服务条款

Terms of Service

EFFECTIVE May 14, 2026

IMPORTANT – THESE TERMS INCLUDE AN ARBITRATION AGREEMENT, JURY TRIAL WAIVER, AND A WAIVER OF YOUR RIGHT TO BRING OR PARTICPIATE IN ANY CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION.

Welcome to Ashford.com.

These Terms and Conditions of Use, including any Incorporated Terms (defined below) other provisions or policies incorporated herein by reference (collectively, the "Terms") apply to the web site located at www.Ashford.com and all associated sites, microsites, mobile device applications or other portals linked or connected to www.Ashford.com by United Time Group, LLC (collectively, the "Website"). This Website is the property of United Time Group, LLC (referred to as "Ashford" or the “Company”).

Please read these terms carefully. By accessing and/or using the Website, you agree to be bound by them. If you do not agree, you may not access or use the Website. By using the Website, you agree that you are over 18 years old, able and legally competent  to agree and comply with these Terms. If you do not agree to these Terms, or if you are not legally competent, then you may not use this Website.

These Terms contain provisions that govern the resolution of claims between Ashford and you. Please see the legal disputes section for details.

By creating an account or otherwise visiting or using the Website, you acknowledge that you have read and agreed to the Terms or any other terms and conditions published on our Website that may be applicable to you, which may be updated by us at any time without notice to you. If we update the Terms, we will post the updated version where the prior Terms was posted on the Website, unless otherwise indicated. It is your responsibility to check periodically for any changes we may make to the Terms. Any such changes will be effective when you first access the Website after we post the changes here.

Incorporation by Reference.

Certain other terms and policies govern the access and use of the Website (and/or portions thereof), the collection and use of personally identifiable information obtained in connection with the Website, and transactions occurring on, by and through the Website. The following terms and policies (the "Incorporated Terms") are incorporated by reference, shall be deemed a part of the Terms, and you hereby agree to them. Please click on the link to view them.

1. Privacy Policy. We take your privacy seriously. Please review Ashford's privacy policy to understand the information we may collect, and how we may use it. Note also that certain personal information we collect through the Website may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Website, you acknowledge that you have read those privacy policies as well.
2. Terms of Sale Policy Pease read Ashford’s terms of sale policy for information on product and sales on the website.
3. Shipping and Payment Policy. Please read Ashford's shipping and payment policy for information on placing and receiving your order.
4. Warranty Policy. Please read Ashford's warranty policy to learn about what is covered when you purchase a product on the Website.
5. Return Policy. Please read Ashford's return policy for information on how to return an item.

Modification of Terms.

Ashford reserves the right, in its sole discretion, to change, modify, add or remove these Terms, or portions of them, at any time. Please check these Terms periodically for changes. Your continued access and/or use of the Website following the posting of any modifications to these Terms shall constitute your acceptance of and agreement to any new or amended Terms.

Description of Services. 

Ashford may provide users of the Website with access to offers for the sale of luxury items (primarily, but not limited to, glasses, timepieces and jewelry) (the "Services"). You are solely responsible for obtaining access to the Website, and for any third-party fees and/or equipment necessary to access the Website (such as a computer and internet access).

Shopify Platform.

Our store is hosted by Shopify. Shopify provides us with the online platform that allows us to provide Services to you. Your use of this Website, and any transactions completed through it, may also be subject to Shopify’s own Terms of Service and Privacy Policy, which govern your relationship with Shopify as a service provider.

You can review Shopify’s Terms of Service here: https://www.shopify.com/legal/terms

You can review Shopify’s Privacy Policy here: https://www.shopify.com/legal/privacy

By using this Website, you acknowledge and agree that:

• We are not responsible for Shopify’s operations, outages, data storage, or payment processing services.
• Any disputes or issues arising from Shopify’s services should be directed to Shopify in accordance with their policies.

Content and Intellectual Property.  

