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Terms of Service

1. Acceptance of Terms and Conditions

Please carefully read the following provisions as they govern your use of Drury Hotels’ websites. The provisions contained below (the "Agreement") govern your use of any Site. By using this Site, you are agreeing that you have read all of the provisions of this Agreement and that you agree to be bound by them, just as if you had signed a copy of this Agreement. If you do not agree to each and all of these provisions, please do not use the Site and leave the Site immediately.

2. Definitions

"Site" means any of the Internet Websites know by the universal resource locator ("URLs") and domain names: http://www.druryhotels.com or any other URLs or domain names of Drury and all pages, sections, materials and Content (as defined below) displayed, presented or found within the Site.

"You, the "user" or "users" include, you, your parent, subsidiary, affiliate and/or related companies and the employees, officers, directors, agents, representatives, independent contractors or subcontractors, consultants, licensors and other third party providers of yours or theirs.

"Drury" means Drury Hotels Company, LLC and includes any of its affiliates or subsidiaries.

3. Eligibility

The Site is available only to individuals and entities that can form legally binding contracts under applicable law. The Site is not designed for anyone under age 18. You must be at least eighteen (18) years old to reserve a hotel room on the Site.

4. Proprietary Rights

(a) The Site is owned by Drury and is protected by copyright as an audiovisual work, collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the Site are only for your personal, non-commercial use. All materials contained on the Site (the "Content") are protected by copyright, and are owned or controlled by Drury or the party credited as the provider of the Content. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the Site. All logos, custom graphics, images, icons, symbols, trademarks, trade names, service marks and other names, brands and marks, whether registered or not (collectively, "Trademarks") found at any Site or in the Content are owned by Drury or others and are protected by the previously described laws, including those that specifically address rights of trademark owners. Furthermore, the hardware and software components, electronically stored databases and individual items found within those databases that comprise the computer networks and systems that operate any Site are used to make information available at any Site also belong to Drury and, in some cases, third-party providers, and also are the proprietary property of Drury or its third-party providers. By agreeing to the provisions of this Agreement, you may, pursuant to a limited, non-exclusive, non-assignable, non-transferable, revocable license to access and use the Content found at the Site for the limited purposes specifically provided in this Agreement. You may download and make one (1) copy of the Content and other downloadable items displayed on the Site for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without Drury’s prior written permission or the copyright holder identified in the individual Content's copyright notice.

(b) By virtue of access or use of the Site, neither Drury nor any of Drury’s third party providers are granting or transferring to you or any other person or entity, any title or any ownership rights or interests in any Content found at this Site or accessed or used through the Site.

5. Restrictions, Limitations and Conditions Applicable to Your Use of the Site

(a) You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Site, and that you will not take any action that imposes an unreasonable or disproportionately large load on Drury’s infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy Drury’s web pages or the Content contained herein, without the prior express consent from an authorized Drury representative (such consent is deemed given for standard search engine technology employed by Internet search web sites to direct Internet users to the Site).

(b) You represent, warrant and covenant that: (i) you shall not upload, post or transmit to or distribute or otherwise publish through the Site any materials which (A) restrict or inhibit any other user from using and enjoying the Site, (B) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (C) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (D) violate, plagiarize or infringe the fights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (E) contain a virus or other harmful component, (F) contain any information, software or other material of a commercial nature, (G) contain advertising of any kind, or (H) constitute or contain false or misleading indications of origin or statements of fact; and (ii) that you are at least eighteen (18) years old

6. Registration/Passwords/Site Security

If, at any time, Drury requires registration as a means to access or use any areas or Content in the Site, you agree to: (a) provide accurate, complete and current data, as requested in the registration process (the "Data"); (b) maintain and keep the Data updated as required; (c) prevent unauthorized access or use by you or others by using your password and/or personal identification number; (d) promptly report any unauthorized use or disclosure of your password or other breach of any Site security; and (e) not assign or transfer (nor attempt to assign or transfer) any rights granted to you under this Agreement. Drury maintains the right to suspend and/or refuse any further access or use of the Site or Content, if Drury becomes aware or reasonably suspects that your Data is false or misleading, if you refuse to provide complete and current registration information, or you misuse or allow someone else to use your password who is not authorized to do so.

7. Disclaimers and Limitations of Liability

(a) Disclaimer of Warranties

YOU AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. ALL CONTENT AND INFORMATION ON THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

(b) Limitation of Liability

DRURY SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUR OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY CONTENT, OPINIONS OR RECOMMENDATIONS OF THIRD PARTIES ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF DRURY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN JURISDICTIONS THAT DO NOT PERMIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, DRURY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT ALLOWED BY LAW. YOUR HEREBY WAIVE ANY AND ALL CLAIMS AGAINST DRURY OUT OF YOUR USE OF THE SITE AND ANY CONTENT, OPINIONS OR RECOMMENDATIONS OF THIRD PARTIES ON THE SITE. IN NO EVENT SHALL DRURY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ANY GOODS OR SERVICES PURCHASED ON THE SITE. . ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR DRURY’S SERVICE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.

