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Terms of Use
PLEASE READ THESE TERMS OF USE ("Terms") CAREFULLY BEFORE USING THIS SITE (the
"Site").
THE SITE
Canadianniagarahotels.com is proud to be a member of the Trip Network.
By using the Site, you signify your binding agreement to these Terms. We reserve
the right, in our sole discretion, to change, modify, add, or remove portions or
all of these Terms at any time. Please check these Terms periodically for
changes. Your continued use of the Site following the posting of changes to
these Terms (including our "Privacy Policy") constitutes your binding acceptance
of those changes.
Further, we may change any or all content on the Site, including, but not
limited to, products, programs, and/or services described on or offered through
the Site, without notice and without liability.
COPYRIGHT & LICENSES
All materials and content on the Site, including, but not limited to, images,
illustrations, text, audio clips, and video clips, are protected by or consist
of copyrights, trademarks, service marks, and/or other intellectual property
rights ("Intellectual Property"). The Intellectual Property is governed and
protected by United States and worldwide copyright, trademark, and/or other
intellectual property laws and treaty provisions, privacy and publicity laws,
and communications regulations and statutes. The Intellectual Property is owned
or controlled by us or other parties that have licensed to us the right to use
their Intellectual Property or the right to market their products and/or
services (collectively the "IP Providers").
The Intellectual Property is provided solely for your personal, non-commercial
use. You agree to abide by all additional copyright notices, information, or
restrictions contained in any material or content on the Site. You may download
any Intellectual Property solely for your personal, non-commercial use,
consistent with these Terms, provided that you maintain all copyright and other
notices contained in such Intellectual Property. You may not copy, reproduce,
republish, upload, post, transmit, distribute, and/or exploit any Intellectual
Property in any way (including by e-mail or other electronic means) without our
prior written consent or that of the IP Providers. Modification of any
Intellectual Property or use of any Intellectual Property for any other purpose
is a violation of the copyrights, trademark rights, and other proprietary
rights. The use of any Intellectual Property on any other site or networked
computer environment, or maintaining unauthorized links to the Site, is
prohibited by these Terms.
All software, applications, and modules (collectively, "software") used on the
Site are proprietary to or licensed to us by other parties ("Software
Providers", together with IP Providers, the "Providers"). You may not reproduce,
reverse engineer, create derivative works of, reverse assemble or reverse
compile, sell, lease, distribute, rent, assign, transfer, or modify any software
on the Site. Further, you cannot (i) use any device, software, or routine that
interferes or attempts to interfere with the normal operation of the Site; (ii)
perform any action that is deemed by us to impose a burden or unreasonable load
on our computer equipment; (iii) use any "robot," "spider," or other automatic
device (or a program, algorithm, or methodology with similar processes or
functionalities), or any manual process or functionality, to monitor, assemble,
analyze, index, copy, transmit, distribute, transfer, or link to any of the
pages, data, materials, or content available on this Site.
The United States controls the export of products and information. You agree to
comply with such restrictions and not to export or re-export the Intellectual
Property to countries or persons prohibited under United States' export control
laws. By using, copying, or downloading any portion of the Intellectual
Property, you are representing that you are not in a country where such export
is prohibited; that you are not on the US Commerce Department's Table of Denial
Orders or the US Treasury Department's list of Specially Designated Nationals;
and that you are not providing access to the Intellectual Property to any person
similarly situated.
INFORMATION SENT FROM USERS
Content you send to us, as between the two of us, whether via e-mail, forms,
messages, ideas, and/or suggestions, becomes our sole property and is
transmitted at your sole risk. You hereby represent and warrant that you own or
have the right to submit the foregoing to us. We will respond to customer
service questions in accordance with our "Privacy Policy."
You are strictly prohibited from uploading to the Site any material that
contains any virus, worm, "trojan horse," time bomb, or similar contaminating or
destructive feature. Violators may be prosecuted to the maximum extent of the
law.
LEGAL RESPONSIBILITY
You are responsible for maintaining the confidentiality of your account
information and your password, and for all activities that occur under your
account and/or password. We do not knowingly sell any of our products or
services to anyone under the age of 18. By using the Site, you represent that
you are of sufficient legal age to use the Site, and create binding legal
obligations for any liability incurred as a result of your use of the Site. If
you become aware that an unauthorized person may have access to your password,
you should change your password immediately and contact us.
The Site may contain links to sites that are not maintained by us. While we make
every effort to include links to only those sites that are in good taste and
safe for our visitors, we do not regularly review materials posted at such
sites. These links are provided solely as a convenience to you. We do not
necessarily endorse all of the materials appearing on such sites. We shall not
be responsible for, and we make no representation regarding, the content on such
sites. If you choose to link to any third-party site, you do so at your own
risk.
