Terms & Conditions

H2O HERMOSA MANAGEMENT, LLC USE AGREEMENT (“Agreement”) TERMS & CONDITIONS

ADVISORY: THIS IS A BINDING AGREEMENT. YOUR USE OF THE SITE IS SUBJECT TO THE TERMS AND CONDITION SET FORTH IN THIS AGREEMENT.

These terms and conditions (“Terms & Conditions”) apply to all websites (Site”) of the hotel brands managed by by H2O Hermosa Management, LLC and include H2O Hermosa Management LLC, 1429 Hermosa L.L.C. and their affiliates, owners and subsidiaries (collectively referred to as “H2O Hermosa," “us,” “we,” “our”). Your use of this Site is subject to these Terms & Conditions along with any specific terms and conditions set forth on the individual pages within this Site (collectively, the “Terms & Conditions”) and all applicable regulations and laws, including, but not limited to, those relating to trademark, copyright, and other intellectual property rights. Your submission of information on this Site is subject to the Privacy Policy provision in this Agreement.

PLEASE READ THE TERMS & CONDITIONS CAREFULLY BEFORE OBTAINING OR USING ANY MATERIALS, PRODUCTS, SERVICES OR INFORMATION THROUGH THE SITE. BY ACCESSING THE SITE, YOU AGREE TO ACCEPT, WITHOUT QUALIFICATION OR LIMITATION, ALL OF THE TERMS & CONDITIONS. IF YOU DO NOT AGREE TO EACH AND ALL OF THESE TERMS, EXIT THE SITE IMMEDIATELY. We reserve the right to amend any section of the Terms & Conditions without notice by posting a Revised Date on the Site. Your continued access or use of the Site means that you accept and agree to any revised Terms & Conditions.

USE OF THE SITE

GENERAL

The services of the Site are not intended for and should not be used by minors. You may only use the services of this Site if you are at least 18 years of age and can form legally binding contracts under applicable law. If you are under 18 years of age, you may call usat (888) 411-7784 for booking and other inquires.

Additional terms and conditions may apply to reservations, transactions, purchases, activities, or uses that may occur on or through this Site. You agree to comply with these Terms & Conditions and any other applicable additional terms and conditions.

Accounts / Passwords: We may enable you to establish an account with a username and password to access and use the certain areas of the Site, and other services. You are responsible for preserving the confidentiality of your passwords, log-in, and account information. You will be financially accountable for all uses of the Site by you and/or by any third party using your account information. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us when you desire to cancel your account. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

While this Site is not intended for use by minors, if you agree to allow your minor child to register for any services on this Site, you acknowledge and agree that you will be solely responsible for the online conduct of such child, monitoring such a child’s use of the site and the consequences of any use of this Site by the child.

PAYMENT CARD INFORMATION

Storage of payment card is not required to use the Site. If available, the storage of payment card information on the Site is optional unless a guest opts for a pre-check in, in which case the storage of such information is mandatory. Saving payment card information may expedite your future reservation process. Payment card information may be maintained until (and after) the expiration date of the payment card and you will be responsible for updating any payment card information that you provide. You acknowledge that H2O Hermosa may communicate this information to facilitate reservations or as requested by you, including through applications on any device that you use to interact with H2O Hermosa.

RESERVATIONS

You may only use the Site to make reservations or purchases for yourself and your invited guests or an individual for whom you have been authorized in advance to act. Unless you have obtained prior written permission from H2O Hermosa, you may not use the Site to make reservations or purchases for other purposes, including, but not limited to, commercial objectives of reselling rooms or reservations, advertising, marketing, posting, or otherwise distributing rooms, reservations, or availability (including without limitation on third-party websites), making speculative, false, or fraudulent reservations, or reserving rooms in anticipation of demand. H2O Hermosa reserves the right to cancel without notice reservations that transpired in violation of these Terms & Conditions.Reservations made in violation of these Terms & Conditions may be cancelled without notice at H2O Hermosa’s sole discretion. Additional terms and conditions regarding your reservation or purchases may apply.

Please note that signing a COVID-19 Acknowledgement, Waiver and Release(similar H2O url needed) is required at check-in.

PROMOTIONAL INFORMATION

The Site may provide or display information relating to specific programs, offers, or promotions (“Promotional Offers”). Any such Promotional Offer is subject to its specific terms, conditions and restrictions. Please read carefully and refer to the terms, conditions and restrictions of each Promotional Offer. H2O Hermosa reserves the right to alter or withdraw any such Promotional Offer at any time without notice. Each Promotional Offer is void where prohibited by law.

