Disclaimer

Terms and Copyright Notices (“Terms of Use”)

PLEASE READ THESE BINDING LEGAL TERMS CAREFULLY BEFORE USING THIS SITE.

BY ACCESSING, USING, VIEWING, TRANSMITTING, CACHING OR STORING THIS SITE OR ANY OF ITS SERVICES, FUNCTIONS, MATERIALS, OR CONTENTS, YOU SHALL BE DEEMED TO HAVE AGREED TO EACH AND ALL THE TERMS, CONDITIONS, AND NOTICES IN THIS SITE ("AGREEMENT") WITHOUT MODIFICATION. CERTAIN TERMS, INCLUDING BUT NOT LIMITED TO THE ARBITRATION CLAUSE AND CLASS ACTION WAIVER CLAUSE, MAY RESTRICT YOUR RIGHTS TO BRING A CLAIM IN A COURT OF LAW. If you are not an Authorized User, and if you do not agree to the terms of this Agreement, you may not use this Site or download any Materials from it. If you do not agree with these terms and conditions, please leave the Site immediately.

The documents, data, information and other materials (collectively the "Material(s)") contained on the Web Site (the "Site") are provided by CECNY Land Holdings, LLC (“CECNY”) and Six Continents Hotels, Inc. (“SCH”), each a company within the InterContinental Hotels Group (collectively, “IHG® Hotels & Resorts” or “IHG”), exclusively for non-commercial, individual use to inquire about Six Senses Hudson Valley (collectively, “Authorized Users”).

CECNY and SCH reserve the right to change the terms, conditions, and notices under which the Materials and the Site are offered at any time.

PURPOSE OF WEBSITE. The Site is intended to provide members of the Hudson Valley community and the general public with information about the development of a wellness retreat and conference center located primarily in the Town of Clinton, New York, including site plans, updates, and opportunities for community feedback.

DISCLAIMER. This Site and all Materials were prepared by CECNY for information and discussion purposes only. The cost estimates, characterizations and financial projections (if any) and conclusions contained herein are based in whole or in part on estimates and/or assumptions that are inherently uncertain due to market conditions and variables outside the control of CECNY. Any estimates of cost have not been based on actual contractor bidding. Parties are responsible for independently confirming all information. No warranty or guaranty, either express or implied, is made as to the accuracy, completeness, reliability or reasonableness of any of the information contained herein, or as to any conclusions which may be made based thereon. These projections were prepared for the purposes of discussions regarding the development of Six Senses Hudson Valley and are not intended to, and do not, constitute an earnings claim. Neither CECNY nor any affiliate, director, officer or employee of CECNY shall have any liability for any loss or damage connected in any way with the use of or reliance on the information provided on this Site. The information herein does not constitute an offer for an investment or any manner of representation for an investment.

PROPOSED SITE PLAN AND ASSOCIATED STATEMENTS ARE AS OF MAY 2025, SUBJECT TO CHANGE.

AGREEMENT FOR USE. You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use this Site in accordance with all terms and conditions herein. You agree to be financially responsible for all of your use of this Site (as well as for use of your account by others, including without limitation minors living with you). You agree to supervise all usage by minors of this Site under your name or account.

LIMITED LICENSE TO VIEW AND COPY. The content and information displayed on this Site (“IHG Materials”) is the property of CECNY, SCH and/or other parties. The downloading, reproduction, or retransmission of IHG information, other than for non-commercial individual use, is strictly prohibited without the prior written permission of CECNY or SCH. This Site is to be used by Authorized Users for personal use only. Commercial uses of this Site are strictly prohibited without the prior written permission of CECNY or SCH. If you are currently an Authorized User, you are granted a limited, non-transferable, revocable license to view and copy the Materials solely for your personal use, subject to the restrictions below.

PROHIBITED CONDUCT. You agree not to: (a) copy, display, modify, reproduce, or otherwise transfer any of the Materials to any third party without the prior written permission of CECNY or SCH; (b) interfere or disrupt networks connected to the Site (if any); (c) use or attempt to use any device, software or routine which interferes with the proper functioning of the Site or any transactions being offered through the Site; (d) transmit files, data or other materials containing a computer virus, corrupted data, worms, “Trojan horses” or other instructions or design that would erase data or programming or cause the Site or any equipment or system to become inoperable or incapable of being used in the full manner for which it was designed; (e) deliver any communication to or through the Site which violates any local, state, federal or international law; (f) deliver any communication to or through the Site that contains defamatory, libelous, abusive or obscene material; or (g) deliver any communication to or through the Site that will infringe upon the rights of any third party.

