Legal

GUEST POLICY

The Standard Hotel is a welcoming environment and does not tolerate discrimination against, or harassment of, its guests. Federal, state and local laws prohibit discrimination on the basis of race, color, and military status. The Standard Hotels are subject to these laws.   Patrons may file a complaint for alleged discrimination with The Standard Hotels' management. Patrons of The Standard, High Line may also file a complaint with the New York State Office of the Attorney General.

TERMS OF USE ("TERMS")

Last updated:  December 21, 2022

Please read these Terms of Use ("Terms") carefully before using the Standard International website, www.standardhotels.com, and any of our other related sites, communications, capabilities, mobile or web applications and services (including any translations of the same, the “Site” or “Sites”) accessible on any domain owned or operated by Standard International Management, LLC or its affiliates in the jurisdiction where the property you wish to obtain services is located (“The Standard”, “us”, “we”, or “our”). Our Sites are controlled and operated from the United States and are subject to United States law.

Your access to and use of the Sites are conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Sites.

THESE TERMS INCLUDE A MANDATORY AGREEMENT TO ARBITRATE, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF THE SITE TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THESE TERMS ALSO INCLUDE A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. 

DO NOT ACCESS OR USE THE SITE IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY.

By accessing or using the Site in any manner you agree that (1) you have read and familiarized yourself with these Terms and our Privacy Policy, (2) you understand these Terms and our Privacy Policy, and (3) you are bound by these Terms by your use of the Site. You are entering into this agreement with The Standard to be bound by the Terms. If you disagree with any part of the Terms then you do not have permission to access the Sites.

Modification of These Terms

We reserve the right at any time, at our sole discretion, to change or otherwise modify the Terms without prior notice, and such changes will be effective immediately upon posting.  Unless otherwise indicated, any new material added to the Site will also be subject to the Terms. Be sure to return to this page periodically to review the most current version of the Terms, as they are binding on you.

Notwithstanding the above, if the change is substantial and may cause an adverse effect to you, we may notify you of such change, where applicable, prior to it becoming effective.  In any event, your continued access or use of the Site signifies your acceptance of the updated or modified Terms.

Who Can Use the Site

The services of the Sites are available only to individuals who can form legally binding contracts under applicable law. By using the Sites, you represent that you are not considered a minor and are of sufficient legal age to use the Sites and to create binding legal obligations for any liability you may incur as a result of the use of the Sites. If you are submitting information for a business entity, by doing so, you represent that you have the authority to bind that business entity to the Terms. We may, in our sole and absolute discretion, refuse to allow use of the Sites or accept a person’s or entity’s information and may, at any time, refuse to permit a person’s, or entity’s, continuing use of the Sites for any reason or for no reason, in our sole discretion.

Limited Permitted Uses

You may use the Site or related mobile or web applications for the purpose of booking hotel reservations or using  the other functions we make available on the Site or such applications for their intended purposes.  Any other uses are strictly prohibited, including but not limited to as described in the Interactive Areas and User Conduction and Obligations sections.

When booking a hotel reservation, you agree to the guest reservation policy provided at the time of booking.

Interactive Areas

Please be aware that by submitting any message, data, information, text, music, sound, photos, graphics, code or any other content to the Site by electronic mail, postings on the Site, or to social network platforms operated by The Standard, including any questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you are certifying that you are the rightful owner or licensee of the Submission and you grant The Standard a worldwide, nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right and license, without additional consideration to you or any third party, to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display, perform and otherwise exploit such Submissions in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that The Standard may choose to provide attribution of your comments or reviews at our discretion. You acknowledge and agree that Submissions are non-confidential and non-proprietary.

The Site may contain forums or other means where you or third parties may post content, messages, materials or other items on the Site (“Interactive Areas”). If The Standard provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:

1.     Any Submission that is false, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

2.     Submissions that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

3.     Submissions that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

4.     Submissions that impersonate any person or entity or otherwise misrepresents your affiliation with a person or entity, including The Standard;

5.     Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;

6.     Private information of any third party, including, without limitation, names, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers and any other personally identifiable information;

7.     Viruses, corrupted data or other harmful, disruptive or destructive files;

8.     Any Submission that is unrelated to the topic of the Interactive Area(s) in which such Submission is posted; or

9.     Submissions or links to content that, in the sole judgment of The Standard, (a) violates the previous subsections herein, (b) is objectionable, (c) restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or (d) exposes or could expose The Standard to any harm or liability of any type.

