Terms
of Service

THIS IS A BINDING LEGAL AGREEMENT

These website terms of use constitute a binding legal agreement governing your use of this Internet site located at [website address] (the "Site") and is between Pebblebrook Hotel Trust (referred to herein as "Pebblebrook,” "we", "us", or "our") and you. By visiting and using the Site, you agree to these terms and conditions. If you do not agree to these terms of use, please do not use the Site. The Site is available only to individuals and entities that can form legally binding contracts under applicable law. Without limiting the foregoing, the Site and the services offered by the Site are not available to minors. If you do not qualify, please do not use the Site. We reserve the right to change, update or correct any of these terms or any information contained in the Site at any time without notice by posting amended terms to the Site. Your continued use of the Site following the posting of changes to these terms will mean that you accept those changes.

RESTRICTIONS ON USE OF MATERIALS

The content included on the Site, including but not limited to all text, graphics, logos, button icons, images, graphics, audio clips, digital downloads, and data compilations relating to this Site, and all trademarks, service marks, brands, names, and designs of Pebblebrook are the property of Pebblebrook, or its subsidiaries or affiliated companies and/or third party licensors. 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 standard customary web browsing. 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, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material for any purpose other than personal, non-commercial use with our written permission.

CONTENT LINKED TO THE SITE

The Site may contain links to third party websites. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site. 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. We reserve the right to disable links from any third party sites to the Site.

PROHIBITED USES

Any commercial use of the Site is expressly prohibited unless you have obtained prior written consent from Pebblebrook. You will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site or the contents or information (including the Information) contained therein without our prior express written consent. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted through the Site. 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 of use.

WARRANTY DISCLAIMER

THE SITE IS PROVIDED “AS IS,” AND YOUR USE OF THE SITE IS AT YOUR OWN RISK. PEBBLEBROOK, 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. PEBBLEBROOK DOES NOT WARRANT THAT THE SITE WILL BE FREE FROM VIRUSES, AVAILABLE, ACCESSIBLE, ERROR-FREE, UNINTERRUPTED OR THAT THE CONTENTS WILL BE ACCURATE. ALTHOUGH PEBBLEBROOK TAKES REASONABLE STEPS TO SECURE THE SITE, YOU ACKNOWLEDGE THAT THE INTERNET IS NOT A COMPLETELY SECURE MEDIUM AND PEBBLEBROOK 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.

INDEMNIFICATION

You will indemnify and defend Pebblebrook and its owners, directors, agents, employees and representatives against any and all allegations, demands, claims, liabilities, damages, fines, loss, penalties or costs of whatsoever nature (including reasonable attorneys' fees) arising out of or in any way connected with 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 of use or any other laws, regulations and rules. You will also indemnify against any claims that information or material that you have submitted to us 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.

LIMITATION OF LIABILITY

NEITHER PEBBLEBROOK NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS, SHALL BE LIABILE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, PEBBLEBROOK’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST PEBBLEBROOK, AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS ARISING OUT OF YOUR USE OF THE SITE OR ANY MATERIALS, OPINIONS, OR RECOMMENDATIONS OF THIRD PARTIES ON THE SITE.
JURISDICTIONAL/GOVERNING LAW/CHOICE OF FORUM This Site is operated and controlled by Pebblebrook from its offices in Bethesda, Maryland, United States of America. These terms of use, and any dispute arising out of or related to the terms or use of the Site, shall be governed in all respects by and construed and enforced in accordance with the laws of the State of Maryland, without regard to its conflicts of laws principles. Exclusive jurisdiction over any cause of action arising out of these terms of use or your use of the Site shall be in state or federal courts located in or near Bethesda, Maryland. You further agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any such claim or action.

SEVERABILITY

If any part of these terms of use 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 of use shall remain in full force and effect.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pebblebrook respects the intellectual property rights of third parties. Pebblebrook responds to notices of alleged copyright infringement according to the Digital Millennium Copyright Act (“DMCA”) at 17 U.S.C. § 512(c)(2). Whether or not Pebblebrook believes that it is liable for any copyright infringement for which it is provided notice, Pebblebrook’s acknowledgment may include removing or disabling access to material claimed to be subject of infringing activity and/or terminating an individual’s access to the site, at Pebblebrook’s discretion and operating within the guidelines of the DMCA. If you believe that you work has been copied in a manner that constitutes copyright infringement, please contact: Pebblebrook, 4747 Bethesda Avenue, Suite 1100, Bethesda, MD 20814, [phone], [email], including the following information:

1. Your name, address, telephone number, and email address;
2. A description of the allegedly infringing material and where it is located on the Site;
3. A description of the copyrighted work that you claim has been infringed;
4. 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;
5. 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; and
6. Your written or electronic signature attesting to the above.