INTELLECTUAL PROPERTY RIGHTS. This Site and the Materials contain and reference trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights of IHG companies and/or other parties. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of IHG companies and/or other parties is granted to or conferred upon you. Reproduction or storage of materials obtained from this Site is subject to the U.S. Copyright Act of 1976, Title 17 U.S.C. No Materials may be reproduced, distributed, posted, displayed, uploaded, or transmitted except as expressly permitted herein. You may not remove any copyright, trademark notice or proprietary notices from the Materials; or use the Materials or this Site except as permitted in this Agreement. The use of any Materials from the Site on any other internet, intranet, web or other site or computer environment is prohibited. You may not utilize framing techniques to frame any IHG trademarks, logos, or other proprietary information (including images and text). You may not use any meta tags or any other "hidden text" utilizing our name, trademarks or other proprietary information.

COPYRIGHT AND TRADEMARK NOTICES. All contents of this Site are the copyrighted property of one of the IHG companies, or their subsidiaries, affiliates, or an IHG licensor, as applicable. All contents of this Site are protected by United States and international copyright laws.

Each of CECNY and SCH respects the copyright rights of others and has adopted and implemented a policy that provides for (a) the removal of content from this Site under appropriate circumstances, and (b) the suspension or termination of account holders or subscribers who repeatedly infringe the copyright rights of others. If you are a copyright owner and you believe your work has been copied in a way that constitutes copyright infringement, please contact IHG’s designated Copyright Agent, as follows:

Copyright Agent
Six Continents Hotels, Inc.
Three Ravinia Drive
Suite 100
Atlanta, GA 30346-2149

Email: DMCAcomplaints@ihg.com
Phone: 770.604.8760
Fax: 770.604.2378

Parties submitting content to the Site should be aware that IHG companies reserve the right to suspend or terminate their subscriptions or accounts in the event that IHG companies determine, in their sole discretion, that they have engaged in repeated acts of copyright infringement.

LINKED WEB SITES. This Site may include links to other web sites. CECNY and SCH provide such links solely as a convenience to you and for informational purposes only. CECNY and SCH have not reviewed all of the information on these other web sites. The inclusion of these links in no way indicates CECNY’s, SCH’s or other IHG companies’ endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from such web sites. Neither CECNY, SCH, nor any other providers of products or services related to this Site, shall be responsible for the content of any other web sites and make no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk. Other web sites may include links to the Site. The inclusion of such links does not indicate the other web site’s endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from the Site.

PRIVACY. Your use of the Site is subject to the IHG Privacy Policy. If you would like to view the privacy practices please review our Privacy Statement.

LIMITATION OF LIABILITY. IN NO EVENT SHALL CECNY OR ANY OTHER IHG COMPANY BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING LOSS OF PROFITS OR DATA, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE, THESE TERMS OF USE, THE MATERIALS, THE AGREEMENT, OR THE PERFORMANCE OR NON-PERFORMANCE BY CECNY, ANY OTHER IHG COMPANY OR ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY OF RECOVERY, EVEN IF CECNY OR IHG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711): WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB SITE LINKED TO THE SITE. WE WILL NOT BE LIABLE FOR THE PRIVACY OF THE INFORMATION, E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT TRANSMITTED OVER NETWORKS ACCESSED BY THE SITE, OR OTHERWISE CONNECTED WITH YOUR USE OF THE SITE.

TERMINATION/ACCESS RESTRICTION. CECNY and SCH each reserves the right, in its sole discretion, to modify your access or terminate your access to the Site and the Materials or any portion thereof at any time, without notice.

NOTICES. All notices and other communications permitted or required by the provisions of this Agreement may be given by electronic mail, conventional mail or, if by an IHG company, by posting such notice on this Site. Notice is deemed given upon receipt by you if sent by electronic mail or conventional mail, or immediately upon posting to this Site.

GOVERNING LAW. These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of Georgia, United States, without regard to its conflicts of law rules. The exclusive jurisdiction for any dispute not covered by the terms of the Arbitration provision set forth in this Agreement or Materials may be filed only in the state or federal courts located in the State of Georgia, United States.

