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General Notice
Please read this user agreement and these terms and conditions carefully before
using this site. Your use of this site is expressly conditioned on your acceptance
of the following terms and conditions. Your use of this web site constitutes your
agreement to all such terms, conditions, and notices. If you do not agree with any
part of this agreement, you must not use this site.
Ownership
This site, and each of its modules, together with the arrangement and compilation
of the content found on this site, is the copyrighted property of ONH, LLC d/b/a
Onlinehotels.com ("OnlineHotels.com") and/or its various third party providers and
distributors. Some of the content found on this site is owned by third party providers
and distributors.
In addition, the trademarks, logos and service marks displayed on this site (collectively,
the "Trademarks") are registered and common law Trademarks of Onlinehotels.com,
its affiliates, and various third parties. Nothing contained on this site should
be construed as granting, by implication, or otherwise, any license or right to
use any of the Trademarks without the written permission of Onlinehotels.com.
Use of Site
Onlinehotels.com is for your personal and non-commercial use only. You may only
use this site to make legitimate reservations or purchases and shall not use this
site for any other purposes, including without limitation, to make any speculative,
false or fraudulent reservation or any reservation in anticipation of demand. You
may only use this site if you are of age to enter a binding agreement.
This site and the content provided in this site, including the text, graphics, button
icons, audio and video clips, digital downloads, data compilations and software,
may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed
without the written permission of Onlinehotels.com, and/or its third party providers
and distributors, except that you may download, display and print the materials
presented on this site for your personal, non-commercial use only.
You may not use any "robot," "spider" or other automatic device, or a program, algorithm
or methodology having similar processes or functionality, or any manual process,
to monitor or copy any of the Web pages, data or content found on this site, in
any case without the prior written permission of Onlinehotels.com. You agree that
you will not transmit or otherwise transfer any Web pages, data or content found
on this site to any other medium for distribution or use in any commercial endeavor.
You agree that you will not use any device, software or routine to interfere or
attempt to interfere with the proper working of this site. You agree that you will
not take any action that imposes a burden or load on our infrastructure that Onlinehotels.com
deems in its sole discretion to be unreasonable or disproportionate to the benefits
Onlinehotels.com obtains from your use of the site. Unauthorized use of this site
and/or the materials contained on this site may violate applicable copyright, trademark
or other intellectual property laws or other laws.
The use of such materials on any other website is prohibited. You are prohibited
from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene,
indecent, inflammatory, pornographic or profane material or any material that would
be considered a criminal offense, or otherwise violate any law. In addition, you
are prohibited from posting or transmitting any information which (a) infringes
the rights of others or violates their privacy or publicity rights, (b) is protected
by copyright, trademark or other proprietary right, unless with the express written
permission of the owner of such right, (c) contains a virus, bug or other harmful
item, or (d) is used to unlawfully collude against another person in restraint of
trade or competition. You shall be solely liable for any damages resulting from
any infringement of copyright, trademark, or other proprietary right, or any other
harm resulting from your use of this site.
Privacy
You have read the Onlinehotels.com Privacy Policy. You consent to the use of your
personal information by Onlinehotels.com and/or its third party providers, suppliers
and distributors in agreement with the terms of and for the purposes set forth in
the Onlinehotels.com Privacy Policy.
Responsibility
Your use this site places you responsible for the confidentiality of your account
and your password. You agree to accept accountability for all activities that occur
under your account. You understand that you are financially responsible for all
use of this site by you and those utilizing your account.
Review of Transmission
Onlinehotels.com may, from time to time monitor and review any information
transmitted or received through this site and reserves the right to censor, edit,
remove or prohibit the transmission or receipt of any information that Onlinehotels.com
deems inappropriate or in violation of these terms and conditions. During monitoring,
the information may be examined, recorded or copied, and your use of this site constitutes
your consent to such monitoring and review. You agree that if you submit suggestions,
ideas, comments or questions or post any other information on this site, you grant
Onlinehotels.com a worldwide, non-exclusive, royalty-free right to use, reproduce,
modify, publish, distribute and display such content in any medium in any arrangement.
Warranty Disclaimer
OnlineHotels.com and our providers, suppliers and distributors make no warranty
of any kind regarding this site and/or any materials provided on this site. OnlineHotels.com
and any third party providers and distributors do not warrant the correctness, totality,
currency, or reliability of any of the content found on this site and such parties
expressly disclaim all warranties and conditions, including implied warranties and
conditions of merchantability, fitness for a particular purpose and non-infringement,
and those arising by statute or otherwise in law or from a course of dealing or
usage of trade. Neither OnlineHotels.com nor any third party providers or distributors
warrant that this site, It's servers or any e-mail sent from OnlineHotels.com are
free of viruses or other harmful components. This warranty gives you explicit rights
which vary from state to state as some states don't allow for a disclaimer of implied
warranties.