Except as expressly stated otherwise in these Terms, all content included on the Website, including but not limited to text, graphics, images, logos, sounds, icons, artwork, visual interfaces, computer code, software, and compilations (including the compilation of all content on the Website), (collectively, the "Content"), and including but not limited to the selection, structure, design, expression, "look and feel" and arrangement of the Content on the Website, is owned, controlled by, or licensed to or by Ashford, or otherwise used with permission, and is protected by copyright, trademark, trade dress, patent, and other rights and intellectual property and unfair competition laws. ASHFORD, ASHFORD.COM, and the Ashford "A" logo are registered trademarks of Ashford in the United States and other jurisdictions and may not be used in connection with any product or service that is not Ashford's, or in any manner that is likely to cause confusion amongst consumers or disparage or discredit Ashford. All trademarks, logos or other properties displayed on the Website not owned by Ashford are property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Ashford, and may not be used without permission of their respective owners. All rights are reserved to Ashford, and any such other owners, as applicable.

Prohibited Uses.

You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:

·      In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

·      For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

·      To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

·      To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or user names associated with any of the foregoing).

·      To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

·      Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.

·      Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

·      Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

·      Use any device, software, or routine that interferes with the proper working of the Website.

·      Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

·      Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

·      Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

·      Otherwise attempt to interfere with the proper working of the Website.

Social Media.

If you use #ASHFORD, @ASHFORD, or any other social media tagin any way, you agree to provide Ashford with an unrestricted, irrevocable, royalty-free, perpetual, fully paid-up, transferrable, worldwide license to use the uploaded image(s) in any and all marketing materials, on sponsor’s websites, and through all social media channels. Each user represents and warrants that uploaded images do not infringe the intellectual property rights of any third party, including, but not limited to, copyrights and trademark rights

Website; Limited License. 

Ashford grants you the limited, nonexclusive, non-transferable, revocable license to: access and make personal use of the Website; make single copies or prints of Website pages for your personal, non-commercial use in connection with a transaction or potential transaction with Ashford; and/or to create a hyperlink to the home page of the Website so long as the linked material does not portray Ashford, its products or Services, in a false, misleading, derogatory or offensive manner. Without limitation of any other provision of these Terms, the license does not permit, and you agree that, except upon Ashford's express prior written consent (where permitted), you will be bound by the following restrictions:

1. You may not make any derivative use of this Website or its Content, or otherwise access, copy, reproduce, duplicate, collect, create derivative works from, decompile, disassemble, reverse engineer, sell, resell, rent, loan, lease or sub-license this Website or its Content (including but not limited to product listings, descriptions and/or prices, and account information) for publication, distribution or for any commercial enterprise, whether manually or through the use of any automated process.
2. You may not use any robots, spiders, "deep-linking", "page-scraping", "crawling", caching, encoding, translating, mirroring, framing, create unauthorized hyperlinks to, or employ any other automated device, program, methodology or algorithm, or any similar process or technique, to access, acquire, reproduce or monitor the Website, Services or any Content, to: enclose the Website or any Content on any other computer, website, server or other location or telecommunications facility; reproduce or circumvent the navigational structure or presentation of the Website or any Content; or attempt to obtain any Content or information from or about the Website or Services not purposefully made available by the Website, including but not limited to its Content, Services, usage, users, accounts or individual identities, systems, servers or networks. (Although Ashford may allow operators of search engines, or certain licensors, to index Content from the Website for the purpose of creating publicly available searchable indexes, Ashford reserves the right to revoke those exceptions in general or specific cases, in its sole discretion).
3. You may not use any meta tags, or other hidden text or keywords using Ashford's name or trademarks.
4. You may not violate any applicable international, federal, state or local laws, regulations, rules, ordinances, statutes, requirements, codes or orders of any governmental or judicial authorities when accessing or using the Website.
5. You may not act in manner that is harmful, threatening, fraudulent, deceptive, or misleading, harassing, discriminatory, libelous, defamatory, obscene, in violation of another's right of privacy, publicity or other rights, in violation of any contractual or fiduciary obligations, or infringe on any copyrights, trademarks, service marks, trade secrets, patents or other intellectual property rights of any third party.
6. You may not impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or provide inaccurate information.
7. You may not violate or attempt to violate the security of Ashford, including the Website, including without limitation, providing or uploading data, files, records, software, or other items that contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or information including the Website;
8. You may not overburden, impair, or otherwise interfere with the ability of others to use the Website or to interfere with the proper working of the Website or any transaction being conducted through the Website.

