The following provides the terms and conditions (the “Terms”) for the Extended Perks Loyalty Program (the “Program”). These terms and conditions apply to the Program only. Of course, you are under no obligation to join the Program, and failure to join the Program does not impact your ability to generally purchase goods and services from ESA Management, LLC.
These Terms are between you and ESA Management, LLC, its affiliates, subsidiaries, and related companies (together, the “company”). They govern our respective rights and obligations. These Terms incorporate by reference company’s Conditions of Use, Website Disclaimer, and Privacy Notice, as well as all other applicable terms, conditions, limitations, and requirements. These Terms, together with the terms related to any promotional offers provided to you for use with the Program, constitute the entire agreement between you and the company related to this Program.
By enrolling, and continuing to use the Program, you accept these terms, conditions, limitations, and requirements. We may make changes to these Terms or terminate the Program. If we make changes or terminate the Program we will post the new terms or announcement at https://www.extendedstayamerica.com/extended-perks/, and you are responsible for reviewing the site for current terms and amendments. YOUR CONTINUED MEMBERSHIP AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY OF THE TERMS, OR ANY CHANGES, YOU MUST CANCEL YOUR MEMBERSHIP.
Program enrollment is free. If you would like to enroll for the Program, please follow the directions at https://www.extendedstayamerica.com/extended-perks/#extendedPerksSignUpForm. You agree that all information you provide during enrollment is complete, truthful, and accurate. You must provide and maintain a valid e-mail address and promptly update your account with any changes. You acknowledge that company will communicate with you about program changes, rewards, and promotional materials via e-mail and company’s Web site. You may opt-out of receiving such communications provided within any such marketing materials (e.g., using the “Unsubscribe” feature provided in the footer of Sponsor’s emails).
2. Program Perks
Discounted Rates: As part of the Program, you may have access to discounted rates for hotel bookings with Extended Stay America® branded properties and any approved affiliated properties. Any such discounts are subject to the terms of the specific offer. Notwithstanding the foregoing, all discounts are subject to availability, blackout periods, and any stated booking windows. Discounts may vary by location, time, and room features. Discounted rates may not be combined with other select promotions, offers or discounts and is not valid for existing reservations or groups. Discounted rate is non-transferrable or redeemable for cash.
Other Company Perks: Members of the Program may also receive other benefits and opportunities from the company. All such benefits and opportunities are subject to any and all stated terms and conditions and may require your agreement to additional terms and conditions for access or use.
Automatic Promotion Entry: Members of the Program may also be automatically enrolled into the company’s promotions, giveaways, sweepstakes, and contests (“Promotions”). All such Promotions are subject to any and all additional terms, conditions, and official rules. If selected as a winner, no Member is obligated to accept any prize or gift and may simply deny acceptance.
Third-Party Perks: Members of the Program may also receive messaging and offers from third-party businesses. We are not liable or responsible for any third-party messaging or offers related to the Program, and members assume all responsibility and liability for all interactions with third parties.
The company is under no obligation to provide the Program or any of its related perks and benefits. Notwithstanding any other term or provision of these Terms or any statement to the contrary, the Program and its perks and benefits are provided "AS IS." The company makes no offer or any warranty or guarantee, either express or implied (including, without limitation, quality, non-infringement, merchantability, and fitness for a particular purpose) in connection with this Program or its perks and benefits.
3. Financial Incentive Notice
As described herein, the Program provides a loyalty program wherein customers receive the provided perks. In addition, company may provide sweepstakes or other limited promotions for Program members, and any financial incentive, such as a prize, will be listed in the terms and materials for such promotions. As part of the Program and its promotions, company collects some of your personal information so that we may know how to best contact you and understand your interactions with our business. This allows us to improve our business and provide better services to our customers. While we do not assign a monetary value to the data that we collect, based on our reasonable estimate, the value of the information you provide to us is reasonably equal to the value of the benefits we offer through the Program and its promotions. As described above, enrollment in the Program is free, and you may cancel your membership in the Program at any time as described in Section 7 below.
4. Privacy Notice
The information you provide as a member of the Program will be handled according to company’s Privacy Notice, which is available at https://www.extendedstayamerica.com/privacy-policy and incorporated herein by reference.
5. Additional Terms
Occasionally, the company may test new products, services, benefits, or promotions. Some of these tests may have implications for Program members that may vary from the terms as stated in this document. When different policies or terms apply, we will communicate that to you.
You may not transfer or assign your Program membership or any Program benefits. Any entitlement to benefits under this Program, advertised offers, credits or coupons issued have no cash value and may not be transferred. Additional restrictions may apply to company employees.
7. Membership Cancellation
Either company or you may cancel your membership in the Program at any time and for any reason. Please note that deleting your profile on the Company’s branded website effectively cancels your membership within the Program. If your membership is cancelled (either by you or by company), you forfeit any unclaimed rewards, benefits, credits or offers. Without limiting the forgoing, we may refuse to issue you any rewards or offers because of conduct that we determine, in our sole discretion, violates these Terms or any applicable law, involves fraud or misuse of Program membership, or is harmful to our interests or another customer. We also reserve the right to deny future membership if we deem your conduct to violate these Terms. Our failure to insist upon or enforce your strict compliance with any of these Terms will not constitute a waiver of any of our rights.
8. General Program Information
The Program is brought to you by the company. All trademarks, service marks, trade names, trade dress and logos are intellectual property of company, licensed to company, and others under controlled conditions. You may not use any of the trademarks, logos, or other proprietary information (including images, text, page layout, or form) without company’s prior express written consent. Program Terms are void solely where and to the extent prohibited by law. Taxes may apply where required by law. If any portion of the Terms is found invalid, void, or for any reason unenforceable, such portion is severable and does not affect the validity and enforceability of any remaining changes or conditions.
9. Limitation of Liability
In addition to other limitations and exclusions, IN NO EVENT WILL ESA MANAGEMENT, LLC, OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE PROGRAM. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED $100. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR MEMBERSHIP. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE ADDITIONAL OR OTHER RIGHTS AS THEY VARY FROM STATE TO STATE.
10. Legal Information/Dispute Resolution
In consideration of your participating in the Program, except for intellectual property claims, you agree that if you have a dispute with company about the Program, you will try to resolve the dispute through negotiation with company. If agreement cannot be reached through negotiation, you agree to seek resolution on an individual basis only through a Court having competent jurisdiction in the State of North Carolina. You agree that all disputes regarding the Program shall be governed by the substantive laws of the State of North Carolina, without regard to conflicts of law rules. This means that if you decide to file a claim against company regarding anything having to do with the Program, North Carolina law will control that claim and the exclusive jurisdiction for deciding any disputes shall be in Charlotte, Mecklenburg County, North Carolina, with any claim being filed in Charlotte, Mecklenburg County, North Carolina. If a Court finds any portion of the Program or these terms to be invalid, void, or for any reason unenforceable, the remaining portion of the Program and these terms shall remain in full force and effect. Any invalidated portion shall not affect the enforceability of any remaining portion of the Program or these terms.