Cookie Policy

SH Group Statement on the Use of Cookies

This Statement on the Use of Cookies (“Statement”) applies to all websites (each a “Site”) of the hotel brands owned and licensed by SH Group Operations, L.L.C. and its affiliates ("SH Group," “us,” “we,” “our”), including 1 Hotels and Baccarat Hotels & Resorts.

This Statement describes the different types of cookies that may be used in connection with the Sites and describes how you can manage cookies.

We may change this Statement at any time. Please take a look at the "LAST UPDATED" section at the bottom of this page to see when this Statement was last revised. Any changes in this Statement will become effective when we make the revised Statement available on or this Site.

If you have any comments or questions about this Statement, please contact us at shgroupnotice@shgroup.com.

WHAT IS A COOKIE?

A cookie is a text file that contains small amounts of data downloaded to your device when you visit a web site. A cookie is sent back to the web site on each subsequent visit or to another web site that recognizes that cookie. Cookies enable a website to recognize your computer, mobile, or other device. You can find more information about cookies at: www.allaboutcookies.org.

COOKIES ON THIS SITE

Cookies are widely used on our Sites in order to improve your experience. For example we will use Cookies to:

There are four different categories of cookies used on our Sites: (1) cookies that are strictly necessary; (2) cookies that record functionality requests; (3) cookies that assist with the performance of our Sites; and (4) advertising cookies. Each purpose is outlined below.

Strictly Necessary Cookies

These cookies are required to allow you to navigate a Site and utilize its various features, such as accessing secure areas of the Site. Services that you have requested, such as making a hotel reservation online, could be provided without these cookies. These cookies do not collect information that could be used for advertising purposes. By using the Site, you agree that we may place these types of cookies on your device.

Functional Cookies

These cookies allow a Site to collect information about your choices, such as your region or preferred language. This allows the Site to personalize content for you. These cookies can also be used to store login information and to remember the changes you have made to the font, text size, and other customizable features on the Site. Although the information collected by these cookies does not personally identify you, these cookies may be able to identify you when combined with other data because they track certain ISP information for your settings. They do not gather information about you that could be used for advertising or tracking where you have been on the Internet. By using the Site, you agree that we may place these types of cookies on your device.

Performance Cookies

These cookies gather information about how you use this Site in order to ensure efficient operation of the Site’s functions. For example, they may collect information regarding whether you encountered problems or errors from one of the pages or which pages you visit most often. These cookies do not directly collect information that personally identifies you. When you provide information that identifies yourself, we may use these cookies to provide relevant information on the Site based on your activities and information that you have provided on the Site. By using this Site, you agree that we may place these types of cookies on your device.

Advertising Cookies

These cookies collect information regarding your browsing habits. They are usually placed by third party advertising networks such as those owned by Google, Facebook or other third parties. They remember when you visit this Site and share this information with other organizations, including advertisers. They do this in order to tailor online advertisements to you or your interests. Although these cookies can track your visits to sites on the Internet, the cookies themselves do not usually personally identify you. By using this Site, you agree that we may place these types of cookies on your device.


HOW TO MANAGE COOKIES?

You can restrict or block cookies that are set by the Site (or any other site on the Internet) by adjusting your browser settings.


You may visit www.allaboutcookies.org to obtain more information regarding cookies and how to adjust the cookie settings on various browsers. This site explains how to delete cookies from your computer.


Please be aware that restricting cookies may restrict the functionality of the Site.


Last Updated: August 18, 2014


©2014 SH Group Operations, L.L.C. All Rights Reserved.


  • Remember your user name and password for future visits so that log-in is easier and faster; 

  • Remember your language and other preferences; 

  • Ensure you obtain all requested information; 

  • Provide a safe and secure service for online transactions; 

  • Measure how many people use the Site, and how they use it, so that we may keep it running quickly and efficiently; and 

  • Help us and others deliver communications and content to you that are relevant and responsive to your interests and location.

Privacy Policy

SH Group Privacy Statement

This Privacy Statement applies to all websites (each a “Site”) of the hotel brands owned and licensed by SH Group Operations, L.L.C. and its affiliates ("SH Group," “us,” “we,” “our”), including 1 Hotels and Baccarat Hotels & Resorts.

