PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. By accessing or using the Mission by SH Loyalty Program (“Loyalty Program”), you agree to be bound by all the terms described herein or incorporated by reference. If you do not agree to all the terms, do not participate in the Loyalty Program.
These Terms and Conditions (“Terms”) apply to your participation as a member in the Loyalty Program, which is operated by SH Group Hotels & Residences, U.S., LLC (“SH”). SH may change the Loyalty Program rules, conditions, benefits, or awards pertaining to the Loyalty Program at any time without notice. Awards and associated benefits may be subject to taxes. Any required disclosure and tax liability is your sole responsibility. Participation in the Loyalty Program, the awarding and redemption of Loyalty Program offers are void where prohibited by law, and are subject to applicable government regulations. These Terms may only be modified in writing by SH.
PLEASE NOTE: THESE TERMS CONTAIN AN AGREEMENT BY YOU TO RESOLVE DISPUTES ARISING FROM THESE TERMS OR YOUR PARTICIPATION IN THE LOYALTY PROGRAM THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS. PLEASE REVIEW THE ARBITRATION AGREEMENT BELOW SINCE YOU ARE GIVING UP CERTAIN RIGHTS, SUCH AS THE RIGHT TO A JURY TRIAL AND THE RIGHT TO SUE SH IN A CLASS ACTION LAWSUIT.
1. Eligibility. The Loyalty Program is free and available to any individual who is at or above the age of majority in his or her jurisdiction and resides in a jurisdiction which legally permits participation in the Loyalty Program. The Loyalty Program is not available to residents of Cuba, Iran, North Korea, Sudan, Syria, or the Crimea region of Ukraine. In order to enroll in the Loyalty Program, you must (i) provide valid and accurate personal information when enrolling and (ii) not have previously been terminated from any loyalty program by SH. Participants are only eligible to have one membership account. Joint accounts are not permitted.
2. Participating Properties. The following properties managed by SH participate in the Loyalty Program: 1 Hotel Brooklyn Bridge, 1 Hotel Central Park, 1 Hotel Hanalei Bay, 1 Hotel Nashville, 1 Hotel San Francisco, 1 Hotel South Beach, 1 Hotel Toronto, and 1 Hotel West Hollywood (“Participating Property(ies)”) SH reserves the right to add or remove Participating Properties at any time in its sole discretion and without any liability or obligation to you.
3. Enrollment. Subject to the eligibility requirements set forth in Section 1 of these Terms, you may apply to the Loyalty Program by fully and accurately completing an application on the Loyalty Program website or at a Participating Property. Every application must include your current email address. SH reserves the right to deny membership in the Loyalty Program to any applicant in its sole discretion and without written notice.
4. Assignment of Membership Account and Membership Number. After applying to the Loyalty Program, a membership account will be opened, and a membership number will be assigned to you. Upon receiving your membership number, you become a member eligible to earn Points.
5. Duplicate Accounts. You may not have more than one Loyalty Program membership account at any time. If more than one membership number is assigned to you, you will only receive Points or Rewards for one membership account. Duplicate membership accounts are subject to cancellation in SH’s sole discretion. Duplicate membership accounts must be combined into a single membership account with one membership number and one points and rewards balance, and you are responsible for requesting account combination through the online form on the Loyalty Program’s website. Membership accounts cannot be combined in person at Participating Properties, through the Loyalty Program mobile application, or through other booking channels. Some account details may take up to three (3) days to post to a newly combined membership account.
6. Personal Profile. Information provided by you will be maintained in a personal preference profile (“Account Profile”) with your membership account. All information provided by you in your Account Profile must be valid and accurate and must be kept current. Credit card information included in your Account Profile will be used by Participating Properties to guarantee your stay and to pay for any stay and other charges, unless you provide a different credit card when you make a reservation, at check-in or at check-out. You may change your credit card authorization for future transactions in your Account Profile on the Loyalty Program website or you may contact Member Support at [[email protected]]. You can review your points and rewards balance and transaction history and update personal details and preferences in your Account Profile. Your membership number or user name and password are required to access the Loyalty Program website.