Any unauthorized use shall terminate the license granted to you, without notice. Any unlawful or illegal access or use of the Website, Content, or Services will shall be prosecuted to the full extent of the law.

Your Account.

Some portions of the Website and some Services require account registration and/or activation. You agree that any information you provide in connection with your request for an account, or in connection with a purchase or other transaction on the Website or otherwise with Ashford, shall be true, accurate, current, and complete. You are responsible for keeping your account information current. Ashford reserves the right to suspend or terminate your account, and/or refuse any access or use of the Website or Services (or any portion thereof), if you provide any untrue, inaccurate, not current, or incomplete information, if such information becomes so at any time, or if Ashford has reasonable grounds to believe as much. You are responsible for maintaining the confidentiality of your account and log-in credentials, and for restricting access to your computer, and agree to accept responsibility for all activities that occur under your account and credentials. To protect the confidentiality of your account, Ashford advises that you log out from your account and close all browsers at the end of each session. You agree to notify Ashford immediately of any unauthorized use, or breach of the security, of your account or log-in credentials. Some portions of the Website, some Services, and/or certain offers may be made to a select group of Ashford accounts or users of the Website. Ashford reserves the right to refuse service, terminate or suspend access to the Website, Services, accounts, (or any portion thereof), at any time in its sole discretion.

Age Requirement.

YOU MUST BE AT LEAST 18 YEARS OLD TO USE THE SITE, IF YOU ARE UNDER AGE 18, YOU MAY NOT ACCESS OR USE THE SITE. BY USING THIS SITE, YOU AFFIRM THAT YOU ARE OVER THE AGE OF 18.

Any software on the Website is subject to United States export controls.

YOU MAY NOT USE THIS SITE IF YOU ARE A NATIONAL OR RESIDENT OF CUBA, IRAQ, LIBYA, NORTH KOREA, IRAN, SYRIA, OR ANY OTHER COUNTRY THE UNITED STATES HAS EMBARGOED GOODS OR IS SUBJECT TO APPLICABLE UNITED STATES TRADE SANCTIONS, OR IF YOU ARE A PERSON ON THE U.S. TREASURY DEPARTMENT’S LIST OF SPECIALLY DESIGNATED NATIONALS OR THE U.S. COMMERCE DEPARTMENT’S TABLE OF DENY ORDERS.

General Disclaimer-Third Party Content.

Some of the content on Ashford.com is provided by third parties. Ashford.com does not represent or warrant that any information provided by the third parties, or any information on the Website, is complete or current. Price and availability information contained on this Website is subject to change without notice. Ashford.com shall not be bound by any errors or omissions in posting product information or prices with respect to any products or services offered on the Website. All beauty and cosmetic products sold on Ashford.com, are not intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease, and are not intended to affect the structure of or any function of the human body. The results reported, if any, may not necessarily occur in all individuals. Please consult with your own physician or health care practitioner before purchasing or using any of the products offered.

Electronic Communications. 

When you visit the Website, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically from time to time, including but not limited to by e-mail, by posting notices to your account, or by posting notices on the Website. You agree that all agreements, notices, disclosures or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

User Generated Content; Reviews. 

