Through its license from KB Resorts, LLC (“KB”), Lumière Hotel Group, LLC (“Lumière”) makes available information, materials, and products on this Website, subject to the following terms and conditions. By accessing this site, you agree to the terms and conditions as outlined in these Terms of Use (the “Terms”). Lumière reserves the right to change these Terms from time to time at its sole discretion. Your use of this Website constitutes your review of and agreement to these Terms of Use as well as your review of and agreement to Lumière’s Privacy Policy.

General Use Restrictions
All information, documents, products, software, and services (the “Materials”) provided on this Website are owned by KB and licensed to Lumière or provided to Lumière by its vendors (the “Third Party Providers”) and are the copyrighted work of KB and/or the Third Party Providers.

The information on this Website is protected by copyright:
Copyright © KB Resorts, LLC. All rights reserved.
Except as permitted herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or otherwise without the prior written consent of Lumière or the applicable Third Party Provider. No part of the Website, including logos, graphics, sounds, or images, may be reproduced or retransmitted in any way, or by any means, without the prior written consent of Lumière. You may not use meta tags or any other hidden text that uses Lumière’s name or any of its protected Materials.

Nothing on this Website shall be construed as conferring any license under any of Lumière’s or Third Party Providers’ intellectual property rights, except as is expressly stated in these Terms and Conditions, whether by estoppel, implication, or otherwise.

Lumière, on behalf of itself and the applicable Third Party Provider, grants you the right to view, copy, print, and distribute Materials on this Website subject to the following conditions:

1. The Materials may only be used for personal, family or household purposes, and only for non-commercial purposes;
2. The Materials may not be modified or altered in any way;
3. Any copy of the Materials or portion thereof must include the copyright notice above and this permission notice;
4. Lumière reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon written notice from Lumière.

Materials specified above do not include the trademarks, logos, tradename, design or layout of this Website. Elements of this Website are protected by trademark, trade dress and other laws and may not be copied or imitated in whole or in part.

You may not electronically, mechanically or manually copy any portion of this Website or any information contained therein. You agree that you will not in any way interfere with the operation of this Website.

Disclaimer of Warranty
Although Lumière endeavors to ensure that all information provided on this Website is accurate and reliable, errors and omissions may occur.

UNLESS OTHERWISE EXPLICITLY STATED, THE MATERIALS ARE PROVIDED “AS IS”, AND ARE FOR NON-COMMERCIAL USE ONLY. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED WITH RESPECT TO THE MATERIALS, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. LUMIÈRE MAKES NO REPRESENTATIONS AS THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY MATERIALS. ANY QUESTIONS REGARDING THE MATERIALS SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH MATERIALS.

Links to Third Party Sites & Advertising
This Website may be linked to other websites which are not under the control of and are not maintained by Lumière. Lumière does not endorse or sponsor any products or services offered on third party links. When you access a third party link from this Website, you do so at your own risk and Lumière is not responsible for the accuracy or reliability of any information, data, opinions, advice, statements, or products made or available through third party links. Lumière provides these links merely as a convenience. Similarly, advertisements for products and services posted on the Website from third parties are the representations of those third parties, and Lumière makes no representations, express or implied, regarding the accuracy of the information in those advertisements, or the availability of the products or services advertised.

If you use the Website to make a room reservation you will be linked to a third party site (the “Booking Site”). Even though you are linked to it from this Website, the Booking Site is governed by its own privacy policy. Understanding our guests’ interest in a secure and confidential ability to reserve rooms from our Website, we have chosen a Booking Site cautiously. Either the Booking Site or Lumière may cancel or modify reservations if it appears that those reservations are in error, or were made by a person who is not authorized to make the reservation, including someone who is not of legal contracting age.

Personal Information
Any information users convey to this Website by any means, including personal data, queries, comments or suggestions, will be treated by Lumière as available for use by Lumière. Nevertheless, please do not send anything which is required to be kept confidential, and we will not respond to your email requests or comments with any confidential information.

If you are a registered member of lumière hotel preferred program Lumière may maintain personal information about you in your guest profile. This information may be used by Lumière throughout the Website to make your use of the Website easier. Further, when you link to Third Party Provider websites, your information may be provided to those Third Party Providers to make working with those websites easier.

Password Protection
Access to certain portions of this Website is or may in the future be restricted by use of a Password Protection system. These passwords are or will be available through procedures described elsewhere in this Website and are subject to additional terms and conditions of use, described elsewhere in this Website. These passwords are subject to cancellation or suspension by Lumière in its sole discretion. Password holders must use their best efforts to keep their individual passwords confidential; failure to do so may result in password revocation.