7. Use of Personal Information Collected in Application. The personal information you provide SH when completing the Loyalty Program application and redeeming Points and Give Back Rewards (defined below) is collected and otherwise handled in accordance with SH’s Privacy Statement, available at https://www.shhotelsandresorts.com/privacy-policy. Your provision of accurate information is necessary for SH to properly administer the Loyalty Program and provide each member with opportunities to maximize their membership benefits. By enrolling, you also consent to the transfer of your personal information to countries where our information processing facilities, business operations and hotels are located, including the United States and other countries where data protection laws may differ from those of your home country.
8. Loyalty Program Membership Benefits.
8.1 Member Rates. Loyalty Program members may receive an exclusive, preferred rate ("Mission Rate") when booking rooms through the Participating Properties’ or SH’s website or call center. The Mission Rate is only available at Participating Properties, and advanced reservations are required. The Mission Rate offers a discount of at least two percent (2%) off the Participating Property’s lowest applicable available public rates for non-premium rooms. The Mission Rate must be booked using the appropriate member rate category. The Mission Rate does not apply to groups of eight (8) or more guest rooms. The Mission Rate may not be combined with other select promotions, offers or discounts, and is not valid for existing reservations or groups. The Mission Rate does not apply to qualified transient rates such as government rates, negotiated rates, AAA rates, travel agent rates, or the Senior Discount rate.
8.2 Membership Tier Benefits. Members enjoy the benefits described below according to their Membership Tier*. In order to receive the Hotel Credit benefit, you must book your stay through your Loyalty Program account online and select the Hotel Credit rate plan specific to your Membership Tier. You will not receive the Hotel Credit if it is not selected during the reservation process.
Give Back Rewards. Members earn Give Back Rewards on Qualifying Charges accrued on a Qualifying Stay at a Qualifying Rate (defined below). Give Back Rewards may be redeemed for SH experiences or contributed to one of SH’s renewable energy partners, as described in more detail on the Loyalty Program website.
8.3 Earning Opportunities at Participating Properties. As a member, you will earn:
(a) One Point for each U.S. dollar, or the local currency equivalent, that is incurred and paid by you for your room (excluding taxes and allowances). Points earned toward Membership Tier levels will be awarded after room charges are paid in full.
(b) Give Back Rewards on a percentage of each U.S. dollar, or the local currency equivalent, that is incurred and paid on Qualifying Charges at Participating Properties. Give Back Rewards will be awarded up to thirty (30) days after checkout and your stay is validated. The Give Back Reward percentages are below, and are subject to change:
||Give Back Reward Percentage
||1% Give Back Rewards
||2% Give Back Rewards
||3% Give Back Rewards
||4% Give Back Rewards
8.4 Membership Tiers. Your Membership Tier is determined by the number of Points you earn annually (as calculated starting from the date of your enrollment in the Loyalty Program), subject to exclusions set forth herein. Any advancements in Membership Tier will occur on the fifth day of the month following the month in which your Point total reaches the minimum amount required for the next Membership Tier. Once you have reached a certain Membership Tier, you may keep such status for the remainder of the twelve month period (as calculated starting from the date of your enrollment in the Loyalty Program) and for the subsequent twelve month period (“Subsequent 12 Months”), even if you earn fewer than the required number of points to maintain such Membership Tier during the Subsequent 12 Months. Solely for the purpose of calculating your Membership Tier status, your earned points are re-set to zero points on the first day of each twelve month period, as calculated starting from the date of your enrollment in the Loyalty Program.
||0 - 4,999 Points
||5,000 - 49,999 Points
||50,000 - 74,999 Points
8.5 Qualifying Charges. Qualifying Charges are incurred during a stay in a guest room, excluding all Non-Qualifying Charges (defined below), at a Participating Property by you and up to two (2) additional guest rooms.
8.6 Non-Qualifying Charges. Non-Qualifying Charges, which do not qualify for Give Back Rewards, include (but are not limited to) any complimentary services, Points redemption awards, promotional awards or any other fees or charges including, without limitation: (A) charges for banquets, meetings or other functions; (B) other fees paid including, without limitation, parking, business center, retail stores, and other third-party services; and (C) room rate related taxes, service charges, gratuities, fees (e.g., late cancellation fee or no-show fees), mandatory or automatic charges (e.g., resort charges) and other applicable charges.
