These Terms and Conditions (“Terms”) govern the terms of your reservation and stay at The Eden Hotel Santa Monica located at 1301 Ocean Ave, Santa Monica, CA 90401 (the “Hotel”).

These Terms and Conditions are in addition to any other terms, conditions, restrictions or agreements that you may enter into upon check-in and for the use of specific Hotel amenities.  

1. Accepted Rate:

 You acknowledge and agree that the nightly rate and/or total amount for your stay provided in your reservation confirmation is the nightly rate and/or total cost for your stay and that the rate/total cost provided in your reservation confirmation is exclusive of any mandatory fees, taxes and assessments which will be added to your reservation upon check-out. 

2. Check-in time, check-out time and check-in requirements:

Check-in and Checkout Times and Availability:

Check-in time: 3:00 p.m.
Checkout time: Noon

We do not guarantee that your room will be available prior to check-in time and any early check-in is subject to availability and the sole discretion of the Hotel.

Rooms are held until 1a.m. (local Hotel time) on the day after that of your reservation and may be cancelled or reassigned if you do not arrive by 1a.m. on the date following your reservation date. Please notify the Hotel if you intend to arrive after 1a.m. 

Late check-out is not guaranteed and is subject to availability, may incur additional charges and is subject to the Hotel’s sole discretion. 

Minimum Age to Check-in: Guests must be at least 18 years of age to check-in to the Hotel and no refund will be provided and cancellation fees will be charged for reservations made for guests that are under the age of 18.

Identification and Payment Method: A valid government-issued photo identification and a credit card or debit card matching the name on the reservation will be required at check-in. The only methods of payment accepted at the Hotel are credit and debit cards.

Credit Hold: A hold of $150/night will be charged to the debit or credit card entered with your reservation or provided at check-in to cover any incidentals or charges and it may take up to 10 business days from checkout for such hold to be removed from your card.  

Occupancy: Children under 17 years of age may stay for free with an accompanied adult using bed(s) subject to the rooms maximum occupancy.

The maximum occupancy for Hotel room/suites vary depending on the category booked. Standard rooms may not exceed 3 guests (which includes children and infants) and the Hotel will advise of the maximum occupancy for suites.

By booking, you authorize The Eden to send 8-12 text messages/emails with details regarding your reservation information and other offers. Message/data rates may apply. Consent is not a condition of purchase. Reply STOP to opt out.

3. Amenities & Fees:

Mandatory Resort Fee: A mandatory hotel fee in the amount of $ 50/room per day is paid directly to the Hotel upon checkout. This fee is mandatory and includes the following:
Access to the Hotel’s saltwater swimming pool, hot-tub and fitness center, use of Hotel’s bikes, high-speed internet, use of Hotel’s beach towels, and a welcome amenity.

Taxes and Fees: The guest room rates, as provided in your reservation, are subject to city taxes, other local taxes, tourism taxes, fees and assessments and are subject to change without notice.

Cribs: Cribs are available at no extra charge, subject to availability, and there is a limit of one crib per room. Cribs are allocated on a first come first served basis.

Rollaway Beds: Rollaway beds are not currently available at the Hotel.

Valet Parking: Valet parking is available at a charge of $54 plus tax per night and is subject to change.

No Smoking Policy: The Hotel property is completely non-smoking, and the smoking of any kind is not allowed on the Hotel premises. This includes, but is not limited to, the use of electronic smoking devices such as e-cigarettes and vapes. A $500 cleaning fee will be applied to any room where smoking has occurred or is suspected to have occurred.

Amenity Hours & Access: Certain Hotel amenities (including the gym and pool) may only be accessed and used during opening hours and those hours are posted at the Hotel. You hereby agree not to enter or attempt to enter any Hotel amenities outside of opening hours and will ensure that your guests and visitors do not enter or use or attempt to enter or use any of the Hotel amenities outside of their posted hours. 

Pool: By using the Hotel pool and its facilities, I fully recognize, acknowledge and accept on behalf of myself and my guests/visitors the following:

• At no time is there a lifeguard on duty and as such I am solely responsible for the safety of myself and those of my group when using the Hotel pool facilities or when in the area of the Hotel pool facilities.
• Use of the Hotel pool facilities involves certain risks such as the risk of slipping on surfaces that may not be dry, tripping or falling over pool equipment or furniture, the malfunctioning of any pool equipment or machinery and other risks not enumerated here.
• Diving and running is not allowed at the pool facilities under any circumstances.
• I will not allow any visitors that are not part of the number of guests listed on my Hotel reservation to use the Hotel pool facilities.

