quarterly Reports on Form 10-Q and other SEC filings which could harm our business, financial condition, results of operations, or cash flows or cause our actual financial results or performance to differ materially from those expressed in or implied by the statements and information contained in the Site. Forward-looking statements included in the Site are made only as of the date of their initial publication, and we caution you not to place undue reliance on any forward-looking statement. We do not undertake or assume any obligation to update publicly any forward-looking statement to reflect actual results, new information or future events, changes in assumptions, or changes in other factors affecting forward-looking statements, except to the extent required by applicable law. If we update one or more forward-looking statements, no inference should be drawn that we will make additional updates with respect to those or other forward-looking statements.
CONTACT
If you have any questions or concerns regarding the Site, please contact us at erbpropertiesllc@gmail.com. As noted in the Privacy & Confidentiality section above, any communication or material transmitted to us via the Site or Internet e-mail is transmitted on a non-confidential basis. |
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ERB Properties
Tulsa OK 74105
918-303-8278
erbpropertiesllc@gmail.com |
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