LINKS TO THIRD PARTY WEBSITES

The Site may contain links to third party websites. H2O Hermosa provides these links solely for your convenience. The inclusion of these links in no way indicates H2O Hermosa’s endorsement, approval, or support of such site’s content, products, services, or operators. We undertake no obligation to monitor or review any sites linked to or from the Site. Your use of any such site is subject to the terms and conditions of such sites and at your own risk. We are not responsible for the practices, services, products, or content of third party sites. Additionally, you agree not to link your site or any other third party site to the Sites without express prior written consent of H2O Hermosa. In addition, 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 are not responsible for the actions or privacy policies of any third party sites. If you have any questions or concerns about the actions or privacy policies or third party sites, we urge you to contact the relevant parties in control or operation of those sites.

H2O HERMOSA’S RIGHT TO CANCEL / ERRORS / MISTAKES

The Site may contain typographical, technical inaccuracies, or other errors in connection with information displayed on the Site, including, but not limited to, fees, rates, or availability applicable to your transaction. H2O Hermosa assumes no responsibility or liability for such inaccuracies, errors, or omissions. H2O Hermosa reserves the right not to honor reservations or information affected by such inaccuracies, errors, or omissions. H2O Hermosa reserves the right to make corrections, changes, cancellations, and/or improvements to such information or reservations based on such information, at any time, including after a reservation is confirmed.

MISCOMMUNICATIONS / LOST TRANSACTIONS

H2O Hermosa assumes no responsibility or liability for communication errors, difficulties, failures, or other malfunctions or lost, stolen, or misdirected transmissions, transactions, entries, or messages on or in connection with the Site. H2O Hermosa is not responsible for any incorrect information associated with any transmission or transaction to or on the Site regardless of whether such incident is the result of system error, user error, or human error.

AVAILABILITY

The Site is available to anyone with Internet access. The Site may become unavailable due to maintenance or repairs or due to computer malfunctions, crashes, disruption in Internet service or other unforeseen circumstances. 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. The content on the Site, including advertising content, is intended for use and display only where permissible in accordance with applicable laws and regulations. Each product or service is void where prohibited by law.

MATERIALS SUBMITTED BY YOU

Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site, any of its services, by email, or in any other way. Any information or material submitted by you, and which has not been specifically requested by us, such as questions, comments, searches, and suggestions, will be deemed not to be confidential, secret or proprietary. You agree that any information or materials submitted by you to the Site, whether ideas, creative concepts or other materials, in any format, including, but not limited to, writings, images, illustrations, audio recordings, and video recordings, may be used, reproduced and disclosed by us without restriction for whatever purpose we deem fit and without payment of any sum or acknowledgement of you as their source. You also warrant that any “moral rights” in posted materials have been irrevocably waived by the appropriate authors. WE SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF USE OR DISCLOSURE OF SUCH MATERIALS BY US TO THE EXTENT PERMITTED BY LAW. This paragraph does not affect any rights you may have under data privacy laws that protect your personal information or similar privacy laws, to the extent that such rights cannot be excluded.

PROHIBITED USES

Any commercial use of this Site is strictly prohibited unless you have obtained express prior written consent from H2O Hermosa. You may not use this Site to post or transmit any unlawful, threatening, libelous, infringing, defamatory, indecent, inflammatory, obscene, 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 or disrupt the Site, (b) use or attempt to use any robot, spider, automatic device, or automatic or manual process to monitor or copy the Site without H2O Hermosa’s prior express written consent, (c) use any device, software, or other instrument to monitor, copy, interfere with, or attempt to interfere with this Site, its content, or its operation without H2O Hermosa’s prior express written consent, or (d) use, place, or distribute any viruses, worms, time bombs, and/or other computer programming routines that damage, disrupt, intercept, or harm (or intend to do any of the preceding) the Site, including the underlying hardware, software, systems, and any users of the Site or their devices.

INTELLECTUAL PROPERTY

COPYRIGHT

Unless otherwise noted, all content on this Site is the copyrighted property of H2O Hermosa, its affiliates, or licensors. All content of this Site is protected by United States copyright laws as well as the applicable laws of other jurisdictions. To ensure that you do not infringe on any of H2O Hermosa’s copyrighted materials, do not directly or indirectly copy, reproduce, or distribute any of H2O Hermosa’s materials or any part of the text or graphics of those materials; do no directly or indirectly modify or create derivative works of any of H2O Hermosa’s materials; do not create a simulator or emulator of an H2O Hermosa product in a manner that is likely to confuse the public about the source; do not create materials that appear as though they originated from or are endorsed by H2O Hermosa; do not imitate the color or visual appearance of H2O Hermosa’s materials or products; do not use H2O Hermosa’s icons as graphical design elements in your materials; and do not distribute H2O Hermosa’s work by sale, rental, or other disposition.

