PLEASE READ THE TERMS OF USE (“TERMS”) CAREFULLY
BEFORE USING THIS WEBSITE (“SITE”). THE
TERMS CONSTITUTE AN AGREEMENT BETWEEN YOU AND HOTELROOMS365.COM
(“365”) GOVERNING YOUR ACCESS TO AND USE OF THE
SITE. BY ACCESSING OR USING THE SITE, YOU AND ANY ENTITY
YOU ARE AUTHORIZED TO REPRESENT (“YOU” OR “YOUR”)
AGREE TO BE BOUND BY THESE TERMS. WE MAY MODIFY THESE
TERMS AT ANY TIME WITHOUT NOTICE TO YOU BY POSTING REVISED
TERMS ON OUR SITES. CONTINUED USE OF OUR SITES CONSTITUTES
YOUR BINDING ACCEPTANCE OF ANY MODIFICATIONS HERETO.
USE OF THE SITE
You represent that You have read and agree to be bound
by the Terms. As a condition to your use of the Site, You
further agree to comply with U.S. or other applicable law
regarding the transmission of any information obtained
from the Site in accordance with the Terms, not to use
the Site for illegal purposes, and not to interfere or
disrupt the networks connected to the Site.
365 makes certain
services available to the general public (“Users”). Users
will have access to certain information relating to services
and information provided by third parties (third parties
that provide search services or information shall be collectively
referred to as “Third Party Providers”).
You
warrant that you are at least 18 years old and possess
the legal authority to enter into these Terms and to use
the Site in accordance with the Terms. You agree
to be financially responsible for all of your use of the
Site and for the use of your name and credit card account
to pay for products and services purchased at the Site
by members of your household, including minors living with
you. You also warrant that all information supplied
by you or members of your household in using the Site is
true and accurate.
This Site is intended to assist customers
in obtaining travel-related goods and services and to making
legitimate reservations or otherwise transact business
with suppliers, and for no other purposes. Separate
terms and conditions will apply to any reservation, booking,
or other purchase of travel-related goods and services
selected by the User. You
agree to abide by the terms or conditions of purchase imposed
by any supplier with whom you choose to deal, including,
but not limited to, payment of all amounts when due and
compliance with the supplier's rules and restrictions regarding
availability and use of fares, products, or services. You
understand that any violation of any such supplier's conditions
of purchase may result in cancellation of your reservation(s)
or purchase, in your being denied access to any flights,
hotels, or automobiles, in your forfeiting any monies paid
for such reservation(s) or purchase, and in 365 debiting
your account for any costs we incur as a result of such
violation. You shall be completely responsible for
all charges, fees, duties, taxes, and assessments arising
out of your use of the Site, and, without limitation, you
shall be responsible for all charges, fees, duties, taxes,
and assessments arising out of transactions performed by
others on your behalf, whether or not such uses were performed
with your consent.
You agree that your credit card will be charged for the
full cost of your reservation upon submitting your reservation
request. The cost of your reservation is the total
of: the indicated room rate multiplied by the number of
days in your reservation, plus an additional amount for
the tax recovery charges and our service fees. The tax
recovery charge is assessed to recover the amount we pay
to the hotel in connection with your reservation for sales
and use, occupancy, room tax excise tax, value added and
other similar taxes etc., and the balance of the additional
amount is a fee we charge in connection with the handling
of your reservation. Our service fee varies based on the
amount and location of your reservation.
We are not the vendor collecting and remitting said tax
to the applicable tax authorities. The vendors
bill all applicable taxes to us and we remit such tax directly
to the vendor. We are not a co-vendor associated with the
vendor with whom we book or reserve our customer's travel
arrangements. Taxability and the appropriate tax
rate vary greatly by location. Our actual tax cost
paid to the vendor may vary from the tax recovery charge,
depending upon the rates, taxability, etc. in effect at
the time of the actual use of the hotel, automobile, etc.
by our customer.
You may cancel or change your prepaid reservation, but
you will be charged the cancellation or change fee indicated
on the reservation order form. In addition, if you
do not cancel or change your reservation before the cancellation
policy period applicable to the hotel you reserved, which
varies by hotel (usually 24 to 72 hours prior to your date
of arrival), you will be subject to a charge of one-night's
room rate, tax recovery charges and service fees. No
refunds will be made for no-shows or early checkouts. See
the hotel description for the cancellation policy period
for each hotel. You agree to pay any cancellation or change
fee that you incur. In some cases, hotels do not
permit changes to or cancellations of reservations after
they are made, generally for stays during holiday periods
or special events. You will be notified before the
reservation order is completed and your credit card is
charged if a reservation is non refundable or non changeable. You
agree to abide by the terms and conditions imposed with
respect to any completed reservation order for a hotel
stay as specified on the reservation order form.