Software Use Restrictions
Any software that is made available to download from the Website (the “Software”) is the copyrighted work of KB, Lumière and/or Third Party Providers. Use of the software is governed by the terms of a separate end user license agreement, which is displayed concurrently with the download or is included with the Software (the “License Agreement”). An end user will be unable to install any Software unless the end user first agrees to the terms of the License Agreement. Except as set forth in the applicable License Agreement, any further copying, reproduction, or redistribution of the Software is expressly prohibited.

Installation assistance, product support and maintenance, if any, of the Software is available from Lumière and/or the Third Party Providers, as the case may be.

SOFTWARE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF THE APPLICABLE LICENSE AGREEMENT. EXCEPT AS SET FORTH IN THE APPLICABLE LICENSE AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

Export Control Laws
Software available on the Lumière Website is subject to United States export controls. No Software from this site may be downloaded or otherwise exported or re-exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (2) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Denial Orders.

By downloading or using Software from this Website, you are agreeing to the foregoing and you are warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Trademark Information
The trademarks, logos, and service marks (“Marks”) displayed on this Website are the property of KB, Lumière, or the applicable Third Party Providers. You are not permitted to use or reproduce the Marks without the prior express written consent of KB, Lumière, or the applicable Third Party Provider which owns such Marks. Nothing on this Website should be construed as granting any license or right to use any of the Marks without the prior express written consent of KB, Lumière, or the applicable Third Party Provider which owns such Marks.

Limitation of Liability
LUMIÈRE SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL LUMIÈRE BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA, OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING AND ON WHATEVER THEORY, WHETHER IN CONTRACT OR IN TORT, EVEN IF LUMIÈRE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE AND WILL NOT MAKE A CLAIM AGAINST LUMIÈRE FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS OR THE WEBSITE.

YOU AGREE TO HOLD LUMIÈRE HARMLESS FROM, AND YOU COVENANT NOT TO SUE LUMIÈRE FOR, ANY CLAIMS BASED ON USING THE WEBSITE.

This includes any information received reproduced or disclosed or used in any way by Lumière for any purpose whatsoever, including but not limited to the development of new products, amendments to existing product lines or services, and marketing. Certain exclusions of liability may not be permitted under the local laws of some jurisdictions, so it is possible that some or all of these exclusions may not apply to you. Also, some products or services referred to in the Website may not be available in certain jurisdictions.

Oversight
Lumière may, at any time, view and store the information you transmit to the Website, although there is no express or implied obligation to do so. If you transmit any information that is in violation of these Terms, or is profane, inappropriate, unsuitable or illegal, Lumière may censor, edit, remove or prohibit this information and may refuse to transmit it to any Third Party Providers. Additionally, Lumière may at any time limit or terminate your access to this Website.

General Terms
Entire Agreement. These Terms, together with those in the Privacy Policy, constitute the entire agreement between you and Lumière relating to this Website, and supersede any previous understanding or agreement between you and Lumière. Additionally, Lumière reserves the right to modify these Terms at any time, without notification of same. Consequently, you should regularly review these Terms, as your use of this Website constitutes your agreement to the Terms, as amended.

Titles and Headings. The titles and headings contained in these Terms are inserted only as a matter of convenience and for ease of reference and in no way define, limit, extend, or proscribe the scope of these Terms or the intent or content of any provision hereof.

Assignment. You are not authorized to assign or otherwise convey your rights or obligations under these Terms.

Separability. The provisions of these Terms are separate and divisible. In the event that any provision of these Terms shall be held to be invalid, the remaining provisions shall be construed and shall be valid as if the invalid provisions were not a part.

Attorneys’ Fees. In the event you or your agent or Lumière or its agent shall bring suit against the other to enforce any rights under these Terms, or for the breach of any of the covenants or agreements of these Terms, the party prevailing in such shall be entitled to recover costs, expenses and reasonable attorneys’ fees.

Indemnification. You agree to hold Lumière and any of its agents, affiliates, directors, officers or subsidiaries (“Lumière Group”) harmless against any claim, including attorneys’ fees, made by any third party against Lumière Group due to your breach of these Terms, the Privacy Policy, or any terms or conditions of use of a Third Party Provider. Additionally, the Lumière Group does not waive its right make such a claim of indemnification regardless of whether it previously failed to make such a claim for a similar breach.

Governing Law. These Terms shall be governed by and construed and enforced in accordance with the law of the State of California, without regard to its choice of law principles. Venue shall reside in San Diego County, Central District.

Lumière hopes that you will enjoy your visit to this site and that you will visit it often.