I on behalf of myself and guests/visitors hereby release and hold harmless the Hotel and its officers, directors, trustees, employees, agents, partners, and affiliates from any and all liability for any damage, injury (including death), expense or other costs that I or my guests/visitors may suffer or incur in connection with my and my guests/visitors use of the Hotel pool facilities.   

I further agree to indemnify and defend the Hotel and its officers, directors, trustees, employees, agents, partners, and affiliates from and against all claims, causes of action, damages, judgements, costs, or expenses, including attorney fees and other litigation costs, which in any way may arise from or relate to my or my guests/visitors use of the Hotel pool facilities.

Gym: By using the Hotel gym facilities, I fully recognize, acknowledge and accept on behalf of myself and my guests/visitors the following:

• I and my guests/visitors that use the Hotel gym facilities are at least 18 years of age.
• At no time is there a trainer on duty and as such I am solely responsible for the safety of myself and those of my group when using the Hotel gym facilities or in the area of the Hotel gym facilities.
• Use of the Hotel gym facilities involves certain risks such as the risk of slipping on surfaces that may not be dry, tripping or falling over gym equipment, the malfunctioning of any gym equipment or machinery, heavy items falling and other risks not enumerated here.
• Running is not allowed at Hotel gym facility under any circumstances.
• I will not allow any visitors that are not part of the number of guests listed on my Hotel reservation to use the Hotel gym facilities.

I on behalf of myself and guests/visitors hereby release and hold harmless the Hotel and its officers, directors, trustees, employees, agents, partners, and affiliates from any and all liability for any damage, injury (including death), expense or other costs that I or my guests/visitors may suffer or incur in connection with my and my guests/visitors use of the Hotel gym facilities.   

I further agree to indemnify and defend the Hotel and its officers, directors, trustees, employees, agents, partners, and affiliates from and against all claims, causes of action, damages, judgements, costs, or expenses, including attorney fees and other litigation costs, which in any way may arise from or relate to my or my guests/visitors use of the Hotel gym facilities.

4. Changes & Cancellations:

Advance Purchase Option: If your reservation is confirmed for our advance purchase room rate option, the reservations are non-refundable and cannot be changed, cancelled or refunded for any reason once the reservation is confirmed. Advance purchase reservations are also not entitled to any early departure benefits.

Best Available Rate Option: If your reservation is confirmed for our best available rate option, room reservations will incur a one-night cancellation charge if notice of cancellation or change is not received by 3:00p.m. (local Hotel time) 48 hours prior to the arrival date.

Early Departure for Best Available Rate Option: Guests requesting an early departure are bound by the 48 hours notification policy for each night remaining in their stay.

Special Reservation Terms: Certain reservations that are associated with special events or requests may be subject to cancellation and change policies that are more restrictive than the terms set out herein. You must abide by the cancellation and change policies set out in your reservation if different than the policies set out in these Terms.

5. Reservations:

The Hotel reserves the right, in its sole discretion, to not accept any reservation(s) or to cancel any reservation(s) for any or no reason. If we cancel a reservation for which we have received payment we shall refund the payment in full and have no further liability to you.

The Hotel does not guarantee that the room category booked will be available and the Hotel may need to substitute your reserved room category with a similar (which may be a lower room category) or comparable accommodation and such substitution shall be accepted by you as satisfactory performance of our obligation to provide your booked category.

If for unseen circumstances, the Hotel is unable to accommodate your reservation, we will do our best to secure alternative accommodations for you for all or part of the duration of your stay until the Hotel can accommodate you. If no suitable alternative accommodations can be located for the full duration of your stay then we will refund you in full.

In the event of unforeseen circumstances, the Hotel may need to move you from one room to another. If it is not possible to move you to a different room whilst you are present, we may move your belongings from your existing room to the new room.

You may only make reservations for yourself and your invited guests or for an individual for whom you are authorized in advance to act. In the event of a change in the number, age, or other details of guests you provide when making a reservation, you may be responsible for additional charges. You may not make reservations for any other purpose, including without limitation for purposes of reselling rooms, reservations or other benefits, posting, marketing, advertising, or otherwise distributing rooms, reservations, benefits, or availability (including without limitation on third-party web sites), making false, fraudulent, or speculative reservations, reserving rooms in anticipation of demand, making reservations for purposes of reselling rooms. Reservations made, sold or transferred in violation of these Terms may be cancelled without advance notice in Hotel’s sole discretion.