SH Group is committed to respecting the privacy of all users (“users,” “you”) of the Site. We have established and implemented this Privacy Statement to inform you of the information we collect from you on the Site, how we use your information, with whom and for what purposes we may share your information, and the choices you can make about our use of your information.

Types of Personal Information We Collect

SH Group collects personal information that users choose to submit through the Site. This may include, but is not limited to:

  • Your name, gender, home and work contact details, date and place of birth, business title, nationality, passport and visa information;
  • Your payment card details, online user accounts details, profile or password details and frequent flyer or travel partner program affiliations and member numbers;
  • Information you provide in connection with our membership and loyalty programs;
  • Information you provide regarding your marketing and consumption preferences or in the course of participating in surveys, promotional offers or contests;
  • Any information necessary to fulfill special requests (e.g. preferences requiring specific accommodations, purchase of any goods and services);
  • Contact and other relevant details concerning employees of corporate accounts and vendors and other individuals with whom we do business (e.g., meeting and event planners or travel agents); and
  • Information you provide in connection with an employment application submitted online.

From time to time, you may provide us with personal information about others (for example, individuals for whom you are making a reservation, joint travelers, or in connection with a forward-to-friend feature). In such instances, we rely on you to obtain such other persons' consent for disclosing their information to us, which we will use in accordance with the terms of this Privacy Statement.

You may always choose what personal information (if any) you wish to provide to us. If you choose not to provide certain details, however, some of your transactions with us may be impacted.

Personal Information From Children

SH Group does not knowingly collect personal information from individuals under 18 years of age. As a parent or legal guardian, please do not to allow your children to submit personal information without your permission.

How We Use Personal Information

SH Group may use personal information in a variety of ways, including through personal contact, through emails and correspondence, via our Sites, and through third parties, such as travel agents and other business partners. We use personal information for the purposes disclosed in this Privacy Statement, or as permitted by law. In general we use personal information in order to:

  • Provide the services you request, such as to facilitate reservations, send a confirmation, send you a pre-arrival message and provide information about the area and the hotel;
  • Provide you with information about meeting, event or celebration planning and access to specific account information for administrative purposes;
  • Assist with the planning of meetings and events;
  • Service your account and services preferences;
  • Administer our membership and loyalty programs
  • Send you periodic customer satisfaction, market research or quality assurance surveys;
  • Comply with legal and regulatory obligations;
  • Send you promotions and offers from SH Group which may be of interest to you, including:
    • Promotions and news such as your account information, exclusive offers, hotel openings;
    • Hotel specials such as last minute rates and personalized destinations deals and packages;
    • SH Group membership and loyalty programs and promotions; and
    • Partner offers, such as financial products, car hire, and club memberships
  • Protect our rights and property;
  • Learn about our markets and improve our products and services; and
  • Ship products, information or provide services to you.

To better serve you, we may combine personal information we receive online with information you directly provide to us and information we obtain from third parties such as airline, credit card, and other partners, travel agents, event planners, information from social media sites consistent with your settings on such sites, such as social media sign-on programs, and other third-party sources. Such information may include:

  • Guest stay information, including the hotels where you have stayed, date of arrival and departure, goods and services purchased, observations regarding your service and consumption preferences (including room, holiday preferences, amenities requested, facilities or other services used), and special requests;
  • Telephone numbers dialed, faxes sent/received or receipt of telephone messages when communicated through the telephone services we may provide guests during their stay;
  • Information collected through the use of closed circuit television systems, card key and other security systems; and
  • Additional contact information about you that we may obtain through third parties with whom we do business (such as travel agents or similar providers). For example, if we know your name and postal address, we may request your email address from your travel agent.

With Whom We Share Personal Information

We may share your personal information with affiliates and trusted third parties who assist us by providing products and services to you including, but not limited to:

  • On-property service providers, such as concierge services, spa treatments, golf or dining;
  • Co-sponsors of promotions;
  • Meeting service providers if part of a group event or meeting;
  • Business partners, such as rental car companies and airlines; and
  • Service providers that provide administration functions, reservation services, program management, communications and marketing services, advertising services, information technology services, website management, data hygiene and data analytics services billing services, and accounting and legal advice.