8.7 Qualifying Stays. A “Stay" means all consecutive nights you register for and stay at any Participating Property for which the room is billed and paid for by you or a company or other person who has arranged payment for your stay that is not associated with a convention or group meeting. A “Qualifying Stay” is a stay of one or more consecutive nights at the same Participating Property, where you : (A) provide your membership number at the time of reservation or at check-in; (B) pay a Qualifying Rate; and (C) stay in one of the reserved guest rooms. If you check out of a guest room and then check back into a guest room at the same Participating Property within twenty-four (24) hours, it will count as a single stay for purposes of calculating Stays. You may only earn Give Back Rewards for up to three (3) guest rooms during any Qualifying Stay and only if you stay in one of the reserved guest rooms and pay a Qualifying Rate. A Qualifying Stay earns credit towards Give Back Rewards pursuant to these Terms. You cannot earn or receive benefits at multiple Participating Properties for the same Stay date(s). Only one member per guest room can earn Give Back Rewards. If there is more than one member staying in the same guest room, the member who pays the Qualifying Charges will be the only member who receives Give Back Rewards.
8.8 Qualifying Rates. A “Qualifying Rate” is the rate you pay for a Stay in a guest room at a Participating Property that qualifies to earn Give Back Rewards. Qualifying Rates must be booked directly on the Participating Property or SH’s website or through the Participating Property’s call center without application of a discount code, travel agent code, or special negotiated rate code. These include Standard and Premium Retail rates and Advance Purchase rates. The Mission Rate is a Qualifying Rate. Unless otherwise set forth herein, you will receive Give Back Rewards benefits only during Stays with Qualifying Rates.
8.9 Non-Qualifying Rates. A “Non-Qualifying Rate” is a rate you pay for a Stay in a guest room at a Participating Property which does not qualify to earn Give Back Rewards. Rates are Non-Qualifying if they are booked using any of the following methods or under the following circumstances:
(a) Through a tour operator, online travel channel or other third-party channel including, without limitation, expedia.com, hotwire.com, priceline.com, orbitz.com, booking.com, and travelocity.com;
(b) At a group rate as part of an event, meeting, conference or organized tour;
(c) At a tour operator, wholesaler, or crew room rate, travel industry rates and organized tours or package bookings;
(d) The guest room was complimentary;
(e) A voucher or third-party award; or
(f) Through a special government rate, negotiated rate, consortia rate, or special travel agency rate.
9. Points and Give Back Rewards Terms.
9.1 Points and Give Back Rewards Subject to Terms. The accumulation of Points and Give Back Rewards is subject to these Terms. You are responsible for reading these Terms, newsletters, and account statements in order to understand your rights, responsibilities, and status in the Loyalty Program, as well as the structure for earning Points and Give Back Rewards.
9.2 Credit for Stays Completed Prior to Enrollment: Points and Give Back Rewards may be earned for Qualifying Stays with a check-out date within thirty (30) days prior to your enrollment in the Loyalty Program. If credit is not automatically reflected in your account, you may request it through the property where you stayed or through Member Support within thirty (30) days of the Qualifying Stay's check-out date, providing a copy of the paid receipt for the stay along with your request. SH may request additional documentation in order to provide a credit.
9.3 Taxes. Points and Rewards earned through participating in the Loyalty Program may be subject to tax or other liability or responsibilities. Any tax (or other) liability or responsibilities, including disclosure, connected with the receipt or use of Points or Rewards is solely your responsibility.
9.4 Foreign Exchange. The amount of Points and Rewards earned at Participating Properties where a non-U.S. dollar currency is used will be calculated based on conversion to U.S. dollars at the exchange rate selected by SH. This may be the foreign exchange rate used by a Participating Property at check-in, at check-out, or another rate selected by SH.
9.5 No Sale or Transfer. Points, Give Back Rewards, and other membership benefits may not be sold, bartered or transferred. Any attempted transfer, sale or barter will be void and all Points, Rewards and/or benefits will be cancelled. SH and its partners may refuse to honor or recognize any Points, Give Back Rewards or Member benefits which SH believes may have been transferred, sold or bartered. Any Points and/or Give Back Rewards which the Loyalty Program deems in its sole discretion to have been transferred in violation of these Terms may be voided.