To the extent permitted by applicable laws, The Standard takes no responsibility and assumes no liability for any Submissions posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is The Standard liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. The Standard is not liable for any statements, representations or Submission provided by its Users in any public forum, personal home page or other Interactive Area. If you choose to make any of your personally identifiable or other information publicly available through the Site, you do so at your own risk.  Although The Standard has no obligation to screen, edit or monitor any of the Submissions posted to or distributed through any Interactive Area, The Standard reserves the right, and has absolute discretion, to remove, screen or edit without notice any content posted or stored on the Site at any time and for any reason.

To the extent permitted by applicable law, you hereby waive any moral rights or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law.  If it is determined that you retain moral rights in Submissions, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Submission, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Submission by The Standard or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Submission; and (d) you forever release The Standard, and its licensees, successors and assigns, from any claims that you could otherwise assert against The Standard by virtue of any such moral rights. 

Any violation of the foregoing violates the Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. See “Termination”, below. 

User Information and The Standard Privacy Policy

In the course of using the Site, you may provide or we may collect or otherwise receive information about you. We are committed to protecting the privacy of our users’ information. The Standard Privacy Policy governs the use of information collected from or provided by you through the Site. Please click here to review our current Privacy Policy.

You may need to register to use all or part of the Site. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential. You should use particular caution when accessing your Site account from a public or shared computer so that others are not able to view or record your password or other personal information. You, and not The Standard, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your Site account.

User Conduct and Obligations

The content and information on the Site (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content, is proprietary to The Standard. Without our prior written permission, you may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify our trademarks or other proprietary information in any way. You agree to follow all applicable laws and regulations when using the Site. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. Additionally, you agree not to:

1.     Provide false or misleading information about yourself to The Standard, impersonate any other person, or otherwise attempt to mislead others about your identity or the origin of any content, message or other communication;

2.     Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe any party for any services if you are not expressly authorized by such party to do so;

3.     Collect information about other visitors to our Site without their consent or otherwise systematically extract data or data fields, including without limitation any financial data or email addresses;

4.     Probe, scan, test the vulnerability of or breach the authentication measures of the Site or any related web pages, networks or systems;

5.     Use any robot, spider, scraper, deep link or other automated or manual means to access the Site, or copy and/or redistribute any content, information or software on the Site;

6.     Manipulate or otherwise display the Site by using framing, creating deep-links to the Site by bypassing the Site’s home page, mirroring or similar navigational technology or directly link to any portion of the Site other than the main home page;

7.     Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by The Standard in connection with the Site;

8.     Input or upload to the Site any information that contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Site or information or that infringes the intellectual property rights of another;

9.     Input or upload to the Site any information that is prohibited by applicable laws or regulations, or which is contrary to public order or good morals;

10.   Use or access the Site for any unlawful or illegal activities;

11.   Use or access the Site in any way that, in The Standard’s sole judgment, adversely affects the performance or function of the Site or interferes with the ability of authorized parties to access the Site, including but not limited to any action that imposes, or may impose, in The Standard’s sole discretion, an unreasonable or disproportionately large load on our infrastructure; or

12.   Engage in, perform or conduct any of the prohibited actions or activities described in these Terms or otherwise identified by us from time to time.

Electronic Communications

When you visit the Site or send or accept electronic messages through the Site, you are communicating with us electronically, and as a result, you consent to receive communications from us electronically. We may communicate with you by email or other authorized form of electronic message or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in the Terms. You have a right to withdraw your consent to receive electronic communications at any time, and may assert other rights available to you by applicable law, as set forth in our Privacy Policy. You acknowledge that such withdrawal of consent will prohibit you from accessing and using core functionalities of the Site.

