Terms of Use
For Makr Hospitality, LLC DBA Appellation Hotels
Appellation Hotels
Terms Of Use Policy
1. Policy Effectiveness
Effective as of March 26, 2025 and last updated as of March 26, 2025.
2. Important Information; Acceptance of Terms
By accessing or using this website of Makr Hospitality, LLC, a Delaware limited liability company doing business as Appellation Hotels (collectively, the "Company", "we", "us", or "our"), you as the user ("you", "your", or "user") of this website, our mobile application, or other digital means are expressly agreeing to comply with and be bound by this Terms of Use Policy and any other policies referenced herein or later adopted (collectively, the "Terms of Use"). If you do not agree with any of the terms contained in these Terms of Use, you may not access or use our Services (as defined below) in any form or manner. Continued access or use of the Services in any form or manner shall constitute acceptance of these Terms of Use.
3. Description of the Services
We provide a variety of hospitality related goods and services, potentially including, though not limited to, hotel accommodations, casual and fine dining, wine tasting and tours, private event hosting, catering services, spa services, and other concierge arrangements accessible via our website, mobile applications, social media platforms, in-person, and authorized third-party booking platforms (collective, the "Services"). These Terms of Use shall govern your use of the Services in any form or manner.
4. Privacy Policy
We may collect, use, and shall protect your personal data in accordance with all applicable law and our privacy policy, which can be accessed here (the "Privacy Policy"). By using the Services in any form or manner, you expressly consent to the collection and use of your personal data as set forth in the Privacy Policy.
5. Age Certification
The Services we offer are intended solely for use by individuals aged eighteen (18) or older, or where appropriate, may be used by an individual aged seventeen (17) or younger (a "Minor") if authorized by an appropriate individual aged eighteen (18) years or older along with their express authorization and consent, while not otherwise in conflict with any applicable law or policy of the Company. We do not knowingly collect, store, or process the personal data of any child under the age of sixteen (16) and if we become aware of any such collection, storage, or processing of such personal data, we shall immediately take steps to delete such personal data in compliance with applicable law and our Privacy Policy. Certain Services that we offer, including, but not limited to those related to the sale, service, marketing, and promotion of alcoholic beverages at our restaurants, hotels, bars, events, online store, other digital means, etc. are strictly intended for individuals aged twenty-one (21) or older. By using any portion of this website specifically pertaining to alcohol-related Services or otherwise participating in any alcohol-related Services offered by us, you represent and warrant that you are of legal drinking age pursuant to applicable law. We reserve the right to verify age at any time in the provision of our Services and to refuse services as appropriate in compliance with applicable law and this Terms of Use Policy.
6. Account Registration & Security
To access certain features of the Services, you must create an account. When creating an account, you expressly agree to only provide accurate, complete, and up to date information in good faith. You are solely responsible for maintaining the confidentiality and security of the login credentials for your account and the information you provide therein. You are solely responsible for any and all activates conducted through your account. You may not share or provide your account credentials to any other person or party and your right to use and access the Services is exclusive to you alone. You further agree to immediately notify us in the case you believe there has been any authorized access or use of your account, security breach, suspected fraud, or any similar occurrence. Account credentials and all data associated with your creation and use of an account with us shall be treated in accordance with the terms and conditions set forth in our Privacy Policy.
7. Permitted Use; License
Subject to your acceptance and compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your personal, non-commercial use only, solely in compliance with these Terms of Use and our Privacy Policy.