To request permission to use H2O Hermosa’s copyrighted material, please contactinfo@h2ohermosa.com

GENERAL / OWNERSHIP

Unless expressly stated otherwise, the content included on the Site, including, but not limited to text, software, photographs, graphics, images, artwork, illustrations, video, sound, music, names, logos, icons, trademarks, service marks, and trade names are the property of H2O Hermosa or its licensors or suppliers, or their respective owners. This content is protected by state, federal, and international copyright, trademark, and other laws. No right, title, or interest to the content is granted by your use of the Site, other than a right to review the content using a standard Internet browser to conduct customary web browsing. All other uses, including making copies of any content on the Site, are strictly prohibited. Except for non-commercial individual private use, the downloading, retransmission, or reproduction of the Site (or any part of its content) is strictly prohibited. You may not modify, reproduce, distribute, retransmit, disseminate, sell, publish, circulate, reprint or broadcast any material for any purpose other than personal, non-commercial use (or legitimate activities of a travel agent or travel professional) without H2O Hermosa’s express written consent.

NOTICE AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

H2O Hermosa respects the intellectual property rights of third parties. H2O Hermosa responds to notices of alleged copyright infringement according to the Digital Millennium Copyright Act (“DMCA”) at 17 U.S.C. § 512 et seq. Whether or not H2O Hermosa believes it is liable for any copyright infringement for which it is provided notice, H2O Hermosa’s acknowledgment may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating an individual’s access to the Site, at H2O Hermosa’s discretion and operating within the guidelines of the DMCA.

If you believe that your work has been copied in a manner that constitutes copyright infringement, please contact: H2O Hermosa Finance Department, 1429 Hermosa Ave, Hermosa Beach CA 90254

With a copy to rpaul@h2ohermosa.com.

INCLUDE THE FOLLOWING INFORMATION:

• Your name, address, telephone number and email address;

• A description of the allegedly infringing material and where it is located on the Site;

• A description of the copyrighted work that you claim has been infringed;

• A statement by you under penalty of perjury that your notice is accurate, that you are the copyright owner or that the copyright holder has authorized you to act on its behalf; and

• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agents, or the law;

• Your written or electronic signature attesting to the above.

GENERAL LEGAL TERMS

RIGHT TO RESTRICT ACCESS

In addition to any other rights or remedies available to H2O Hermosa, H2O Hermosa may, without any liability whatsoever, at its sole discretion restrict or terminate your access or use of this Site at any time and without notice.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, H2O HERMOSA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS, HEREBY DISCLAIM ALL LIABILITY FOR ANY LOSS, COST OR DAMAGE (DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHERWISE) SUFFERED BY YOU AS A RESULT OF YOUR USE, OR INABILITY TO USE, THE SITE OR FROM ANY COMPUTER VIRUS TRANSMITTED THROUGH THE SITE, OR OTHER SITES ACCESSED FROM THE SITE, WHETHER SUCH LOSS, COST OR DAMAGE ARISES FROM OUR NEGLIGENCE OR ON ANY OTHER ALLEGATION OFLIABILITY AND EVEN IF WE ARE EXPRESSLY INFORMED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

WHERE APPLICABLE LAW OR THE DISCLAIMERS OF LIABILITY DO NOT APPLY TO YOU, THEN IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, COSTS, LOSSES AND CAUSES OF ACTION IN THE AGGREGATE (WHETHER IN CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY) AND WHETHER OR NOT WE WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OR THE POSSIBILITY OF SUCH DAMAGE ARISING FROM THESE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY STATEMENT, OR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00 (US).

WARRANTY DISCLAIMER

THE SITE IS PROVIDED “AS IS,” AND YOUR USE THEREOF IS AT YOUR OWN RISK. H2O HERMOSA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS, DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, TITLE AND NON-INFRINGEMENT. H2O HERMOSA DOES NOT WARRANT THAT THE SITE WILL BE FREE FROM VIRUSES, AVAILABLE, ACCESSIBLE, ERROR-FREE, UNINTERRUPTED OR THAT THE CONTENTS WILL BE ACCURATE OR CORRECT. ALTHOUGH H2O HERMOSA TAKES REASONABLE STEPS TO SECURE THE SITE, YOU ACKNOWLEDGE THAT THE INTERNET IS NOT A COMPLETELY SECURE MEDIUM AND H2O HERMOSA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, THAT ANY INFORMATION OR MATERIALS YOU POST ON OR TRANSMIT THROUGH THE SITE WILL BE SAFE FROM UNAUTHORIZED ACCESS OR USE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE AND/OR ITS SERVICES.