(c) Disclaimer Regarding Access to the Site

DRURY SHALL HAVE NO RESPONSIBILITY TO PROVIDE YOU WITH ACCESS TO THE SITE OR ANY LINKED SITE, OR ANY CONTENT ACCESSED OR USED AT OR THROUGH THE SITE OR ANY OF THE LINKED SITES. IN ADDITION, DRURY SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE TIMELINESS OR PROPER SEQUENCING OR, OR ANY DAMAGES DUE TO THE UNAVAILABILITY DURING ANY PERIOD OF INTERRUPTION OR DELAY IN SERVICE OF, ANY OF THE FOREGOING, REGARDLESS OF THE REASON.

(d) Indemnification

YOUR HEREBY AGREE TO INDEMNIFY, DEFEND, PROTECT AND HOLD DRURY, AND ALL ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, EMPLOYEES, INFORMATION PROVIDERS, AFFILIATES, LICENSORS AND LICENSEES (COLLECTIVELY, THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SITE OR OUT OF ANY BREACH BY YOU OF THESE PROVISIONS OF USE OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS CONTAINED IN THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. DRURY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT DRURY’S PRIOR WRITTEN CONSENT.

8. Use of Information

With respect to all communications you make to Drury regarding the Content or other Drury information, including but not limited to feedback, questions, comments, suggestions and the like: (a) you shall have no right of confidentiality in your communications and Drury shall have no obligation to protect your communications from disclosure; (b) Drury shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (c) Drury shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information. Drury reserves the right to edit, refuse to post or to remove any information or materials, in whole or in part, that in Drury’s sole discretion are objectionable or in violation of these Terms of Use.

9. Inaccuracy of Content

Drury Content may contain technical inaccuracies or typographical errors. Drury reserves the right to make changes, corrections and/or improvements to Drury Content, and to the products and programs described in such Content, at any time without notice. DRURY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED HEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10. Changes to Provisions and Modifications to the Site

Drury reserves the right, at Drury’s sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time, without notice or warning and also to modify the Site at any time, including, without limitation, any of the Content found at the Site or acquired through Drury or any third party provider. Your continued use of the Site after any changes to these Terms of Use and/or the Content will be considered acceptance of those changes. Therefore, you should periodically revisit these Terms of Use and review them to make sure that you comply with all of the changes. If you cannot, at any time, comply with any of the provisions of this Agreement, you should terminate and discontinue all access to and use of the Site.

11. Third Party Web Sites

The Site contains links and pointers to other related web sites, resources, and sponsors of the Site. Links to and from the Site to other third party sites, maintained by third parties, do not constitute an endorsement by us or any of our subsidiaries or affiliates of any third party resources, or their contents. The site utilizes Google Maps. Click here for Google Terms of Service.

12. Unavailability of Products and Services

This Site contains information on Drury's products and services, not all of which are available in every location. A reference to a Drury product or service on this Site does not imply that such product or service is or will be available in your location.

13. Linking

(a) If you choose to leave this Site via links to other non-Drury sites, including those of advertisers, Drury is not responsible for the privacy policies of those sites or the cookies those sites use. In addition, because Drury has no control over such sites and resources, you acknowledge and agree that Drury is not responsible for the availability of such external sites or resources, does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources and that linking to such sites is at your own risk.

(b) You may create a link from your personal computer or website to the home page of this Site in order to make a reservation, enroll in one of our programs or to gather information on a Drury hotel or Drury’s business. This limited right to create a link does not, however, create any relationship between Drury and you and you may not use any Trademarks or Content of Drury or any third-party providers.

(c) Drury reserves the right to disable links from any third-party sites to the Site.

14. Governing Law and Jurisdiction

This site is controlled and operated by Drury Hotels Company, LLC from its offices within the State of Missouri, United States of America. Drury Hotels Company, LLC makes no representation that materials in the site are appropriate or available for use in other locations. These terms shall be governed by and construed in accordance with the laws of the State of Missouri, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in St. Louis County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

This is a United States web site and is subject to United States law. Drury will disclose any information regarding the use of this site including personal information pertaining to you without your permission when required or permitted by law, or in good faith believes that such action is necessary to investigate or protect against harmful activities to Drury guests, visitors, associates, or property (including this Site), or to others.

15. Notice and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent. Notification must be submitted to the following Designated Agent:

  • Service Provider(s): Drury Hotels Company, LLC
  • Name of Agent Designated to Receive Notification of Claimed Infringement: Joseph B. Pereles
  • Full Address of Designated Agent to Which Notification Should be Sent: 721 Emerson Road, Suite 400 , St. Louis , MO 63141
  • Telephone Number of Designated Agent: 314-587-3126
  • Email Address of Designated Agent: Copyright.Claim@druryhotels.com

To be effective, under Title 17, United States Code, Section 512(c)(3), the notification must be a written communication that includes the following:

(a) A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

(d) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

16. Miscellaneous

These Terms of Use constitute the entire agreement between Drury and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.

17. Privacy Policy

You acknowledge having read and hereby accept and agree to all of the provisions of Drury’s Privacy Policy, also found at this Site, which are hereby incorporated into this Agreement. To view the privacy practices that govern any Site, please see our privacy statement at www.druryhotels.com/content/privacyterms.aspx. or click on the privacy policy link.

If you have questions about these Terms of Service please send an e-mail to drury@druryhotels.com.

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