ARBITRATION. Except with respect to any claim or dispute involving the ownership, validity or use of any IHG trademarks or service marks, and to the extent permitted by applicable law, any dispute arising out of or related to the use or performance of this Site, these Terms of Use, the Materials, or the Agreement, seeking as relief money damages and/or attorneys’ fees or other damages (“Covered Claims”) will be submitted for arbitration to the American Arbitration Association (AAA). SCH shall have the right in a proper case to obtain temporary restraining orders, temporary or preliminary injunctive relief and/or declaratory relief (other than declarations with respect to the amount of money damages) from a court of competent jurisdiction.

The arbitration proceedings shall be heard by one independent arbitrator who shall be an attorney or retired judge. The arbitration shall be held in accordance with the then-existing Commercial Arbitration Rules of the AAA. All matters within the scope of the Federal Arbitration Act (9 U.S.C. 1, et seq.) will be governed by it and not by any state arbitration law. You, CECNY and SCH each waive any rights to maintain other available resolution processes for such disputes, such as a court action or administrative proceeding, to settle disputes. You, CECNY and SCH each waive any right to a jury trial for such disputes. The rules in arbitration are different from the rules that apply in court. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in the Agreement, as a court would.

In reaching his or her decision, the arbitrator shall follow this Agreement and Materials, shall be bound to apply the applicable law and shall not rule inconsistently with the applicable law. The arbitrator may not (1) without the consent of all parties, combine more than one individual’s claim or claims into a single case, (2) participate in or facilitate notification to others of potential claims, or (3) arbitrate or preside over any form of a class, mass, collective, or representative proceeding. The arbitrator shall include in his or her award any relief he or she deems proper in terms of money damages (with interest on unpaid amounts from the date due at the maximum rate allowed by law), and attorneys’ fees and costs. The award of the arbitrator shall be conclusive and binding upon all parties hereto and judgment upon the award may be entered in any court of competent jurisdiction.

If a party violates this arbitration agreement by commencing an action asserting a Covered Claim in a court of law, then the court (and not an arbitrator) shall have the authority to resolve any disputes about the interpretation, formation, existence, enforceability, validity, and scope of these Terms of Use, including the Agreement, this arbitration agreement, and the Waiver of Class, Mass, Collective, and Representative Claims. However, if a party complies with this arbitration agreement and files for arbitration without filing a complaint in a court of law, then the arbitrator shall have the authority to resolve any disputes about the interpretation of these Terms of Use for purposes of discovery or the merits of the underlying claim, but shall have no authority to resolve any disputes about the formation, existence, enforceability, or validity of the Terms of Use, including the Agreement, this arbitration agreement, and the Waiver of Class, Mass, Collective, and Representative Claims.

Other than as may be required by law, the entire arbitration proceedings (including, but not limited to, any rulings, decisions or orders of the arbitrator), shall remain confidential and not be disclosed to anyone other than the parties to this Agreement.

LIMITATIONS PERIOD. Any and all Covered Claims shall be commenced within one (1) year from the occurrence of the facts giving rise to such claim or action, or such claim or action shall be barred. This Limitations Period section does not apply to residents of New Jersey, and is not applicable where local law prohibits it.

WAIVER OF CLASS, MASS, COLLECTIVE, AND REPRESENTATIVE CLAIMS. To the extent permitted by law, you agree that you will not file a class action against an IHG company, participate in a class action against an IHG company, file or seek a class, mass, collective, or representative arbitration against an IHG company, or participate in such an arbitration against an IHG company, for any Covered Claims. To the extent permitted by law, you agree that all such claims may only be brought in your individual capacity, and not on behalf of other individuals.

MISCELLANEOUS PROVISIONS. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior oral and written agreements. No failure or delay on the part of IHG in exercising any right or remedy hereunder or enforcing the terms and conditions of this Agreement will operate as a waiver thereof. If any part or provision of this Agreement is found to be invalid, unenforceable or void, then the remaining portion shall remain in full force and effect. If the Waiver of Class, Mass, Collective, and Representative Claims is found to be unenforceable, then any claim brought on a class, mass, collective, or representative action basis must be filed in a court of competent jurisdiction, and such court shall be the exclusive forum for such claims. Headings are for convenience only and not for use in interpretation of this Agreement.

© Copyright 2001-2022 InterContinental® Hotels Group, Three Ravinia Drive, Suite 100, Atlanta, Georgia 30346-2121 U.S.A. All rights reserved. Most hotels are independently owned and/or operated.

Effective Date: 13 April 2022