Certain portions of the Website may permit visitors to publicly post content to or on the Website (the "User Content") (e.g., product reviews). Unless otherwise indicated, Ashford does not claim ownership of any User Content. However, you agree that, by submitting, transmitting, uploading, posting or otherwise making available any User Content, you hereby: (a) grant to Ashford a worldwide, perpetual, non-exclusive, royalty-free, transferable and sub-licensable right, license and permission to use, copy, display, perform, publish, share, or exploit in any manner such User Content; and (b) represent and warrant that: (i) you own all rights in and to your User Content, or have acquired all rights, clearances and permissions necessary to enable you to grant to Ashford the rights granted in these Terms, (ii) you have paid and will pay in full all license fees, clearance fees, or any other financial obligations of any kind, arising from any use or exploitation of your User Content, (iii) your User Content does not infringe upon the rights (including but not limited to intellectual property rights, privacy rights, and publicity rights), or defame or disparage any third party, or third party product or service, (iv) your User Content is not offensive, indecent, profane, threatening, abusive, harassing, discriminatory or hateful, and does not constitute or encourage any criminal offense, (iv) your User Content shall not impersonate others, provide any false information, contain any advertisements or solicitations, promote any product or service competitive with Ashford, and (v) your User Content complies with these Terms. You acknowledge and agree that you have no expectation of compensation or confidentiality with respect to any User Content; and that Ashford (or its designees or successors) shall have the right to use, copy, display, perform, publish, share, or exploit in any manner User Content (or refrain from any of the foregoing) at any time and for any reason, alone or together with other materials, in their sole discretion. Ashford reserves the right, but does not have an obligation, to monitor, review, and/or delete User Content. Ashford does not endorse or control the User Content transmitted or posted on the Website; thus, Ashford is not responsible for User Content and does not guarantee the accuracy, integrity, or quality of User Content, which may not reflect the views of Ashford. Ashford shall not be liable in any manner for any User Content, including, without limitation, for any errors or omissions, or for any loss, damage or injury of any kind arising from or related to any User Content.

 

 

Third Party Web Sites, Resources and Applications. 

You may be able to access or use the Website from a third-party web site, Internet resource, or software application or telecommunications facility ("Linked Site(s)"). You may also be able to access and use a Linked Site from the Website. You acknowledge and agree that Ashford has no responsibility for the information, content, products, services, advertising, code, or other materials which may or may not be provided by or through Linked Sites. This means that we are not liable for any harm or damages related to your access of any Linked Sites, or your purchase or use of any products, services, resources, or content on any Linked Sites. The inclusion of any link to such Linked Sites on the Website does not imply Ashford's endorsement, sponsorship, or recommendation of any Linked Website or any product or service offered on, by or through it. Ashford does not guarantee the standards or practices of any Linked Website and shall not be liable in any manner for Linked Sites. You acknowledge that any access and/or use of any Linked Sites shall be at your own risk. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services on Linked Sites should be directed to the third-party.

Right to refuse service or terminate access.

We may prohibit you from participating in or utilizing the Website if, in our sole and absolute discretion, you show a disregard for the Terms of Service or act in an unacceptable manner, with the intent to annoy, abuse, threaten, or harass any other person, or in any other disruptive manner. We also reserve the right to refuse service, terminate accounts, remove, or edit Content or cancel orders in our sole and absolute discretion without notice to you.

Suspension of Website.

If for any reason any portion of the Website is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond our reasonable control which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Website, we reserve the right (but not the obligation), in our sole and absolute discretion, to prohibit you and any other individual or entity from using the Website, and to cancel, terminate, modify or suspend the Website or any portion thereof and void such information.

DISCLAIMER OF WARRANTIES.

TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED IN THIS PARAGRAPH: (A) THIS WEBSITE, AND ALL INFORMATION, CONTENT, PRODUCTS, SERVICES, MATERIALS AND SOFTWARE INCLUDED ON OR MADE AVAILABLE TO YOU ON, BY OR THROUGH IT, ARE OFFERED, PROVIDED AND/OR SOLD (AS APPLICABLE) "AS IS" AND "AS AVAILABLE"; (B) ASHFORD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY OF THE FOREGOING, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND (C) NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, PROVIDED BY ASHFORD SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN (INCLUDING IN THE INCORPORATED TERMS). WITHOUT LIMITATION OF THE FOREGOING, AND EXCEPT AS PROVIDED IN THIS PARAGRAPH, ASHFORD MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY PRODUCTS OR SERVICES OFFERED, PROVIDED AND/OR SOLD (AS APPLICABLE) ON, BY OR THROUGH THE WEBSITE, AND TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW HEREBY DISCLAIMS (AND YOU HEREBY WAIVE), ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, "FREQUENTLY ASKED QUESTIONS" DOCUMENTS AND OTHERWISE ON THE WEBSITE OR IN CORRESPONDENCE WITH ASHFORD OR ITS AGENTS. THE SOLE AND EXCLUSIVE WARRANTIES MADE IN RESPECT OF ANY PRODUCTS OFFERED, PROVIDED AND/OR SOLD ON, BY AND THROUGH THE WEBSITE, ARE CONTAINED, IF APPLICABLE, IN ASHFORD'S WARRANTY POLICY, UNLESS OTHERWISE SPECIFICALLY NEGOTIATED AND SET FORTH IN A SEPARATE, WRITTEN SALES AGREEMENT BETWEEN YOU AND ASHFORD.

LIMITATION OF LIABILITIES.

TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT, EXCEPT IN THE EVENT OF ASHFORD'S SOLE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, ASHFORD (AND ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, PARTNERS, SUPPLIERS AND SERVICE PROVIDERS, AND THE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS OF EACH) (individually and collectively, Ashford's "Affiliates") SHALL HAVE NO LIABILITY FOR ANY LOSSES, DAMAGES OR PERSONAL INJURY ARISING, DIRECTLY OR INDIRECTLY, FROM THE USE OF THE WEBSITE, OR ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, MATERIALS AND SOFTWARE INCLUDED ON, MADE AVAILABLE OR SOLD TO YOU ON, BY OR THROUGH IT, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY AND/OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES, PERSONAL INJURY (INCLUDING DISABILITY OR DEATH), OR PROPERTY DAMAGE, EVEN IF ASHFORD HAS BEEN ADVISED OF THE POSSIBILITY OF THE FOREGOING AND EVEN IF THE WARRANTIES HEREUNDER ARE DEEMED TO FAIL IN THEIR ESSENTIAL PURPOSE; AND THAT YOUR SOLE REMEDIES (IF ANY) IN RESPECT OF PRODUCTS OFFERED ON, BY AND THROUGH THE WEBSITE, SHALL BE AS SET FORTH IN ASHFORD'S WARRANTY POLICY AND/OR RETURN POLICY, AS MAY BE APPLICABLE. WITHOUT LIMITATION OF THE FOREGOING, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF ASHFORD AND ITS AFFILIATES TO YOU HEREUNDER FOR ALL LOSSES, DAMAGES OR PERSONAL INJURY (WHETHER IN CONTRACT, TORT OR OTHERWISE), ARISING FROM THESE TERMS, YOUR USE OF THE WEBSITE, OR FROM ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, MATERIALS AND SOFTWARE INCLUDED ON, MADE AVAILABLE OR SOLD TO YOU ON, BY OR THROUGH IT, EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO ASHFORD FOR YOUR USE OF THE WEBSITE, OR THE PURCHASE PRICE OF THE APPLICABLE PRODUCT, AS APPLICABLE; PROVIDED FURTHER THAT TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE REMEDY FOR ANY LOSSES, DAMAGES OR INJURY ARISING FROM THE FOREGOING (AND NOT FROM OR IN CONNECTION WITH A PRODUCT PURCHASED BY YOU) SHALL BE TO CEASE USING THE WEBSITE. UPON ASHFORD'S RETURN OF THE FULL PURCHASE PRICE PAID WITH RESPECT TO ANY APPLICABLE PRODUCT SOLD TO YOU HEREUNDER, THE WARRANTY PROVIDED UNDER THESE TERMS SHALL NOT HAVE FAILED IN ITS ESSENTIAL PURPOSE.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON CERTAIN WARRANTIES OR THE LIMITATION OF CERTAIN LIABILITIES. IF SUCH LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnity. 