8. Prohibited Use
You agree that you will not misuse or abuse the Services in any way. Prohibited uses of Services include, but are not limited to, the following:
A. Unlawful Activity. You may not use the Services for any illegal, fraudulent, or unauthorized purpose, including, but not limited to, activities that violate any applicable local, state, federal, or international laws or regulations. This includes, but is not limited to, engaging in financial fraud, identity theft, money laundering, unauthorized access to systems, or any other criminal behavior of any kind;
B. Disruption of Website Security & Functionality. You may not attempt to gain unauthorized access to any part of our website, servers, or networks, including attempting to hack, breach, probe, or scan for vulnerabilities. Use of malware, viruses, worms, trojans, ransomware, or other harmful software to disrupt, damage, or disable our systems is strictly prohibited;
C. Automated Data Collection & Unauthorized Scraping. Use of robots, spiders, scrapers, crawlers, or any automated means to extract, copy, or manipulate data from our website or services without our express written consent is strictly prohibited. Additionally, you may not reverse engineer, decompile, or disassemble any aspect of our services;
D. Misrepresentation & Fraudulent Conduct. You may not impersonate another individual or entity, misrepresent your own identity, provide false or misleading information, or engage in fraudulent transactions, including unauthorized use of credit cards, chargeback abuse, or booking falsification;
E. Spam, Harassment, & Abusive Conduct. You may not transmit or facilitate the transmission of spam, unsolicited promotions, phishing attempts, chain letters, pyramid schemes, or bulk messages. You also may not harass, stalk, intimidate, threaten, or abuse other users, employees, or representatives of the Company in any manner;
F. Intellectual Property Infringement. You may not upload, distribute, or otherwise share any content that infringes upon intellectual property rights, including, but not limited to, copyrights, trademarks, patents, trade secrets, or proprietary business information of the Company or any third party;
G. Offensive, Defamatory, or Hateful Content. You may not post, share, or disseminate any material that is defamatory, obscene, sexually explicit, pornographic, vulgar, harassing, discriminatory, or otherwise harmful. This includes, but is not limited to, speech that promotes violence, hate, discrimination, racism, xenophobia, religious intolerance, or illegal activities;
H. Disruptive Use of Services. You may not interfere with, overload, or disrupt the normal operation of our website, any of the other Services, or any associated networks. This includes, but is not limited to, flooding, launching denial-of-service ("DoS") attacks, altering system settings, or otherwise engaging in actions that degrade the performance of our Services;
I. Unauthorized Commercial Activities. You may not use our services for commercial exploitation, including, but not limited to, advertising, marketing, soliciting, reselling, or engaging in unauthorized third party promotions without our prior written consent;
J. Collection of User Data Without Consent. You may not collect, store, or process personal information of other users without their explicit consent, nor may you attempt to extract private or proprietary information through unlawful means such as phishing or social engineering;
K. Breach of Third-Party Agreements. You may not use our Services in a way that would violate any agreement with a third party, including, but not limited to, terms of service for payment processors, social media platforms, or third-party booking systems used in conjunction with our Services; or
L. Other Non-Compliance. You may not use the Services in any other manner that is inconsistent with these Terms of Use.
9. User Generated Content Responsibility; License
You are solely responsible for any and all content that you may submit, upload, or post via our Services, including, but not limited to, text, images, reviews, artificial intelligence produced content, and other related materials (collectively, "User Generated Content"). By providing such User Generated Content, you represent that you own or have the necessary rights to share such User Generated Content and that doing so shall not violate any applicable laws, third party rights, or conflict with these Terms of Use. We do not and have no responsibility to pre-screen or actively monitor User Generated Content, but we reserve the right to remove or modify such User Generated Content, as applicable under the circumstances, at our sole discretion. By submitting any User Generated Content, you are expressly granting the Company a non-exclusive, royalty-free, worldwide license to use, modify, display, and distribute your User Generated Content in connection with the Services.
10. Intellectual Property
All content, trademarks, logos, text, images, videos, software, and other materials made available through the Services (collectively, “Company Content”) are and shall remain our exclusive property or of our licensors and are protected by applicable copyright, trademark, trade secret, and other intellectual property laws. Your use of the Services does not grant you any ownership rights or licenses to any such Company Content except as may be provided herein. You may not copy, reproduce, distribute, modify, adapt, create derivative works, publicly display, sell, sublicense, or otherwise exploit any Company Content without our express prior written consent. Any unauthorized use of our Company Content may result in account suspension, termination of access, legal action, and potential liability for damages. If you believe that any material provided through our Services infringes upon your intellectual property rights, please contact us at info@appellationhotels.com with a detailed explanation of your claim.