Limitation of Liability
OnlineHotels.com assumes no responsibility, and shall not be liable for,
any damages to, or viruses that may infect your computer equipment or other property
on account of your access to, use of, or browsing in this site or your downloading
of any materials, data, text, images, video, or audio from the site. In no event
shall OnlineHotels.com or any third party providers or distributors be liable for
any injury, loss, claim, damage, or any special, exemplary, punitive, indirect,
incidental or consequential damages of any kind (Including, but not limited to lost
profits or lost savings), whether based in contract, tort, strict liability, or
otherwise, which arises out of or is in any way connected with (I) Any use of this
site or content found herein (II) Any failure or delay (Including, but not limited
to the use of or inability to use any component of this site for reservations or
ticketing), OR (III) The performance or non performance by OnlineHotels.com or any
third party providers, including, but not limited to, non performance resulting
from bankruptcy, reorganization insolvency, dissolution or liquidation even if such
party has been advised of the possibility or damages to such parties or any other
party. In the event Onlinehotels.com or any third party supplier, provider or distributor
should be found liable for any loss or damage which arises out of or is in any way
connected with any of the above described functions of this site or its content,
the liability of Onlinehotels.com and the third party providers and distributors
shall in no event exceed, US $50.00. In its sole discretion, in addition to any
other rights or resolutions available to Onlinehotels.com and without any liability
whatsoever, Onlinehotels.com at any time and without notice may terminate or restrict
your access to any area of this site. This warranty gives you explicit rights which
vary from state to state as some states don't allow for a disclaimer of limitation
of liability.
Indemnification
You agree to defend and indemnify Onlinehotels.com and any third party providers,
suppliers, distributors, and their officers, directors, employees and agents from
and against any claim, cause of action or demand, including without limitation reasonable
legal and accounting fees, losses, recoveries, penalties and other expense brought
by or on your behalf in excess of the liability described herein or by third parties
as a result of your use of this site.
Links to Third Party Sites
This site contains hyperlinks to other websites which are provided solely
as a service to you and is not an endorsement by Onlinehotels.com, its third party
providers or distributors of the contents of such other sites. Onlinehotels.com
shall not be responsible for the content of any other websites. If you choose to
enter other websites, you do so at your own risk.
Relationship
The relationship between Onlinehotels.com and you will be that of independent
contractors, and neither of us nor any of our respective officers, agents or employees
will be held or construed to be partners, joint ventures, fiduciaries, employees
or agents of the other.
Governing Law
This Agreement and its performance shall be governed by the laws of the state
of Florida , United States of America , without regard to its conflict of laws provisions.
You consent and submit to the exclusive jurisdiction of the state and federal courts
located in Volusia County, the state of Florida, United States of America, in all
inquiries and disagreements arising out of your use of this site.
Injuctive Relief
You acknowledge that a violation or attempted violation of any of this User
Agreement and these terms and conditions will cause such damage to Onlinehotels.com
as will be irreparable, the exact amount of which would be difficult to ascertain
and for which there will be no adequate remedy at law. Accordingly, you agree that
Onlinehotels.com shall be entitled as a matter of right to an injunction issued
by any court of competent jurisdiction, restraining such violation or attempted
violation of these terms and conditions by You, or Your affiliates, partners, or
agents, as well as recover from You any and all costs and expenses sustained or
incurred by Onlinehotels.com in obtaining such an injunction, including, without
limitation, reasonable attorney's fees. You agree that no bond or other security
shall be required in connection with such injunction.
Termination
Onlinehotels.com may terminate this User Agreement and these terms and conditions
and/or the provision of any of the services at any time for any reason. Such termination
shall not affect any right to relief to which Onlinehotels.com and its third party
providers and distributors may be entitled, at law or in equity. Upon termination
of this User Agreement and these terms and conditions, all rights granted to you
will terminate and revert to Onlinehotels.com.
Amendment
Onlinehotels.com may at any time modify these terms and conditions. Your
use of this site will be in concurrence with the terms and conditions in place at
the time of your use.
Additional Terms
Additional terms and conditions may apply to reservations, purchases of goods
and services and other uses of portions of this site, and you agree to abide by
such other terms and conditions.
Entire Agreement
This User Agreement, together with any terms and conditions incorporated
herein or referred to herein constitute the entire agreement between us relating
to the subject matter hereof, and supersedes any prior understandings or agreements
(whether oral or written) regarding the subject matter, and may not be amended or
modified except in writing or by making such amendments or modifications available
on this site.
Attorney's Fees
If OnlineHotels.com or its affiliates take any action to enforce this User
Agreement and these terms and conditions, such parties will be entitled to recover
from you, and you agree to pay, all reasonable and necessary attorney's fees and
any cost of litigation, in addition to any other relief, at law or in equity, to
which such parties may be entitled.
Severability
These terms and conditions shall be deemed severable. In the event that any
provision is determined to be unenforceable or invalid, such provision shall nonetheless
be enforced to the fullest extent permitted by applicable law, and such determination
shall not affect the validity and enforceability of any other remaining provisions.
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