You agree to indemnify, defend and hold harmless Ashford and its Affiliates, and their owners, partners, franchisees, subsidiaries, officers, each of such person's or entities' directors, employees, contractors, agents, licensors and suppliers (collectively, the "Indemnified Parties") from and against any and all allegations, demands, claims, liabilities, damages, fines, losses, expenses, penalties or costs of whatsoever nature, including reasonable attorneys’ fees and court costs, ("Claims") whether by reason of death of or injury to any person or loss of or damage to any property or otherwise arising or resulting in any way from any violation of these Terms, the services or products provided to you as part of the Website or any related act or failure to act by you, including with respect to your User Content, and whether or not occasioned or contributed to by the negligence of Ashford or any agent or employee of the Indemnified Parties or any of them (except as and to the extent prohibited by applicable law) or Claims arising from your account, including, without limitation, any Claims related to infringement by you of the intellectual property rights of any person, including without limitation, copyright, patent, trade secret, trade mark, artist rights, droit moral, privacy, publicity or rights under other intellectual property laws.

Without limiting the foregoing, if you cause a technical disruption of the Website or the systems transmitting the Website to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. In the event that any Claim is made or any action or proceeding is brought against the Indemnified Parties, or any of them, arising out of or connected with the Terms, any such Indemnified Party may, by reasonable notice to you, require you, at your expense, to resist such Claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior written approval of such Indemnified Party, which approval shall be deemed to have been given hereby in the case of counsel acting for your insurance underwriters engaged in such resistance or defense. You shall cooperate with us in the defense of any Claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Legal Disputes.

YOU AND ASHFORD AGREE THAT ALL DISPUTES BETWEEN YOU AND ASHFORD WHETHER ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY) WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND THAT YOU WAIVE YOUR RIGHT TO BRING OR PARTICPIATE IN ANY CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION, AND WAIVE ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

Any dispute between you and Ashford and/or its Affiliates (collectively for purposes of this section, 'Ashford') arising from or relating to these Terms of Service and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms of Service, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, "Covered Disputes") will be settled by binding arbitration. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days' advanced written notice of its intent to file for arbitration. Ashford will provide such notice by email to your e-mail address on file with Ashford and you must provide such notice by email to info@ashford.com

During the 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes.

If the parties do not settle within the 60-day notice period, upon expiration of that period, either party may initiate arbitration.

The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

Arbitrator will apply applicable law and the provisions of these Terms of Service and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review.

Ashford and you agree that any Covered Dispute hereunder will be submitted to arbitration on an individual basis only. Neither Ashford nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis.

If any provision of the agreement to arbitrate in this section is found illegal or unenforceable, the remaining arbitration terms shall continue to be fully valid, binding, and enforceable (but in no case will there be a class, representative or private attorney general arbitration).

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THESE TERMS, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED PROVISION.

These Terms of Service and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA) and, where otherwise applicable, by the laws of the state of Florida.

Any arbitration will be held before a single neutral arbitrator and will be governed by the Consumer Arbitration Rules and the Consumer Due Process Protocol (collectively, "AAA Rules") of the American Arbitration Association ("AAA") as currently in effect, and as modified by these Terms, and will be administered by the AAA. You can find the AAA Rules online at https://www.adr.org/consumer or you can call the AAA at 800-778-7879, or write them at American Arbitration Association Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 (the “AAA Notice Address”).