6. Entry, Conduct & Guests:

If the Hotel determines, in its sole discretion, that your behavior, sobriety, or dress does not meet the standards of the Hotel, the Hotel may refuse your entry to the Hotel and its premises, and/or request that you immediately leave the premises of the Hotel. No refund will be provided if you or any of your guests are asked to leave the Hotel as a result of any unwelcome behavior, as determined by the Hotel in its sole discretion, including, but not limited to: excessive noise, harassment or abuse of Hotel staff, guests, or visitors, the operation of any business from the Hotel premises, solicitating on Hotel premises, commercial photography or filming on Hotel premises without the Hotel’s written consent, or any other illegal activity.

You further agree that you will not use the Hotel for any unlawful purpose, that you will not conduct any illegal activity on the Hotel premises and that you will not bring any illegal drugs or weapons on the Hotel premises. Licensed firearms must be unloaded and stored securely in the Hotel room safe. The Hotel may request that you leave the premises if the Hotel suspects that you are engaged in any unlawful activity and no refund will be provided in such circumstances. 

Visitors may only stay overnight at the Hotel if included in the number of guests listed on the reservation. The party named on the reservation is responsible for the conduct of all guests/visitors while they are on the Hotel premises and guests/visitors may be asked to leave the Hotel premises in accordance with these Terms and no refund will be provided.

The Hotel may enter your occupied guestroom, even if you have requested privacy or if a “Do Not Disturb” sign is displayed, if the Hotel suspects any activities or conduct that violates these Terms or if there has been limited or no contact by you or your guests and Hotel staff.

7. Pets:

A maximum of 2 pet dogs are allowed per room. Guests bringing pet dogs will be required to register their pet upon check-in which will be subject to additional terms and each pet dog (including emotional support dogs) is subject to a $100 fee per stay. You are solely responsible for any damage to Hotel rooms or premises caused by pet dogs (including damage caused by service dogs). The Hotel may refuse the entry of any pets as determined by the Hotel in its sole discretion including any emotional support animals and any pets other than dogs are not allowed on Hotel premises.

8. Video Monitoring:

The public spaces of the Hotel premises are subject to video monitoring and by being present on the Hotel premises you consent to the being recorded by the Hotel.

9. Valuables & Lost Items:

Left or Lost Items: The Hotel is not responsible for the loss of or damage to any items left in your room during your stay or after check-out, or for any items left in any of the common spaces of the Hotel.

In-Room Safes: For your convenience, each Hotel room is equipped with a safe and the Hotel is not responsible for items placed in those safes or if any items is lost or damaged as a result of those items not being able to fit in the safe.

10. In-Room Safety:

Windows: The Hotel is a historic property and as such the windows in the Hotel rooms open fully. It is your responsibility to ensure that the windows are secure during your stay and the Hotel is not responsible for any damage to any property or injury to any person resulting from your use of the windows (including for any items or persons falling from the windows or from any items or persons entering the room through open windows). 

Fire sprinklers: Fire sprinklers are present in all Hotel rooms, and you must not deactivate, tamper with or hang any items from the fire sprinklers. You will be solely responsible for any damage to any property (including that of the Hotel) that results from your failure to comply with this section.

In-room Appliances: In room appliances such as hair dryers, refrigerators, irons, kettles and coffeemakers are provided for your convenience and may only be used at your own risk. The Hotel is not responsible for injury to person or damage to property that results from any malfunction of any in-room appliances.  

11. Limitation of Liability:

HOTEL WHICH INCLUDES ANY PARENT SUBSIDIARIES, AFFILIATES, EMPLOYEES, OFFICERS, SHAREHOLDERS AND AGENTS OF HOTEL, IS NOT LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES TO PERSONS (INCLUDING DEATH) OR PROPERTY ARISING FROM OR IN ANY RELATING TO YOUR (OR YOUR GUESTS OR VISITORS) STAY, VISIT AT THE HOTEL OR USE OF ANY HOTEL AMENITIES (INCLUDING THE POOL, GYM OR BIKES) FOR ANY ACTIONS OR FAILURE TO ACT BY THE HOTEL, UNLESS SUCH INJURY, LOSS OR DAMAGE IS CAUSED BY THE HOTEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. IN THE EVENT OF ANY GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT ON THE BEHALF OF THE HOTEL, IN NO EVENT SHALL THE HOTEL’S LIABILITY EXCEED THE ACTUAL DAMAGES INCURRED BY YOU (OR YOUR GUESTS OR VISITORS) AS A DIRECT RESULT OF THE HOTEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES AND, ANY RIGHT OR CLAIM TO EITHER IS EXPRESSLY AND UNCONDITIONALLY WAIVED.