H2O Hermosa DISCLAIMER

Certain pages on this Site and certain independent sites affiliated with H2O Hermosa or an H2O Hermosa affiliate, may contain information about specific projects associated with H2O Hermosa or its affiliates. WITH RESPECT TO SUCH PAGES AND SITES, MATERIALS ON SUCH PAGES AND SITES DO NOT CONSTITUTE AN OFFER OR SOLICITATION OF ANY KIND, NOR ARE THEY INTENDED TO BE DISTRIBUTED IN OR CONSTITUTE AN OFFER IN ANY STATE OR COUNTRY IN WHICH H2O HERMOSA OR THE APPROPRIATE DEVELOPER OF A PROJECT, HAS NOT REGISTERED TO SELL PROPERTY, IF REQUIRED.

USER GENERATED CONTENT TERMS OF SERVICE

By responding with #sharemyH2OHermosapic, or other express written permission for the use of your content by H2O Hermosa, you agree to the following terms:

You hereby grant to 1429 Hermosa LLC, its affiliates and related entities (collectively, “H2O Hermosa”) a perpetual, irrevocable, royalty-free, worldwide, nonexclusive license to publish, reproduce, display, perform, distribute, adapt, edit, modify, translate, create derivative works based upon, and otherwise use and sublicense your Facebook, Instagram or Twitter photograph(s) that have been tagged with #sharemyH2OHermosapic, #exploreH2O Hermosa, #H2OHermosa, #H2O Hermosa or that have otherwise been mutually agreed upon between you and H2O Hermosa (“Photos”), or any portion of your Photos, in any manner in its sole discretion, including but not limited to on its webpages or in its marketing and advertising materials. You hereby represent and warrant that: (a) you own all rights in and to your Photos; (b) you have permission from any person(s) appearing in your Photos to grant the rights herein; (c) you are not a minor; and (d) H2O Hermosa’ use of your Facebook, Instagram or Twitter handle or Photos will not violate the rights of any third party or any law. You hereby release, discharge and agree to hold harmless H2O Hermosa’ and any person acting on H2O Hermosa’ behalf from any liability related in any way to H2O Hermosa’ use of your Facebook, Instagram or Twitter handle or your Photos.

SMS MESSAGING TERMS OF USE

The U.S. mobile operators are not liable for delayed or undelivered messages. Please note message and data rates may apply. SMS text messages are intended to be a reasonable effort communication and represent just one component of H2O Hermosa’s communication system. SMS text message notifications may be delayed or not received during regional emergencies or other periods of high messaging traffic. Third parties can send SMS text messages disguised as alerts from H2O Hermosa and therefore you are urged to independently verify the authenticity of any message that you receive. SMS text message notification from H2O Hermosa will be presented on your mobile device in the same manner as any other SMS text messages. SMS text messages may contain or reference trademarks or other proprietary rights of H2O Hermosa or its affiliates. No license to or right in any such trademarks and other proprietary rights of H2O Hermosa and/or other parties is granted to or conferred upon you. To the maximum extent permitted by law, all information contained in SMS text messages is provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. To the maximum extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the receipt, use, failure of, or inability to use, SMS text messages.

INDEMNITY

You agree to release, defend, indemnify and hold harmless H2O Hermosa and ourofficers, directors, agents, employees and representatives, against any loss, damage or cost incurred by us arising out of or in any way connected with this agreement including, but not limited to, your use of the Site, any of its services or any information accessible over or through the Site, your submission or transmission of information or material on or through the Site or your violation of these Terms & Conditions or any other laws, regulations and rules. You will also indemnify against any claims that information or material that you have submitted to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters and that you will fully cooperate with us in any such defenses.

CLASS ACTION WAIVER

You and H20 Hermosa agree that neither party may file or commence a class action lawsuit, representative action lawsuit, collective action lawsuit against the other party or participate in any such lawsuit or action against the other party.

JURISDICTION / GOVERNING LAW / CHOICE OF FORUM

This Site is operated and controlled by H2O Hermosa from its offices within the State of California, United States of America. These Terms & Conditions and any dispute arising out of or related to the Terms & Conditions or use of Site shall be governed in all respects by and construed and enforced in accordance with the laws of the State of California, 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 or near Los Angeles, California, 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.

NO WAIVER

H2O Hermosa’s failure to enforce or insist upon 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 H2O Hermosa nor any trade practices shall be considered to modify these Terms & Conditions.

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.

FORWARD LOOKING STATEMENTS

Certain statements and assumptions in this Site contain or are based upon “forward-looking” information and are being made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. When we use the words “will,” may,” “estimate,” “anticipate,” “should,” “believe,” “expect,” “intend,” or similar expressions, we intend to identify forward-looking statements. Forward-looking statements made in this web site are made only as of the date of their initial publication and we undertake no obligation to publicly update any of these forward looking statements as actual events unfold.

QUESTION AND COMMENTS

If you have any comments or questions about our privacy practices or your experience with the Site, please contact us at rpaul@h2ohermosa.com.

Last Updated: August 11, 2020

Last Revised: September , 2020