11. Termination
We reserve the right to suspend and/or terminate your account and/or your use and access to the Services, without prior notice or liability, for any reason whatsoever, including for any breach of these Terms of Use and/or the Privacy Policy. Upon any suspension and/or termination, your access to your account and/or your use and access to the Services shall immediately cease until reinstated, if at all. Accordingly, we reserve the right to cancel any outstanding reservations you may have booked with us. If you believe any suspension and/or termination was made in error, please reach out to info@appellationhotels.com for a review. Any reinstatement of your account or your use and access to the Services is expressly at our sole discretion.
12. Third-Party Links
The Services may contain links to various third-party websites, mobile applications, or other services. Such links are included for matters of convenience only. We do not endorse, control, or assume any responsibility for any third party content, transactions, policies, practices, etc. facilitated through such third party links via the Services. You expressly understand and agree that your use of any third party services is pursuant to your own discretion and at your own risk and we shall not be liable for any losses, damages, or disputes arising therefrom. Please carefully review any terms of use of such third-parties before engaging with such third parties.
13. As-Is; No Warranties
THE SERVICES ARE PROVIDED AS-IS WITHOUT WARRANTY. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE COMPANY MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AND THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE PARTIES SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONS ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
14. Limitation of Liability
A. Cap on Liability. IN NO EVENT SHALL THE COMPANY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED THE TOTAL AMOUNT OF CHARGES PAID OR OWING BY THE USER HEREUNDER IN THE THREE (3) MONTHS PRECEDING THE INCIDENT.
B. Exclusion of Damages. IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (1) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (2) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (3) ANY CONTENT OBTAINED FROM THE SERVICES; OR (4) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
C. Commencement of Claims. EXCEPT FOR ACTIONS FOR NON-PAYMENT OR BREACH OF EITHER PARTY'S INTELLECTUAL PROPERTY RIGHTS, NO ACTION (REGARDLESS OF FORM) ARISING OF THESE TERMS OF USE MAY BE COMMENCED BY EITHER PARTY MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION HAS ACCRUED.
15. Indemnification
You agree to indemnify, defend, and hold harmless the Company, our licensors, or our suppliers, as applicable, including any directors, officers, employees, shareholders, members, consultants, contractors, or other agents (collectively, the "Indemnified Parties") from any claims, liabilities, damages, losses, costs, or expenses (to include reasonable attorneys' fees) arising from your: (a) violation of these Terms of Use; (b) violation of applicable laws and regulations; (c) use or misuse of the Services; or (d) infringement of any third party rights via the Services. We reserve the right to assume exclusive defense of any matter subject to this indemnification provision, at any time, and at your expense.
16. Monitoring; Investigation
We reserve the right to monitor, investigate, and enforce compliance with these Terms of Use. We may review user activity, content, and interactions to detect violations, fraud, security threats, or any other unlawful or non-compliant behavior. If we determine, in our sole discretion, that a violation of these Terms of Use or of applicable law has occurred, we may take any action authorized by these Terms of Use or available under applicable law, including the removal of User Generated Content, other content, suspension and/or termination of use and/or access, and reporting to appropriate legal authorities.
17. Reservation of Rights
We reserve any and all rights that may be available to us at law or in equity, even though such rights may not be expressly set forth in these Terms of Use. We further reserve the right to take any such actions that we determine necessary to protect our interests, enforce these Terms of Use, and to ensure compliance with all applicable laws.
18. Waiver
Any failure of the Company to enforce any provisions of these Terms of Use shall not be considered an enduring waiver of our rights to exercise any such right at any subsequent time. No waiver of any term of provision herein shall be effective unless expressly stated in writing by an authorized representative of the Company and any such waiver shall be limited to such specific occurrence.
19. Accessibility
We are committed to providing an accessible and inclusive digital experience for all users, including individuals with disabilities who may require accommodations. We strive to ensure that our website, mobile application, other digital means and Services generally, comply with all applicable disability accessibility laws, including the Americans with Disabilities Act, as amended (the "ADA") and the California Unruh Civil Rights Act (the "Unruh Act"). Ongoing efforts include continually improving keyboard navigation, screen reader compatibility, alternative text for images, and other accessibility features. If you experience any difficulties accessing our Services and require accommodations, please contact us at info@appellationhotels.com or 707-473-8213. We will undertake to make reasonable accommodations for you.