We may also share your personal information with our affiliates or third parties that we feel may offer products or services that may be of interest to you.

As we develop our business, we might sell, buy, restructure or reorganize businesses or assets. In the event of a merger, consolidation, sale, liquidation or transfer of assets, SH Group may, in its sole and absolute discretion, transfer, sell or assign information collected to one or more affiliated or unaffiliated third parties.

Finally, we may disclose your personally identifiable information to third parties in order to comply with law, law enforcement agencies, respond to emergencies, to protect our rights in or the safety of our Sites, or to protect the safety or rights of other users of the Sites and our customers.

Other Information

When you visit and interact with the Sites, SH Group and third parties with whom SH Group has contracted to provide services to SH Group, may collect certain information (for example, the Site pages you visit, and the number of visits to our sites). We use cookies to collect this information (please see our Statement on the Use of Cookies).

We may also aggregate or anonymize general statistics that we gather about users, sales, traffic patterns, and services and provide these statistics to third parties; however, when we do, these statistics will not include any personal information that identifies individuals.

Because this information does not personally identify you, such information may be disclosed for any purpose. In some instances, we may combine this information with personal information. If we do combine this information with personal information, the combined information will be treated by us as personal information in accordance with this Privacy Statement.

Updating Your Information and Marketing Choices

If you prefer not to receive email marketing materials from us, you may opt-out at any time by using the unsubscribe function in the email you receive from us. Opt-out requests can take up to ten business days to be effective.

Please note, however, that if you change the communications you receive from us as described above, we will not be able to remove your personal information from the databases of affiliates or business partners with whom we have already shared your personal information as of the date of your opt-out request.

California Residents: Residents of California that have provided their personal information to the SH Group may request information about our disclosures of certain categories of personal information to third parties for their direct marketing purposes. Such requests must be submitted to us at one of the following addresses: shgroupnotice@shgroup.com. Within thirty days of receiving such a request, we will provide a list of the categories of personal information disclosed to third parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted to addresses other than the addresses specified in this paragraph.

How We Respond to Do Not Track Signals

SH Group does not track its users over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals. Third parties that have content embedded on the Sites, such as a social feature may set cookies on a user’s browser and/or obtain information about the fact that a web browser visited a specific Site from a certain IP address. Third parties cannot collect any other personally identifiable information from the Sites unless you provide it to them directly.

Links to Third Party Websites

The Site may contain links to third parties' websites. Please note that we are not responsible for the collection, use, maintenance, sharing, or disclosure of data and information by such third parties.

Other third-party websites include the landing page of the high-speed Internet providers at our hotels, as well as social media sites (such as Facebook and Twitter) on which SH Group or our properties may have accounts or fan pages where you may be able to post information and materials.

If you provide information on third party sites, the privacy policy and terms of service on those sites are applicable. We encourage you to read the privacy policies of websites that you visit before submitting personal information.

Protecting Personal Information

SH Group will take reasonable measures to: (i) protect personal information from unauthorized access and disclosure, and (ii) keep personal information accurate and up-to-date as appropriate. We also seek to require our affiliates and service providers with whom we share personal information to exercise reasonable efforts to maintain the confidentiality of personal information about you. For online transactions, we use reasonable technology to protect the personal information that you transmit to us via our site. Unfortunately, however, no security system or system of transmitting data over the Internet can be guaranteed to be entirely secure and we do not guarantee the security of any information you provide to SH Group through the Sites.

For your own privacy protection, we encourage you not to include sensitive personal information in any emails you send to us. Please do not send credit card numbers or any sensitive personal information to us via email. We will not contact you by mobile/text messaging or email to ask for your confidential personal information or credit card details. We will only ask for your confidential personal information or credit card details by telephone when you are booking a reservation by telephone. We will not contact you to ask for your account log-in information. If you receive this type of request, you should not respond to it. We also ask that you please notify us at shgroupnotice@shgroup.com.

Policy Changes

By visiting this Site, you consent to the collection and use of information by us as set forth in this Privacy Statement. If we decide to make a change to this Privacy Statement, such change will be reflected herein and the last date on which the Privacy Statement was updated will be listed below.

Question and Comments

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

Last Updated: August 18, 2014

©2014 SH Group Operations, L.L.C. All Rights Reserved.

