Application - This notice and disclaimer applies to Canadian
Hotel Guide.com ("website") By providing information, or by using or viewing
this website, you agree to be bound by these terms and conditions.
General - The website provides travel-related information
and permits the public to select and purchase travel products and services.
We do not represent, warrant, or endorse the accuracy, reliability, completeness
or timeliness of any of the information, content, views, opinions, recommendations,
advertisements, images, sounds, and text (collectively, the "Materials")
contained on, distributed through, or linked, downloaded or accessed from
the website, nor the quality of any products, services, information or other
Materials displayed, purchased, or obtained by you as a result of an advertisement
or any other information or offer in or in connection with the website (the
"Products"). You hereby acknowledge that any reliance upon any Materials
and any purchase of any Products shall be at your sole risk. We reserve
the right, in our sole discretion and without any obligation, to make improvements
to, or correct any error or omissions in any portion of the Service or the
This website may be used for your personal informational purposes only.
By using this website or downloading Materials from this website, you agree
to abide by the terms and conditions, set forth in this agreement. If you
do not agree to abide by these terms and conditions, do not use this website
or purchase Products from this website. Subject to your continued compliance
with the terms and conditions set forth in this Agreement, we grant you
a non-exclusive, non-transferable, limited right to access, use, and display
the Materials. We authorize you to view and download the Materials at this
website only for your personal, non-commercial use. This authorization is
not a transfer of title in all or any part of the Materials and is subject
to the following restrictions:
- you must retain, on all copies of the Materials downloaded, all copyright
and other proprietary notices contained in the Materials;
- you may not modify the Materials in any way or reproduce or publicly
display, perform, distribute, or otherwise use them for any public or
commercial purpose; and
- you must not transfer the Materials to any other person unless you give
them notice of, and they agree to accept, the obligations arising under
these terms and conditions of use.
This website, including all Materials, is protected by worldwide copyright
laws and treaty provisions, whether or not a copyright notice is present
on the Materials. You agree to comply with all copyright laws worldwide
in your use of this website and to prevent any unauthorized copying of the
Materials. Except as expressly provided herein, we do not grant any express
or implied right to you under any patents, trademarks, or copyrights.
Intellectual Property Rights - You recognize and agree
that you have no rights in or to the whole or any part of the trade names,
trademarks, and brandmarks of ours or of our licensors. You will not, except
as otherwise permitted by this Agreement while it is in effect, disclose,
make use of or otherwise infringe upon the intellectual property or any
derivatives thereof, it being specifically understood that the intellectual
property is owned solely and exclusively by us or our licensors. You have
no right, title, or interest whatsoever in the Materials (including intellectual
property rights) except as expressly set out in this Agreement. You agree
that upon any violation of these covenants, we shall suffer irreparable
harm and shall be entitled to injunctive relief against any further violation,
and our reasonable legal costs in addition to any other damages to which
we may be entitled. This covenant is independent of any other covenant,
term or condition of this Agreement and shall survive the expiration or
termination of this Agreement, it being understood that but for the giving
of this covenant, we would not have entered into this Agreement.
LIMITATION OF LIABILITY - THE SERVICE AND THE MATERIALS
ARE PROVIDED BY US AND OTHER INFORMATION PROVIDERS ON AN "AS IS" BASIS,
AND WE AND OTHER INFORMATION PROVIDERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES,
STATUTORY, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF SATISFACTORY QUALITY AND FITNESS FOR A
PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE OR ANY MATERIALS AND PRODUCTS.
IN NO EVENT SHALL WE AND OTHER INFORMATION PROVIDERS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY
KIND WHATSOEVER WITH RESPECT TO THE SERVICE, THE MATERIALS AND THE PRODUCTS.
Use Discretion - We encourage you to exercise discretion
while browsing the Internet or linking to third party sites or information
from our website. We make no representations concerning any endeavour to
review the content of which is connected to or linked from our website or
any of the Materials, and as such we are not responsible for the accuracy,
copyright compliance, or legality of material contained in third party information
including, without limitation, websites, advertisements, or in the Materials.
System Integrity - You may not use any device, software
or routine to interfere or attempt to interfere with the proper working
of our website or with any activities being conducted on the website. You
may not take any action, which imposes an unreasonable or disproportionately
large load on its infrastructure. You may not disclose or share your personal
account with any third parties or use your password for any unauthorized
purpose. You agree not to interrupt or attempt to interrupt the operation
of the website in any way.
Your Information - Your information includes any information
you provide to us or other users during the purchase of products and/or
services, by responding to surveys, or in any public message area or through
any email feature (collectively "Your Information"). With respect to Your
Information you agree that Your Information provided to us is true, accurate,
correct and complete and that you will notify us immediately of any changes
to it. You agree not to impersonate any other person or entity or to use
a false name or a name that you are not authorized to use or to provide
incorrect information as to your location or relevant to your right to use
the website. You hereby agree to transfer and assign to us and waive all
intellectual property rights in Your Information.
Notices - Except as explicitly stated otherwise, any notices
shall be given by email to [need email address], if to us, or to the email
address you provided during the registration process if to you, or such
other address as each party may specify. Notice shall be deemed to be given
24 hours after the email is sent, unless the sending party is notified that
the email address is invalid.
Indemnity - You hereby agree to indemnify, defend and
hold us harmless for all liability, claims, damages and costs, including,
without limitation, reasonable legal fees, arising out of or in connection
with a breach of your obligations, representations and warranties provided
in this Agreement. You also agree to hold us harmless for all liability,
claims, damages and costs, including reasonable legal fees, arising out
of or in connection with any errors, malfunctions or defects in connection
with any Products purchased by you.
Termination - Either party, upon 10 business days written
notice to the other party, may terminate this Agreement without cause. This
Agreement may be terminated immediately by us, without notice, if you fail
to comply with this Agreement. We may also terminate this Agreement immediately
if we discontinue operation of this website.
Assignment - You may not assign, in whole or in part,
any of your rights or obligations under this Agreement, without our written
consent. We may assign this Agreement at any time without notice to you.
Legal Fees - If any action at law or in equity is necessary
to enforce or interpret our rights under this Agreement the terms of this
Agreement, or any of the provisions hereof, we shall be entitled to recover
from you, in addition to any other relief to which we may be entitled, reasonable
legal fees, costs and necessary disbursements.
Governing Law - This Agreement shall be construed and
enforced in accordance with the laws of the State of New York. Any disputes
under this Agreement will be settled by the parties through binding arbitration
by an independent arbitrator chosen by the parties or if they cannot agree,
then by a court.
Severability - If one or more provisions of this Agreement
are held to be invalid, generally or specifically in a given jurisdiction,
such invalidity shall not affect the other provisions hereof, and to this
extent, the provisions of this Agreement are intended to be, and shall be,
severable to the limited extent necessary and to retain the mutual intent
of the parties.
Entire Agreement - This Agreement constitutes the entire
agreement between you and us and supersedes all other agreements. No other
representations or warranties are made, save for those contained within
this Agreement. Any conflicts between the terms or conditions of this Agreement
and the terms or conditions of any other agreement between you and us shall
be decided by reference to this Agreement.
Please direct any questions or concerns regarding these terms and conditions
to [email protected].