Travel Destinations
By using this Site, you acknowledge being made aware that
travel to certain destinations may involve greater risk
than to other destinations. 365 urges its Users to
review travel prohibitions, warnings, announcements and
advisories issued by the United States Government prior
to booking travel to international destinations. Information
on conditions in various countries and the level of risk
associated with travel to particular international destinations
can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.
BY OFFERING FOR SALE TRAVEL TO OR ACCOMODATIONS IN PARTICULAR
INTERNATIONAL DESTINATIONS, HOTELROOMS365.COM DOES NOT
REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE
OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES
THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
THIRD PARTY PROVIDERS
365 uses reasonable diligence to ensure that the services
and information provided by such Third Party Providers
are reliable and accurate. Notwithstanding the foregoing,
365 does not maintain any control over the quality of service,
accuracy of information or operation of such Third Party
Provider website. The links and information provided
by 365 are for information purposes only. The appearance
of any link to a Third Party Provider in the database should
in no way be interpreted as an endorsement of such Third
Party Provider or any services or information provided
thereby. If You decide to access any of the Third
Party Provider website, You do this entirely at Your own
risk. The information is strictly for the Users’ use
and is not to be reproduced or distributed to others.
365 makes no guarantees about the accuracy, currency,
content, or quality of the services or information provided
by such Third Party Provider, and 365 assumes no responsibility
for unintended, objectionable, inaccurate, misleading,
or unlawful content that may reside on Third Party Provider
websites. You acknowledge and agree that 365 makes no guarantees
about, and assumes no responsibility for, the accuracy,
currency, content, or quality of such Third Party Provider
websites, services or information. Users accept full
responsibility for any correspondence, communication or
contact with Third Party Providers. Any and all fee
arrangements thereafter are strictly between You and any
Third Party Provider or advertiser.
Notwithstanding the foregoing, 365 will review complaints
about such Third Party Providers or advertisers in order
to determine if they should no longer appear in the 365
database. You may send a complaint via electronic
mail to info@HotelRooms365.com if You wish to identify
any Third Party Provider or advertiser that You believe
is not providing services as advertised in the database.
365 also reserves the right to terminate any link to a
Third Party Provider at any time.
COMPLIANCE WITH LAWS
By accessing HotelRooms 365.com You acknowledge that You
will comply with any and all local, county, district, state,
and federal laws concerning any use of Third Party Provider
websites and services. You agree that You are not
and will not use the Site as a means to purchase or solicit
illegal activities.
LIMITATIONS ON USE
In connection with Your use of the Site, You agree that
You shall not:
- Transmit or communicate any data that is unlawful,
harmful, threatening, abusive, harassing, defamatory,
vulgar, obscene, invasive of another's privacy, hateful,
or racially, ethnically or otherwise objectionable;
- Upload or input the Site with any information which
contains software viruses, Trojan horses, worms, time
bombs, or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality
of the Site, any computer software or hardware or telecommunications
equipment;
- Impersonate any person or entity or falsely state or
otherwise misrepresent Your affiliation with a person
or entity;
- Forge headers or otherwise manipulate identifiers in
order to disguise the origin of any content transmitted
to other users;
- Intentionally or unintentionally violate any applicable
local, state, federal or international law and any regulations
requirements, procedures or policies in force from time
to time;
- Use any automated means, including, without limitation,
agents, robots, scripts, or spiders, to access, monitor,
or copy any part of the Site;
- Use the Site in any manner that in 365’s judgment,
adversely affects the performance or function of the
Site or interferes with the ability of other members
or authorized parties to access the Site; or
- Undertake any acts not expressly permitted under these
Terms.
TERMINATION
365 may discontinue or suspend the Site at any time without
notice, and 365 may block, terminate or suspend Your access
to the Site at any time for any reason in its sole discretion,
even if access to the Site continues to be allowed to other
Users. Upon such suspension or termination, You must
immediately discontinue use of the Site. You acknowledge
and agree that 365 shall not be liable to You or any third
party for any termination or suspension of Your access
to the Site.
Intellectual Property
This Site and its contents (“Content”) are
protected by copyright and other intellectual property
laws and may not be copied or imitated in whole or in part. All
trademarks, service marks, trade dress and other intellectual
property rights associated with the Site and the Content
are the sole property of 365 or its affiliates or partners. The
Content is also protected as a collective work or compilation
under U.S. copyright and other laws and treaties. All individual
articles, columns and other elements making up the Content
are also protected by such copyright laws and treaties.
You agree to abide by all applicable copyright and other
laws, as well as any additional copyright notices or restrictions
contained on the Site. 365 does not convey, through
allowing access to the Site, any ownership rights in the
Site or in any Content. You may not copy, modify,
translate, transmit, distribute, adapt, reproduce, decompile,
reverse engineer or disassemble any part of Site or the
Content.