9.6 Points and Rewards Expiration Policy. You must remain active in the Loyalty Program to retain Points and Give Back Rewards they accumulate. If your account is inactive for twenty-four (24) consecutive months, that account will irrevocably forfeit all accumulated Points and Give Back Rewards. You can remain active in the Loyalty Program and retain accumulated Points by earning Points and Give Back Rewards in the Loyalty Program or redeeming Give Back Rewards in the Loyalty Program at least once every twenty-four (24) months, subject to the exceptions described herein. If you do not maintain an active status for five (5) consecutive years, your account may be deactivated. Once Points and Give Back Rewards are forfeited, they will not be reinstated.
9.7 Additional Terms Related to Give Back Rewards. The Give Back Rewards program is administered by The Guestbook, a third party administrator unaffiliated with SH. Tracking and redemption of all Give Back Rewards is the sole responsibility of The Guestbook, not SH. Members are required to contact The Guestbook at [email protected] or +1-323-794-2714 with any questions about your Give Back Rewards, including, but not limited to, Give Back Rewards balance, qualifying transactions and Give Back Rewards redemption. SH may replace The Guestbook with a different third party administrator in its sole and absolute discretion, and with no liability to you. SH assumes no liability or responsibility for any errors, mistakes or inaccuracies related to The Guestbook’s management of Give Back Rewards, and SH assumes no liability or responsibility for The Guestbook’s failure to maintain or redeem Give Back Rewards for any reason whatsoever, including but not limited to, in the event of bankruptcy. YOU HEREBY FULLY RELEASE SH, THE PARTICIPATING PROPERTIES, THEIRPARENTS, SUBSIDIARIES, AFFILIATES, OWNERS, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS (THE “SH ENTITIES”) FROM ANY AND ALL ACTIONS, CAUSES OF ACTION, CLAIMS, OBLIGATIONS, COSTS, LOSSES, LIABILITIES, DAMAGES AND DEMANDS OF WHATEVER NATURE, WHETHER OR NOT KNOWN, SUSPECTED OR CLAIMED, THAT YOU HAVE AGAINST THE SH ENTITIES ARISING OUT OF OR IN ANY WAY RELATED TO THE ACTS OR OMISSIONS OF THE GUESTBOOK IN CONNECTION WITH THE ADMINISTRATION OF REWARDS THROUGH THE LOYALTY PROGRAM.
10. Membership Communications. All members of the Loyalty Program will receive communications from SH regarding the Loyalty Program, and by agreeing to these Terms and signing up to the Loyalty Program, you consent to receive marketing communications from SH. If you no longer wish to receive such communications, you may opt out at any time. All Loyalty Program communications will be sent to your mailing address or email address provided in your Account Profile, as designated by you. Communications delivered to the address on file will be deemed to have been received one (1) business day after sending if delivered to your email address or five (5) business days after sending if mailed to the mailing address provided. You must keep their email and mailing addresses current. Neither SH nor the Loyalty Program shall have any responsibility for misdirected or lost mail or any consequences thereof. Members who opt in on their Account Profile may receive regular points and rewards balance reports by email, provided there has been a transaction on the Account since the last points and/or rewards balance report. SH may also send you promotions, offers and other communications from time to time, which may include, without limitation, items from third parties. The items from third parties are based on the information provided to SH by you and any additional data SH may maintain. You may change personal details and communications preferences at any time in the Account Profile on the Loyalty Program website or by contacting Member Support.
11. Contacting Member Support. Any time you contact Member Support, SH may ask you certain security questions to verify your identity. Member Support may monitor or record telephone calls to improve quality of service.
12. Cancellation of Membership. Subject to applicable law, your membership in the Loyalty Program will terminate automatically upon your filing for bankruptcy or otherwise being subject to a bankruptcy proceeding. You may cancel your membership in the Loyalty Program at any time by sending written notice of cancellation to Member Support. All Points and Give Back Rewards as well as achieved Membership Tier status, will be forfeited immediately and may not be reinstated or transferred. SH may cancel or suspend, in SH’s sole and absolute discretion, your accumulated Points, Give Back Rewards benefits, and/or Membership Tier Status at any time with immediate effect and without written notice, for any reason including, without limitation, if the SH believes you have:
(a) Acted in a manner inconsistent with applicable laws, regulations, or ordinances;
(b) Failed to pay any hotel or other bill when due to SH or a Participating Property;
(c) Acted in an inappropriate, fraudulent, abusive or hostile manner;
(d) Breached or violated any of these Terms or SH’s Website Terms and Conditions available at https://www.shhotelsandresorts.com/terms-conditions;
(e) Fraudulently claimed eligibility to earn benefits; or
(f) Engaged in any misconduct or wrongdoing in connection with the Loyalty Program including, without limitation, with respect to Points, Give Back Rewards usage, or any other Loyalty Program member benefits.