20. Other Incorporated Policies
These Terms of Use also specifically incorporate our other adopted policies, whether presently in effect or later adopted, which include, but are not limited to:
- Our Privacy Policy.
21. Governing Law
These Terms or Use and your use of the Services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Except as otherwise provided herein, the Company and you consent to the exclusive jurisdiction and venue of the state courts of California and the federal courts of California. Notwithstanding the above, the Company and you agree that this paragraph shall not preclude either us or you from initiating any proceedings (including nullity proceedings) before the United States Patent Trial and Appeal Board (the "PTAB"), the United States Trademark Trial and Appeal Boards (the "TTAB"), the United States Patent and Trademark Office (the "USPTO"), the United States Copyright Office (the "Copyright Office"), or any foreign patent, trademark, or copyright office, as long as any such proceeding relates to the validity, enforceability, or unenforceability of any copyright, patent, trademark, or other intellectual property right owned or assigned to either the Company or you. If you are acting as a consumer under these Terms of Use and are domiciled in a member state of the European Union or the European Economic Area (the "EEA"), or in the United Kingdom, the foregoing choice of governing law will not deprive you of the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of the laws applicable to you from where you habitually reside.
22. Severability
If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, such provision shall modified to the extent reasonably possible to bring such provision into compliance, or otherwise severed to the minimum extent possible to bring such provision into compliance. Any such modification or severing of such a provision or portion thereof shall not affect the validity or enforceability to any other provision contained in these Terms of Use and such other provisions shall continue in full force and effect to the maximum extent permitted by applicable law.
23. Policy Changes
We reserve the right to and shall periodically review, revise, and update the terms and provisions of these Terms of Use in our sole discretion. Any such additions, reductions, amendments, etc. will be effective, with our without prior notice, as of the date the revised Terms of Use are posted to our website. Continued use of the Services thereafter constitutes express acceptance thereof. It is your responsibility to periodically and continually review these Terms of Use before using and accessing the Services.
24. Dispute Resolution
In the event of a dispute between you and the Company relating to the Services and/or these Terms of Use, the Company and you agree to adopt the following dispute resolution procedures:
A. Good-Faith Negotiation. In the event of such a dispute, the Company and you agree to first attempt to resolve such dispute informally via good-faith discussion and/or negotiation. Either party may initiate the dispute and this dispute resolution process by providing written notice (e-mail shall suffice) of the dispute, its general nature, and any supporting information and/or documentation possessed in connection therewith. Thereafter, the parties agree to a period of no less thirty (30) days to informally and in good-faith resolve the dispute; and
B. Binding Arbitration. Should good good-faith negotiation fail to resolve the dispute, then the Company and you agree to submit and resolve the dispute through binding arbitration administered by the American Arbitration Association (the "AAA"), or such other arbitration service/entity agreeable amongst the parties. The binding arbitration shall be conducted in compliance with the Federal Arbitration Act and shall occur within Sonoma County, California, unless otherwise agreeable amongst the parties. Unless otherwise agreeable amongst the parties, the binding arbitration shall be conducted before a single, neutral arbitrator, who shall have the authority to award monetary damages, injunctive relief, and any other remedies available at law or in equity, and with the prevailing party entitled to recover its reasonable attorneys' fees and expenses incurred in connection with the dispute. Any such binding arbitration award shall be final and binding and such judgement on the award may be entered in any court of competent jurisdiction.
C. Excluded Claims. Any claims that by their nature would qualify for resolution in smalls claims court under the laws of the relevant jurisdiction shall be excluded from this provision. Any claims relating to intellectual property that are otherwise able to be resolved before the PTAB, TTAB, or the USPTO may be brought before such entities. Should any such proceedings fail to resolve the issue, then such claims shall be resolved in compliance with the above dispute resolution procedures.
25. Entire Agreement
These Terms of Use constitute the entire agreement between the Company and you relating to your use of the Services.
26. Contact Us
If you have any comments, questions, or concerns regarding these Terms of Use or simply would like more information, please contact us by sending an e-mail to info@appellationhotels.com calling us 707-473-8213, or sending mail to 165 Foss Creek Circle, Healdsburg CA 95448.