If You believe that a Web page hosted by 365 is violating
Your rights under U.S. copyright law, You may file a complaint
of such claimed infringement with 365’s designated
agent in the manner described below.
By Mail:
HotelRooms365.com
c/o Take Time To Travel, Inc.
25 West 45th Street, Suite 1208
New York, NY 10036
By Email:
info@HotelRooms365.com
INDEMNIFICATION
YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND 365 AND
ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS,
CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES, AT YOUR EXPENSE,
AGAINST ANY AND ALL THIRD PARTY CLAIMS OR DEMANDS, ACTIONS,
PROCEEDINGS AND SUITS AND ALL RELATED LIABILITIES, DAMAGES,
SETTLEMENTS, PENALTIES, FINES COSTS AND EXPENSES (INCLUDING,
WITHOUT LIMITATION, REASONABLE ATTORNEY'S FEES AND OTHER
DISPUTE RESOLUTION EXPENSES) INCURRED BY 365 DUE TO YOUR
BREACH OF THE TERMS OR ARISING OUT OF YOUR ACTIONS, YOUR
VIOLATION OF THE TERMS, OR YOUR VIOLATION OF ANY RIGHTS
OF ANOTHER.
DISCLAIMER OF WARRANTY
THE SITE AND ITS CONTENTS ARE PROVIDED "AS IS".
365, ITS PARENTS, AFFILIATES, LICENSORS AND SUPPLIERS,
TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ANY AND
ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT
OF THIRD PARTIES' RIGHTS AND YOUR ABILIITY OR INABILITY
TO USE THE SITE AND ITS CONTENT. 365, ITS PARENTS,
AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS
OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY
OR TIMELINESS OF THE CONTENT, RESULTS OBTAINED, INFORMATION
OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE SITE. NO
INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED BY 365 IN THE TERMS. USE
OF THE SITE AND ITS CONTENT IS AT YOUR OWN RISK.
THE CARRIERS, HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL
OR OTHER SERVICES FOR 365 ARE INDEPENDENT CONTRACTORS AND
NOT AGENTS OR EMPLOYEES OF 365 OR ITS PARENT OR AFFILIATES.
365, ITS PARENTS, AND AFFILIATES ARE NOT LIABLE FOR THE
ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES
OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL
INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES
RESULTING THEREFROM. 365, ITS PARENTS AND AFFILIATES
HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT
OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE
MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND
THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE,
OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT
OR AUTHORITY.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION
MAY NOT APPLY TO YOU. YOU AGREE AND ACKNOWLEDGE THAT
THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY
PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL
365 , ITS PARENTS, AFFILIATES, LICENSORS OR SUPPLIERS BE
LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE
AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING
FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM
THE USE OF OR INABILITY TO USE THE SITE, CONTENT, RESULTS
OBTAINED, INFORMATION OR SERVICES WHETHER BASED ON
WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT 365 HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED
BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS ARE
EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR
IN THESE TERMS. IN NO EVENT AND UNDER NO CIRCUMSTANCES
SHALL 365’S LIABILITY EXCEED $500.00 IN ACCORDANCE
WITH THIS AGREEMENT.
GOVERNING LAW, VENUE AND JURISDICTION
The Terms shall be governed and construed in accordance
with the laws of the State of New York without giving effect
to the conflict of laws principles thereof. You hereby
expressly agree to irrevocably submit to the exclusive
jurisdiction and venue of the Federal and State
courts located in the State of New York, New York County for
the purposes of any suit, action or other proceeding arising
out of or based upon the Terms or the subject matter hereto.
TRADEMARK NOTICE
365’s names, logos, and other related properties
are trademarks of Licensor. All other trademarks appearing
on the advertisement are trademarks of their respective
owners.
COPYRIGHT NOTICE
All contents of this website are copyrighted © 2006
HotelRooms365.com. All rights reserved.
SEVERABILITY
If any provision of this agreement shall be held
or made invalid or unenforceable by a court decision,
statute, rule or otherwise, the remaining provisions
of this agreement shall not be affected thereby.
MODIFICATIONS
365 reserves the right to change or modify any
provision of these Terms at any time in its sole and
exclusive discretion.
ENTIRE AGREEMENT
These Terms constitute the entire agreement between You
and 365 with respect to the use of the Site or its Content,
any software or service, information, and supersede all
discussions, communications, conversations and agreements
concerning the subject matter hereof.
If You have any questions, in connection with
the Terms, please write to the following address:
Contact:
HotelRooms365.com
a division of Take Time To Travel, Inc.
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