13. Effect of Cancellation. The Loyalty Program, Points, Give Back Rewards, and other related benefits and services are the sole property of SH and are not the property of you or other members. Upon cancellation of your membership in the Loyalty Program for any reason, all Points, Give Back Rewards and other related benefits will be forfeited, and you will no longer be able to participate in the Loyalty Program. Points, Give Back Rewards and other related benefits have no cash value, and SH will not compensate or pay cash for any forfeited or unused benefits. If SH cancels your membership for any reason other than inactivity, you may not reapply for membership in the Loyalty Program, and any account opened in your name and Points, Give Back Rewards and other related benefits earned in that account will be forfeited upon discovery. If you cancel your membership, or if your account becomes inactive, you may reapply for membership in the Loyalty Program at a later date, but no Points, Give Back Rewards or other related benefits previously forfeited or expired will be reinstated to your account. Any Membership Tier status terminates upon cancellation or termination of your account.
14. Modification of Loyalty Program. Except as otherwise expressly prohibited or limited by applicable laws, SH, at its sole and absolute discretion, has the right to change, limit, modify or cancel the Loyalty Program rules, rewards, and reward levels at any time, with or without notice, even though such changes may affect the value of Points or Give Back Rewards, or the ability to obtain certain rewards. SH may, among other things: (i) increase or decrease the number of points or rewards received for a stay or required for a reward; (ii) withdraw, limit, modify or cancel any Reward; (iii) add blackout dates, limit rooms available for any reward at any Participating Property or otherwise restrict the continued availability of rewards; (iv) change program benefits, locations served by SH, conditions of participation, rules for earning, redeeming, retaining or forfeiting points or rewards, or rules governing the use of rewards; and/or (v) terminate the Loyalty Program in its entirety. In accumulating Points or Give Back Rewards, you may not rely upon the continued availability of any reward or reward level and category.
15. Termination of Program. SH , in its sole and absolute discretion, may terminate the Loyalty Program in whole or in part with ninety (90) days’ advance notice to all active Loyalty Program members. At SH’s sole discretion, SH may choose to substitute a similar loyalty program for the Loyalty Program at any time immediately upon notice sent to active Loyalty Program members at the addresses or email addresses currently on file for such members. You may not accumulate Points or claim Give Back Rewards or Loyalty Program benefits or amenities after the termination of the Loyalty Program. IF THE LOYALTY PROGRAM IS TERMINATED, ALL POINTS AND GIVE BACK REWARDS WILL BE FORFEITED AS OF THE LOYALTY TERMINATION DATE SET FORTH ON THE TERMINATION NOTICE, WITHOUT ANY OBLIGATION OR LIABILITY, AND NO REWARDS WILL BE HONORED AFTER THE CONCLUSION OF THE NOTICE PERIOD. Any participating hotel may terminate participation in the Loyalty Program at any time, without notice.
16. Benefits Subject to Availability and Modification. All Loyalty Program benefits, amenities, offers, awards and services, including Give Back Rewards, are subject to availability and may be changed at any time without notice.
17. No Implied Warranties or Representations. SH makes no warranties or representations, either express or implied, with respect to type, quality or fitness of goods or services provided through the Loyalty Program or by Participating Properties.
18. Waiver. SH’s waiver of any breach of the Loyalty Program terms by any member will not constitute a waiver of any other prior or subsequent breach of Loyalty Program terms. SH’s failure to insist upon strict compliance with the Loyalty Program terms by any member will not be deemed a waiver of any rights or remedies SH may have against that or any other member. SH may waive compliance with the Loyalty Program terms in its sole discretion.
19. Limitation of Liability. IN NO EVENT WILL SH GROUP HOTELS & RESIDENCES, U.S., L.L.C., ITS SUBSIDIARIES AND AFFILIATES, ANY PARTICIPATING PROPERTY, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THE LOYALTY PROGRAM, THESE TERMS, OR SH’S OPERATION OF THE LOYALTY PROGRAM.
