IndianMotels.com Terms of Use Contd...
9. Confidentiality
You acknowledge and agree that any user name, login code, identifier or password (each, a "Password") is confidential information. You must maintain the confidentiality of any Password, and you may not disclose such Password to any other person or entity or permit any other person or entity, whether or not a Member, to access the Site or the Services using such Password. You acknowledge and agree that you are responsible for any use of your username, user ID, login and / or Password, including any fees incurred. You agree to notify IndianMotels.com immediately of any unauthorized use of any Password or any other breach of security of which you are aware. You may not use any Password that is not issued directly to you or approved by IndianMotels.com.
IndianMotels.com cannot be responsible, and disclaims all liability in connection with, the use of any information that you submit, post or display on the Site. You should use caution when posting any information, including personally identifiable information to the Site.
10. Links to Third Party Websites
The Site may contain links to websites and other resources operated by third parties other than IndianMotels.com. Such links are provided solely as a convenience to you. IndianMotels.com does not control such websites, and is not responsible for the contents, or products, services or other Content offered through such websites. IndianMotels.com 's inclusion of links to such websites does not imply any endorsement of any website, or the content, products or services offered through any website, or of any company or person. If you decide to access any third party websites, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies of such websites.
11. Release
In the event that you have a dispute with one or more Members or users of the Site, you hereby irrevocably release IndianMotels.com and its directors, officers, agents, affiliates, subsidiaries, employees, successors and assigns from any claims, demands or damages, direct or consequential, of any kind, known or unknown, disclosed and undisclosed, arising out of, related to or in connection with any such dispute. If you are a California resident, you hereby waive California Civil Code § 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
12. Warranties and Disclaimer
EXCEPT AS EXPRESSLY PROVIDED BY THE APPLICABLE ADDITIONAL TERMS, THE SITE AND ANY CONTENT, PRODUCTS AND SERVICES CONTAINED ON THE SITE, INCLUDING LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IndianMotels.com DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE CONTENT, THE PRODUCTS, THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, IndianMotels.com DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT. AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT TO IndianMotels.com THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE.
13. Limitation of Liability Previous | Next
IndianMotels.com AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES
WHATSOEVER, WHETHER OR NOT IndianMotels.com HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH ANY ERRORS OR OMISSIONS, VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITE OR THE CONTENT, PRODUCTS OR SERVICES AVAILABLE FROM THE SITE OR ANY LOSS, BUSINESS INTERRUPTION OR OTHER DAMAGES IN
CONNECTION THEREWITH. WITHOUT LIMITING THE FOREGOING, IndianMotels.com LIABILITY IN CONNECTION WITH THE SITE, THE CONTENT, THE PRODUCTS, THE SERVICES OR THESE TERMS OF USE SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SITE, THE
CONTENT, THE PRODUCTS OR SERVICES GIVING RISE TO THE CLAIM. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
14. Indemnification
You agree to indemnify, defend and hold harmless IndianMotels.com and its officers, directors, employees, agents, suppliers, licensors and third party partners from and against all claims, losses, expenses, damages and costs (collectively, "Damages"), including reasonable attorneys' fees, resulting from:
(a) any violation by you of these Terms of Use or any applicable Additional Terms, and (b) any User Content provided by you.
15. Dispute Resolution
If any controversy, dispute or claim arising out of or related to your use of the Site, the Services or any of the Content arises, the dispute will be resolved exclusively by binding arbitration in accordance with the then-current Commercial Rules of the American Arbitration Association. However, IndianMotels.com will have the right to petition any court of competent jurisdiction for the entry of injunctions and orders for specific performance
relating to your unauthorized use, modification, copying, distribution, transmission, display, performance, reproduction, publication, license, creation of derivative works, transfer or sale of the Site, the Products, the Services, the Marks and / or the Content.
16. Governing Law
Except as provided in the second sentence of Section 16, all litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings initiated in connection with the Site, the Services and / or the Content must and will be venued exclusively in Chicago, Illinois,
USA. These Terms of Use and the relationship between you and IndianMotels.com will be governed by the laws of the Commonwealth of Illinois, USA, without giving effect to principles of conflict of laws of any jurisdiction. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.
17. Miscellaneous
If any provision of these Terms of Use or any Additional Terms is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Use or the applicable Additional Terms will be reformed, construed and enforced in such jurisdiction as if such provision had
never been contained herein. You agree that no joint venture, partnership, employment, or agency relationship exists between you and IndianMotels.com as a result of these Terms of Use, any Additional Terms, our Privacy Policy or use of the Site, the Products and / or the Services. IndianMotels.com performance of these Terms of Use and any Additional Terms is subject to existing laws and legal process, and nothing contained in these Terms of Use, any Additional Terms or our Privacy Policy is in derogation of IndianMotels.com right to comply with
law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by IndianMotels.com with respect to such use. These Terms of Use, the Privacy Policy and any Additional Terms constitute the entire agreement between you and IndianMotels.com with respect to the Site, the Products and the Services, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and IndianMotels.com with respect to the Site, the Products and the Services. In the event of a conflict between these Terms of Use and the terms and conditions of any of the foregoing with respect to the Site, the Services, the Products or any Content, the Additional Terms shall control with respect to their subject matter. The Section titles in these Terms of Use are for convenience only and have no legal or contractual effect. We may provide notice to you hereunder by posting announcements to the Site. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial, arbitration or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and IndianMotels.com as a result of these Terms of Use, any Additional Terms, our Privacy Policy or use of the Site, the Products and / or the Services. IndianMotels.com 's performance of these Terms of Use and any Additional Terms is subject to existing laws and legal process, and nothing contained in these Terms of Use, any Additional Terms or our Privacy Policy is in derogation of IndianMotels.com 's right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by IndianMotels.com with respect to such use. These Terms of Use, the Privacy Policy and any Additional Terms constitute the entire agreement between you and IndianMotels.com with respect to the Site, the Products and the Services, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and IndianMotels.com with respect to the Site, the Products and the Services. In the event of a conflict between these Terms of Use and the terms and conditions of any of the foregoing with respect to the Site, the Services, the Products or any Content, the Additional Terms shall control with respect to their subject matter. The Section titles in these Terms of Use are for convenience only and have no legal or contractual effect. We may provide notice to you hereunder by posting announcements to the Site. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial, arbitration or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
|
|
|