Intellectual Property

Except for public domain material, the Site is protected by intellectual property laws, including U.S. copyright laws and your local copyright laws. You are hereby granted a non-exclusive license to use the Content at the Site while connected to the Site (including, where available, to email individual Content to others directly from the Sites), but only for your personal, non-commercial use. Except as expressly provided above, all other rights are reserved. Among other things, except to the extent required for the limited purpose of reviewing material on the Site, electronic reproduction, adaptation, distribution, performance or display is prohibited. Commercial use of any of the Content is strictly prohibited. Use of any of our trademarks such as metatags on other web sites also is strictly prohibited. You may not display the Site in frames (or any of the Content via in-line links) without our express written permission, which may be requested by contacting us.

In addition to the intellectual property rights mentioned above, for purposes of these Terms, “Content” is defined as all information such as the “look and feel” of the Site, data files, graphics, text, photographs, drawings, logos, images, sounds, music and video and audio files on the Site. The Standard tries to ensure that the Content is accurate and complete. Your use of the Site is at your risk. The Standard does not warrant that the functional aspects of the Site or the Content will be error free or that the Site, the Content or the server that makes it available are free of viruses or other harmful components. The Standard and its suppliers make no warranties about the Content or about results to be obtained from using the Site. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on the Site. The Standard reserves the right to withdraw, temporarily or permanently, any Content from the Site at any time and for any reason and such removal may be immediate and without notice. As an express condition to your use of and access to the Site, you acknowledge, agree and confirm that The Standard is not liable to you or any third party for any such withdrawal.

Copyright and Trademark Notices

All trademarks, trade names, logos, images, typefaces, graphics, service marks and trade dress displayed on the Site (collectively, the “Marks”) are the property of The Standard or its licensors, content providers or other third parties. Nothing in these Terms or on the Sites shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Mark without the prior written consent of The Standard or the owner of the Mark. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of The Standard and may not be copied, imitated or used, in whole or in part, without the prior written permission of The Standard. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof by The Standard.

If you are aware of an infringement of The Standard’s intellectual property rights, please let us know by emailing us at DPO@standardhotels.com.

Digital Millennium Copyright Act Notice

The Standard respects the intellectual property rights of others. The Standard may, in appropriate circumstances and at its sole discretion, terminate the access of Users who infringe the copyrights or intellectual property rights of others. 

If you believe your work has been copied and is accessible at the Site, or other social network platforms operated by The Standard, in a way that constitutes copyright infringement, or that the Site contains links or other references to another online location that contains material or activity that infringes your copyright, you may notify us by providing our copyright agent the information required by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act (“DMCA”). Our agent for notice of claims of copyright infringement on or regarding the Site can be reached by mail at 23 East 4th Street, 5th Floor, New York, NY 10003, Attn:  Legal, with a copy by email to DPO@standardhotels.com.

Your notice must satisfy the requirements of the DMCA and include the following information:

1.     Your name, mailing address, and email address; 

2.     A statement identifying the copyrighted material you claim is infringed, such as a URL linking to an authorized version of the copyrighted material; 

3.     A statement identifying where the allegedly infringing material is located, such as URL linking to the allegedly infringing material; 

4.     A statement that you have a good faith belief that the allegedly infringing material identified in section (2), above, is not authorized by the copyright owner, its agent, or the law; 

5.     A statement, made under penalty of perjury, that the information in this notice is accurate and that you are the owner of the copyrighted material or are authorized to act on behalf of the owner of the copyrighted material; and 

6.     An electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL THE STANDARD OR ITS DIRECTORS, OFFICERS, AGENTS, PARTNERS, INVESTORS, EMPLOYEES, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR ANY KIND OF DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND LOST PROFITS OR SAVINGS) RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE, INTERACTIVE AREAS, OR RELATED SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE STANDARD IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE STANDARD OR ITS DIRECTORS, OFFICERS, AGENTS, PARTNERS, INVESTORS, EMPLOYEES, SUCCESSORS OR ASSIGNS BE LIABLE IN THE AGGREGATE FOR ANY AMOUNT IN EXCESS OF ONE HUNDRED DOLLARS ($100).

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

Disclaimer of Warranties

The material on the Site could include technical inaccuracies or other errors. Your use and browsing of the Site are at your own risk. Neither The Standard nor any other party involved in creating, producing or delivering the Site shall be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. The Standard does not warrant that the functional aspects of the Site will be uninterrupted or error free or that the Site or the server that makes it available are free of viruses or other harmful components. If your use of the Site or the material contained on the Site results in the need for servicing or replacing property, material, equipment, or data, The Standard is not responsible for those costs.