20. Eligibility to Receive Benefits. By accepting any Loyalty Program benefits, amenities, offers, awards or services, including, without limitation, any Points, Give Back Rewards and other related benefits, you acknowledge that you are responsible for determining whether you are eligible to receive, and that you are eligible to receive, such Loyalty Program benefits, amenities, offers, awards or services under applicable laws, gift policies and incentive policies.
21. Eligibility Notification. You must promptly notify SH in the event that (i) you are not eligible for any reason, including, without limitation, pursuant to any applicable laws, gift policies or incentive policies, to earn Points, Give Back Rewards, or any other benefits that you may earn under the Loyalty Program, or (ii) your membership account has been credited with any Points, Give Back Rewards, or any other benefit that you may earn under the Loyalty Program that you have not earned or are not eligible to earn.
22. Arbitration Agreement.
BOTH PARTIES AGREE TO RESOLVE ANY DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS THROUGH BINDING ARBITRATION, ON AN INDIVIDUAL BASIS, AS SET FORTH BELOW.
22.1 WAIVER. YOU UNDERSTAND THAT BY AGREEING TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS, (I) YOU ARE GIVING UP YOUR RIGHT TO A TRIAL BY JURY AND (II) YOU MAY NOT BRING A CLAIM AGAINST SH OR ITS AFFILIATES IN A CLASS ACTION LAWSUIT, AND THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN ONE OR MORE PARTY’S CLAIMS IN A CLASS OR PROCEEDING.
22.2 Good Faith Discussions. You and SH must first attempt to resolve any dispute by good faith discussions. If the parties cannot resolve a dispute with good faith discussions, then either party may submit the dispute to binding arbitration as set forth in these Terms.
22.3 Rules. You and SH agree that arbitration will be conducted by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules, then in effect and as amended herein (the “Rules”). The Rules can be found at: https://www.adr.org/Rules. You and SH agree that this agreement to arbitrate involves a transaction of interstate commerce and therefore the Federal Arbitration Act will govern the interpretation and enforceability of this agreement to arbitrate.
22.4 Initiating a Claim. The party desiring to initiate arbitration must provide the other party a Demand for Arbitration in accordance with the Rules and the parties will thereafter mutually agree upon the arbitrator. If the parties cannot agree upon the arbitrator within ten (10) days, an arbitrator will be appointed in accordance with the Rules.
22.5 Arbitrator. Arbitration shall be before one (1) arbitrator who shall have exclusive authority to resolve any disputes arising under these Terms, including as to the enforceability and/or formation of these Terms to arbitrate made between you and SH.
22.6 Location. You agree that arbitration shall take place exclusively in the City of New York, New York and County of New York, New York, U.S.A. However, where the disclosed claims or counterclaims do not exceed $25,000, the dispute may be resolved by the submission of documents only/desk arbitration (see the Rules for more details). Either party may, however, ask for a hearing, or the arbitrator may decide a hearing is necessary.
22.7 Confidentiality. The arbitration and information disclosed during arbitration may not be disclosed to any third-party except as required by law. The parties will not make any comments or announcements to the public about the subject matter or outcome of any arbitration.
22.8 The Arbitrator’s Decision. The arbitrator’s decisions and judgement will be final and binding on the parties, but will have no precedential effect. The arbitrator shall not have the authority to award damages outside of those set forth in these Terms.
22.9 Costs and Expenses. Each party shall pay their own expenses and fees, including their own attorneys’ fees, arising from arbitration, unless the arbitrator determines that your claims were improper or frivolous, in which case the arbitrator may require you to reimburse us for certain fees and expenses in accordance with the Rules.
22.10 Dispute Resolution Only in the Event of a Ruling that Arbitration is Prohibited by Law. In the event a court with appropriate jurisdiction determines that applicable law prohibits arbitration of disputes arising out of, or related to, these Terms, all suits, actions or proceedings shall be instituted exclusively in the federal courts or state courts located in New York County, New York, U.S.A. , although SH retains the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
23. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE LOYALTY PROGRAM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. TIME IS OF THE ESSENCE.
24. Governing Law. These Terms are governed by the laws of the State of New York, U.S.A. without regards to its conflict of laws principles, provided that the above arbitration agreement shall be governed by the Federal Arbitration Act.
Last modified April 22, 2021