Terms and Conditions

SH GROUP WEBSITE TERMS & CONDITIONS

These terms and conditions (“Terms & Conditions”) apply to all websites (each a “Site”) of the hotel brands owned and licensed by SH Group Operations, L.L.C. and its affiliates ("SH Group," “us,” “we,” “our”), including 1 Hotels and Baccarat Hotels & Resorts.

Your use of this Site is subject to these Terms & Conditions along with any specific terms and conditions set forth on the individual pages within this Site (collectively, the “Terms & Conditions”) and all applicable regulations and laws, including, but not limited to, those relating to trademark, copyright, and other intellectual property rights. Your submission of information on this Site is subject to SH Group’s Privacy Statement, which is hereby incorporated into these Terms & Conditions.

PLEASE READ THE TERMS & CONDITIONS CAREFULLY BEFORE OBTAINING OR USING ANY MATERIALS, PRODUCTS, SERVICES OR INFORMATION THROUGH THE SITE. BY ACCESSING THE SITE, YOU AGREE TO ACCEPT, WITHOUT QUALIFICATION OR LIMITATION, ALL OF THE TERMS & CONDITIONS. We reserve the right to amend any section of the Terms & Conditions without notice by posting an amended statement on the Site. Your continued access or use of the Site means that you accept and agree to the revised Terms & Conditions. Please exit the Site immediately if you do not accept these Terms & Conditions (as amended from time to time).

USE OF THE SITE

General

The services of the Site are not intended for and should not be used by minors. You may only use the services of this Site if you are at least 18 years of age and can form legally binding contracts under applicable law. Additional terms and conditions may apply to reservations, transactions, purchases, activities, or uses that may occur on or through this Site. You agree to comply with these Terms & Conditions and any applicable additional terms and conditions. Accounts / Passwords We may enable you to establish an account with a username and password to access and use the certain areas of the Site, and other services. You are responsible for preserving the confidentiality of your passwords, log-in, and account information. You will be financially accountable for all uses of the Site by you and/or by any third party using your account information. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us when you desire to cancel your account. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

Credit Card Information

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

Reservations

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

Promotional Information

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

Links to Third Party Websites

The Site may contain links to third party websites. SH Group provides these links solely for your convenience. The inclusion of these links in no way indicates SH Group’s endorsement, approval, or support of such site’s content, products, services, or operators. We undertake no obligation to monitor or review any sites linked to or from the Site. Your use of any such site is subject to the terms and conditions of such sites and at your own risk and. We are not responsible for the practices, services, products, or content of third party sites. Additionally, you agree not to link your site or any other third party site to the Sites without express prior written consent of SH Group. In addition, certain actions on the Site may result in specific advertising from third parties, including information that may be displayed in other windows or in third party sites.

SH Group’s Right to Cancel / Errors / Mistakes

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

Miscommunications / Lost Transactions

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

Availability

The Site is available to anyone with Internet access. The Site may become unavailable due to maintenance or repairs or due to computer malfunctions, crashes, disruption in Internet service or other unforeseen circumstances. A reference to a product or service on the Site does not imply that such product or service is or will be available in your location. The content on the Site, including advertising content, is intended for use and display only where permissible in accordance with applicable laws and regulations. Each product or service is void where prohibited by law.

Prohibited Uses

Any commercial use of this Site is strictly prohibited unless you have obtained express prior written consent from SH Group. You may not use this Site to post or transmit any unlawful, threatening, libelous, infringing, defamatory, indecent, inflammatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, or for any other purpose that is unlawful or prohibited by these Terms & Conditions. You agree that you will not (a) interfere or disrupt the Site, (b) use or attempt to use any robot, spider, automatic device, or automatic or manual process to monitor or copy the Site without SH Group’s prior express written consent, (c) use any device, software, or other instrument to monitor, copy, interfere with, or attempt to interfere with this Site, its content, or its operation without SH Group’s prior express written consent, or (d) use, place, or distribute any viruses, worms, time bombs, and/or other computer programming routines that damage, disrupt, intercept, or harm (or intend to do any of the preceding) the Site, including the underlying hardware, software, systems, and any users of the Site or their devices.