The arbitrator shall have sole authority to and shall address all claims or arguments by both parties, concerning the formation, legality, and enforceability of this arbitration clause, the scope of this arbitration clause, and the arbitrability of any claim or issue arising between you and Ashford. To initiate the arbitration process, send a letter to the AAA and to Ashford at the address at the end of these Terms, with a request for arbitration and a description of your claim.  You may also send a copy to the AAA online at https://www.adr.org. The AAA’s rules govern payment of all filing, administration, and arbitrator fees. Each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration.

Upon request of either party, the arbitration shall be conducted via videoconference to the extent permitted by the AAA Rules. If the arbitration is held in person, appearances will be held at a location mutually agreed upon by you and Ashford, or, in the absence of such agreement, at a location determined by the arbitrator.

The arbitrator will follow these Terms and the award will be final and binding. At the conclusion of arbitration, the arbitrator shall issue a written decision explaining the basis for the award. Any awarded relief shall not exceed what is allowed by applicable law and the Terms. The parties agree that any declaratory or injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for an error of law or legal reasoning. The parties shall bear their own costs and fees for any appeal. Judgment on any arbitration award may be entered in any court of competent jurisdiction. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

You agree that this arbitration section shall apply to any dispute or claim with other parties arising out of or relating to the Terms, including the determination of the scope or applicability of this section, regardless of the date of accrual, except that you or any such third parties may take claims to small court if they qualify for hearing by such a court.   If for any reason this arbitration clause is deemed inapplicable or invalid, you and Ashford both waive to the fullest extent allowed by law, any claims to recover punitive or exemplary damages.

Limitation on Time to File Claims.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

Notice to California Residents.

California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits. Pursuant to California Civil Code Section 1789.3, Ashford provides users of the Sites with the following notice: You may report complaints to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.

General Terms.

The following general terms apply to you and your use of the Website:

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Ashford as a result of these Terms of Service or use of the Website.

Our performance of these Terms of Service is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Unless otherwise specified herein or agreed to by the user, these Terms and any policies or operating rules posted by us on this Website and incorporated herein by reference constitute the entire agreement between the user and Ashford with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Ashford with respect to the Website. A printed version of these Terms 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.

You may not delegate, transfer, or assign these Terms or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

These Terms and any separate agreements entered into with you shall be governed by and construed in accordance with the federal and state or territorial courts in Florida. You and Ashford consent to venue and personal jurisdiction in such courts.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

DMCA Notices.

Ashford respects the intellectual property rights of third parties. Ashford responds to notices of alleged copyright infringement according to the Digital Millennium Copyright Act (“DMCA”) at 17 U.S.C. § 512 et seq. Regardless of whether or not Ashford believes that it is liable for any copyright infringement for which we are provided notice, Ashford’s response 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 Website, at Ashford’s sole discretion and operating within the parameters of the DMCA.

If you believe that your work has been copied in a manner that constitutes copyright infringement, please contact

Ashford.com
Attn: Legal Department
30 Sherwood Ln
Unit 11
Fairfield, NJ 07004
info@ashford.com

with the following information:

• Your name, address, telephone number and email address;
• A description of the copyrighted work that you claim has been infringed;
• A description of the allegedly infringing material and where it is located on the Website;
• 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;
• 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
• Your written or electronic signature attesting to the above.

If your content has been removed from the Website in response to Ashford’s receipt of a DMCA Notification as outlined above, and you believe the removal was inappropriate, you may submit a DMCA Counter-Notification by contacting us using the information above with the following information:

• Your name, address, telephone number and email address;
• A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district for which jurisdiction for Ashford would be appropriate, and that you will accept service of process from the person who submitted the DMCA notification or an agent of such person;
• A description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• A statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
• Your written or electronic signature attesting to the above.

How to Contact Us.

If you have any questions regarding these Terms, you may contact us at:

Ashford.com
Attn: Legal Department
30 Sherwood Ln
Unit 11
Fairfield, NJ 07004
info@ashford.com
Phone: +1 (212) 813-1111