THE STANDARD MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, CONTAINED ON THE SITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THE SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE STANDARD. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. THE STANDARD DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THE SITE, ITS SERVERS OR ANY EMAIL SENT FROM THE STANDARD, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE STANDARD HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification and Release

You agree to defend and indemnify The Standard and each of its subsidiaries, affiliates, directors, officers, agents, partners, investors, employees, successors and assigns from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including but not limited to reasonable legal and accounting fees, arising from:

1.     Your breach of these Terms;

2.     Your violation of any law or the rights of a third party; or

3.     Your use of the Site.

You and each of your successors, assigns, subsidiaries and affiliates, hereby unconditionally release and forever discharge The Standard and its directors, officers, agents, partners, investors, employees, successors and assigns harmless from any and all complaints, claims, charges, damages, demands, suits, actions and causes of action, whether at law or in equity (including attorneys’ fees, costs and expenses), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Site.

Termination

You agree that The Standard, in its sole discretion, may terminate or suspend your use or access to the Site, Interactive Areas, Submissions, and related services at any time and for any or no reason, in its sole discretion, and without prior notification, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately (a) discontinue use of the Site, and (b) destroy any copies you have made of the Site. Accessing the Site, Interactive Areas, Submissions, and related services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, you agree that The Standard shall not be liable to you or any third party for any termination or suspension of your access to the Site, Interactive Areas, Submissions and related services.

Third Party Services and Content

The Site may contain links to Sites, pages, accounts or other electronic media owned or controlled by parties other than The Standard. Such links are provided for your reference and convenience only. We do not control such Sites and are not responsible for their contents or the privacy or other practices of such Sites. We make no representations or warranties about the content, completeness, accuracy or security of third party sites. Further, it is up to you to take precautions to ensure that whatever links you select or apps, files or software you download (whether from the Site or such other sites) are free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of links to such sites does not imply any endorsement of the material on such sites or any association with their operators. In some cases you may be asked by a third-party site to link your profile on The Standard to a profile on another third-party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third-party site) at any time. 

General 

You agree to use the Site in strict compliance with all applicable laws, rules, rulings and regulations and in a fashion that does not, in the sole judgment of The Standard, negatively reflect on the goodwill or reputation of The Standard and shall take no actions that would cause The Standard to be in violation of any laws, rules, rulings or regulations applicable to The Standard.  It is your responsibility to understand and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the possession, use and sale of any product for sale on the Site, including regarding any Transaction (defined below).

The Standard and the Site are based in the United States. The Standard controls and operates the Site through its headquarters in New York, New York, and makes no representation that these materials are appropriate or available for use in other locations. If you use the Site from other locations, you are responsible for compliance with applicable local laws. The Site may describe products that are not available worldwide. If any provision of these terms or conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect.

The Standard makes all reasonable attempts to keep the information on the Site updated, complete, and accurate. The information is intended for general purposes and nothing contained in the Site is intended to be used as medical advice.  We make reasonable efforts to accurately display the attributes of the Content and products for sale on the Site, including applicable colors, however the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors.

The Standard reserves the right to investigate any suspected breaches of the Site security or these Terms and involve law enforcement authorities in investigating any such matters and prosecute violators to the full extent of the law.

YOU WAIVE AND HOLD HARMLESS THE STANDARD AND ITS AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE STANDARD DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE STANDARD OR LAW ENFORCEMENT AUTHORITIES.

Transactions

We may make available the ability to purchase or otherwise obtain certain products through the Sites (a “Transaction”). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address, your shipping information and other personally identifiable information. You represent and warrant that you have the right to use any credit card that you submit in connection with a Transaction. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. By making a Transaction, you represent that the applicable products will be used only in a lawful manner.

The Standard reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any product; to impose conditions on the honoring of any coupon, discount or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with any product. Refunds and exchanges will be subject to The Standard’s applicable refund and exchange policies. You agree to pay all charges incurred by you or on your behalf through the Site, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.

Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Site. All Transactions are made pursuant to a shipment contract and, as a result, risk of loss and title for products pass to you upon delivery of the products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

Promotions

Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will govern.

Entire Agreement/Waiver

These terms constitute the entire agreement between you and The Standard regarding your use of the Site. The failure of The Standard to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

Arbitration Agreement – Legal Disputes

By using the Site you unconditionally agree that all claims relating to your access or use of our Site (including any claim that any provision of these Terms are invalid, illegal, or otherwise voidable or void) will be resolved entirely through binding individual arbitration before the American Arbitration Association (“AAA”) or the Judicial Arbitration and Mediation Services (“JAMS”), rather than in court. The Standard shall have the right in a proper case to obtain equitable relief (including restraining orders, injunctive relief and/or certain declaratory relief) from a court of competent jurisdiction.

The arbitration proceedings shall be heard by one qualified,  independent arbitrator who shall be a licensed attorney in good standing. The arbitration shall be held in New York, New York and in accordance with, as applicable, the Commercial Arbitration Rules of the AAA or Comprehensive Arbitration Rules and Procedures of the JAMS (or successor rules).  All matters within the scope of the U.S. Federal Arbitration Act will be governed by such act and not by any state law.  Other than as described in these Terms, you and The Standard waive any rights to maintain a court action, administrative proceeding or other available resolution processes for to settle disputes under these Terms. YOU UNDERSTAND THAT ABSENT THIS AGREEMENT TO ARBITRATE, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. YOU HEREBY WAIVE ANY RIGHT TO A JURY TRIAL FOR ANY DISPUTES.

The rules in arbitration are different from the rules that apply in court. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in these Terms as a court would.

In reaching the decision, the arbitrator shall abide by these Terms, apply applicable law and shall not rule inconsistently with these Terms or applicable law. The arbitration shall be conducted on an individual basis, and not as a consolidated, common, representative, group or class. The award of the arbitrator shall be conclusive and binding upon all parties hereto and judgment upon the award may be entered in any court of competent jurisdiction.

Other than as may be required by law, the entire arbitration proceedings (including, but not limited to, any rulings, decisions or orders of the arbitrator), shall remain confidential and not be disclosed to anyone other than you and The Standard and their respective legal counsel. 

To the extent permitted by applicable law, any and all claims and actions arising out of or relating to the Sites must be commenced within one (1) year after the occurrence of the facts giving rise to such claim or action; otherwise, such claim or action shall be barred.

To begin an arbitration proceeding, you may send a letter requesting arbitration and describing your claim to: STANDARD INTERNATIONAL, Attn: Legal, 23 East 4th Street, 5th Floor, New York, NY 10003, with an email copy to DPO@standardhotels.com.

Class Action Waiver

You agree that you will not file, or participate, in any class action against The Standard.  You also agree that you will not file or seek a class arbitration, or participate in a class arbitration, against The Standard.

You expressly waive their right to file a class action, or participate in a class action, against The Standard, or seek any type of relief against The Standard on a class basis. You agree not to file, seek, or participate, in a class arbitration against The Standard. 

Applicable Law

These Terms, and all matters and disputes related to access and use of the Sites, will be governed by the laws of the State of New York and, as applicable, the federal laws of the United States (including the Federal Arbitration Act).

Exclusive Venue for Litigation 

Solely to the extent the arbitration provisions set forth above do not apply, or for purposes of enforcing an award granted to it pursuant to arbitration, any litigation shall be filed exclusively in state or federal courts located in New York, New York, and you expressly consent to exclusive jurisdiction in New York, New York, for any litigation. The foregoing shall not apply to the extent that applicable law in your country of residence requires application of another law and/or jurisdiction and this cannot be excluded by contract.

Miscellaneous

These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and The Standard. You may not assign, transfer or sublicense any of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms without restriction. No waiver by us of any breach of these Terms will be deemed to be a waiver of other breach. Any heading, caption or section title contained herein is for convenience only. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The Standard will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.

How to Contact The Standard

If you have any questions or comments about the Terms, or your dealings with the Site, please contact us by email sent to DPO@standardhotels.com or by mail at 23 East 4th Street, 5th Floor, New York, NY 10003, Attn:  Legal.