SH Group Disclaimer

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

INTELLECTUAL PROPERTY

Copyright

Unless otherwise noted, all content on this Site is the copyrighted property of SH Group, its affiliates, or licensors. All content of this Site is protected by United States copyright laws as well as the applicable laws of other jurisdictions.

General / Ownership

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

SH Group Trademarks

SH Group and other related marks used on the Site including, without limitation, “Baccarat” and “1 Hotels” and all derivatives thereof, are trademarks of SH Group and its affiliates. The use of the ® symbol (if used) designates marks that are registered with the U.S. Patent and Trademark Office, and such marks may also be registered with the trademark offices of certain other countries. Those marks and related names, trademarks, designs, logos, and trade dress shown on the Site are owned by SH Group (or its affiliates) and protected by the trademark laws of the United States and other jurisdictions whether or not the ® symbol is, or is not, used.

Materials Submitted by You

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

Notice and Procedures for Making Claims of Copyright Infringement

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

If you believe that your work has been copied in a manner that constitutes copyright infringement, please contact: SH Group Finance Department 1140 Avenue of the Americas 5th Floor New York, NY 10036 646-595-1400 shgroupnotice@shgroup.com

With a copy to legalnotice@starwood.com.

Include the following information:

  • Your name, address, telephone number and email address;
  • A description of the allegedly infringing material and where it is located on the Site;
  • A description of the copyrighted work that you claim has been infringed;
  • A statement by you under penalty of perjury that your notice is accurate, that you are the copyright owner or that the copyright holder has authorized you to act on its behalf; and
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agents, or the law;
  • Your written or electronic signature attesting to the abovli>

GENERAL LEGAL TERMS

Right to Restrict Access

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

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SH GROUP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS, HEREBY DISCLAIM ALL LIABILITY FOR ANY LOSS, COST OR DAMAGE (DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHERWISE) SUFFERED BY YOU AS A RESULT OF YOUR USE OF THE SITE OR FROM ANY COMPUTER VIRUS TRANSMITTED THROUGH THE SITE, OR OTHER SITES ACCESSED FROM THE SITE, WHETHER SUCH LOSS, COST OR DAMAGE ARISES FROM OUR NEGLIGENCE OR OTHERWISE AND EVEN IF WE ARE EXPRESSLY INFORMED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, COSTS, LOSSES AND CAUSES OF ACTION IN THE AGGREGATE (WHETHER IN CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY) AND WHETHER OR NOT WE WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OR THE POSSIBILITY OF SUCH DAMAGE ARISING FROM THESE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY STATEMENT, OR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00 (US).

Warranty Disclaimer

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

Indemnity

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

Jurisdiction / Governing Law / Choice of Forum

This Site is operated and controlled by SH Group from its offices within the State of New York, United States of America. These Terms & Conditions and any dispute arising out of or related to the Terms & Conditions or use of Site shall be governed in all respects by and construed and enforced in accordance with the laws of the State of New York, U.S.A., without regard to its conflicts of law principles. Exclusive jurisdiction over any cause of action arising out of these Terms & Conditions or your use of the Site shall be in state or federal courts located in or near New York, New York, U.S.A. You further agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

No Waiver

SH Group’s failure to enforce or insist upon strict performance of any provision of these Terms & Conditions shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and SH Group nor any trade practices shall be considered to modify these Terms & Conditions.

Severability

If any part of these Terms & Conditions is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. All other provisions of these Terms & Conditions shall remain in full force and effect.

Forward Looking Statements

Certain statements and assumptions in this Site contain or are based upon “forward-looking” information and are being made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. When we use the words “will,” may,” “estimate,” “anticipate,” “should,” “believe,” “expect,” “intend,” or similar expressions, we intend to identify forward-looking statements. These statements are subject to numerous uncertainties and assumptions as described in our Annual Report on Form 10-K, Quarterly Reports on Form 10-Q and other SEC filings which could cause our actual results to differ materially from those expressed in or implied by the content of this Site. Forward looking statements made in this web site are made only as of the date of their initial publication and we undertake no obligation to publicly update any of these forward looking statements as actual events unfold.

Question and Comments

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

Last Updated: August 18, 2014

©2014 SH Group Operations, L.L.C. All Rights Reserved.