EXCEPT FOR ANY CLAIM ARISING OUT OF OR RELATING TO HOTELS GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO RELEASE, INDEMNIFY, AND HOLD HARMLESS HOTEL AND ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, SHAREHOLDERS AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, OR ACTIONS OF ANY KIND WHATSOEVER FOR INJURIES, DAMAGES, OR LOSSES TO PERSONS (INCLUDING DEATH) OR PROPERTY WHICH MAY BE SUSTAINED OR ARISE IN CONNECTION WITH: (I) YOUR (OR YOUR GUESTS OR VISITORS) BREACH OF THESE TERMS; (II) YOUR AND YOUR GUEST(S) AND VISITORS STAY AT THE HOTEL, PRESENCE ON THE PREMISES OF THE HOTEL OR USE OF ANY THE HOTEL AMENITIES (INCLUDING THE GYM, POOL AND BIKES).

12. Arbitration; Waiver of Class Action & Governing Law:

Arbitration: You hereby agree and consent that any controversy or claim arising out of or relating to these Terms, or the breach thereof, or your (or that of your guests or visitors) stay the Hotel or use of any Hotel amenities (including the gym, pool and bikes) shall be exclusively settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Rules applicable for such claim or controversy, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be conducted by a single arbitrator chosen in accordance with the rules of the AAA and the arbitration shall be conducted in Los Angeles County, CA. Any award issued by the arbitrator is final and may not be appealed. Arbitration fees will be allocated according to the applicable AAA Rules. All persons are responsible for their own attorney’s fees, expert fees and any other expenses, unless the arbitrator awards such fees or expenses to a person based on applicable law.

Waiver of Class Action & Jury Trial: Any arbitration of a claim or controversy will be on an individual basis and you agree that you (and your guests and visitors) are waiving the right to participate as a class representative or class member in a class action lawsuit.

Governing Law: These Terms are construed and governed by and construed in accordance with the laws of the State of California without reference to any choice of law rules. Any dispute, claim or controversy arising from or relating to these Terms or your stay or visit (including that of your guests and visitors) at the Hotel shall be governed by the laws of the State of California.

13. Miscellaneous:

Third Party Services: If we arrange any third party services for you, all arrangements relating to the services are between you and the third party and we neither guarantee or warranty any of the services or the quality or fitness of any such services and your use of any third party services is at your sole risk.

Wi-Fi: Hotel Wi-Fi is provided via a public network and the Wi-Fi network may be accessed by other Hotel guests and visitors. The Hotel does not warrant that the Wi-Fi network will be secure and your use of the Wi-Fi network is at your sole risk.

Changes: These Terms may not be modified or amended by you without the written the express written acceptance of such modification or amendment by the Hotel.  

Force Majeure: If the Hotel is unable, delayed or prevented from performing its obligations as a result of force majeure event or any circumstances beyond its reasonable control, including floods, earthquakes, extreme adverse weather conditions, natural disasters, other acts of God, acts of terrorism, fire or failure of electric power, gas, water or other utility service, system failures, collapsing of or damage to building structures, government or public authority regulation or directive, pandemics, strikes, labor disputes, accidents and emergency repair works, then the Hotel’s liability to you shall be limited to refunding you the amount already paid to the Hotel by you for the portion of your stay that cannot be accommodated.

Website Terms of Use

Last Modified: May 22, 2025

Acceptance of the Terms of Use

These terms of use are entered into by and between you and Indus Investments Inc. dba The Eden Hotel Santa Monica (“Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of edensm.com, including any content, functionality, and services offered on or through edensm.com (the “Website”).

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age. If you are not 18 years of age, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access, to some parts of the Website or the entire Website.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

You agree that all information you provide to this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website without Company’s prior written consent.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: hello@edensm.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, and all related names and logos are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

Monitoring and Enforcement; Termination

We have the right to:

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
• Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

Reliance on Information Posted

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions

All purchases through our site or carried out through the Website, or resulting from visits made by you, are governed by our Reservation Terms, which are hereby incorporated into these Terms of Use.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the State of California in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE AND ITS CONTENT IS AT YOUR OWN RISK. THE WEBSITE AND ITS CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, and its and their respective officers, directors, employees, contractors, agents, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the Cities of Los Angeles or Santa Monica and County of Los Angeles, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use 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.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Indus Investments Inc. dba The Eden Hotel Santa Monica regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Your Comments and Concerns

This Website is operated by Indus Investments Inc. dba The Eden Hotel Santa Monica, 1301 Ocean Ave, Santa Monica, CA 90401.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: hello@edensm.com.