PRIVACY
You have read our "Privacy Policy," the terms of which are incorporated herein,
and agree to such terms.
TERMS OF PURCHASE
You may use the Site to make legitimate reservations and/or purchases, but you
cannot use the Site to make any speculative, false, or fraudulent reservation,
any reservation in anticipation of demand, or for any purpose that is deemed
unlawful or prohibited by these Terms. Violators may be prosecuted to the
maximum extent of the law.
Unless otherwise stated, all of the services and products offered on the Site
are subject to the following: Offers: (i) are informational only and may not
reflect current availability; (ii) apply to US point-of-sale only (void where
prohibited by law); and (iii) are limited time offers. All offers, prices, and
conditions of sale may be subject to: (a) change without notice; (b) advance
purchase, eligibility, or other limitations; (c) minimum or maximum stays,
holidays, seasons and/or blackout dates; (d) reservation validation limitations
of up to one year (if any extension permitted, penalties/restrictions may
apply); and/or (e) other conditions/restrictions. Prices quoted are in US
Dollars.
You agree to abide by all other additional terms and conditions applicable to
your reservation(s), purchase(s) of goods and services, request(s) to purchase,
use of software, and other uses of portions of the Site, including, but not
limited to, paying all amounts owed on a timely basis and complying with all
rules and restrictions regarding availability of products, programs or services,
and use of software. Because you agree to be legally responsible for the
purchase terms related to all of your reservations and for all charges, fees,
penalties, duties, taxes, and assessments that result from your use of the Site,
we encourage you to take the time to carefully review the terms of the offer.
Special requests (e.g., hotel room types) are not guaranteed and are subject to
availability and to the policies of the travel providers. You must contact the
individual travel provider to verify that your desired product or service is
available.
No reservation is complete until confirmed. To protect our customers, no prepaid
reservation will be processed until your credit card billing address and credit
card verification number have been verified as accurate by the credit/debit card
company and that your debit/charge will be accepted. Until such information is
verified, the rate and any other charges are subject to change. We are not
responsible for any transaction that is declined based upon a credit/debit card
that is declined by the issuing company or a travel provider or if, for any
reason, the debit/credit card billing address and/or credit card verification
number cannot be verified in a timely manner, nor are we responsible for any
changes in rate or any other charges that may occur during our verification
process.
Once your reservation has been confirmed, you are deemed to have agreed to all
of the terms and conditions related to your purchase. Since you are obligated to
comply with all of the terms and conditions related to your purchase, it is in
your best interests to review those terms and conditions carefully at the time
they are made available to you. Unless otherwise stated, most reservations may
be transferred, changed, upgraded, or cancelled/refunded; however, penalties and
additional processing fees may apply.
For more detailed information regarding a purchase, we suggest you review our
FAQs and our fees or contact us.
DISCLAIMER OF WARRANTIES
THE SERVICES AND MATERIALS ON THE SITE ARE PROVIDED "AS IS." TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, AND OUR PROVIDERS OR
DISTRIBUTORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO: (1) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND TITLE TO ANY OF THE SERVICES AND MATERIALS PROVIDED ON THE SITE;
(2) ANY WARRANTIES THAT THE FUNCTIONS CONTAINED IN THE SERVICES AND MATERIALS
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE
SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS; (3) ANY WARRANTIES REGARDING THE USE, OR RESULTS OF THE USE, OF THE
SERVICES AND MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, TIMELINESS, OR OTHERWISE. YOU ALONE ASSUME ANY AND ALL COSTS
ARISING IN CONNECTION WITH YOUR USE OF THE SITE. APPLICABLE LAW MAY NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO
YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE,
AND/OR OUR PROVIDERS OR DISTRIBUTORS, 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 ON THE SITE, OR YOUR DOWNLOADING OF ANY
MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO, OR OTHER INFORMATION FROM THE SITE.
IN NO EVENT SHALL WE, AND/OR OUR PROVIDERS OR DISTRIBUTORS, BE LIABLE FOR ANY
INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, 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, THAT ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THE USE, OR THE
INABILITY TO USE, THE SITE OR THE SERVICES OR MATERIALS ON THE SITE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR AGGREGATE
LIABILITY, OR THAT OF OUR PROVIDERS OR DISTRIBUTORS, EXCEED THE TOTAL CHARGES
SET FORTH IN THE ITINERARY GIVING RISE TO ANY SUCH LIABILITY. ANY CLAIM OR CAUSE
OF ACTION ARISING FROM, OR RELATING TO, YOUR ACCESS AND USE OF, OR PURCHASE OF
PRODUCTS AND/OR SERVICES FROM, THE SITE MUST BE BROUGHT WITHIN ONE (1) YEAR FROM
THE DATE ON WHICH SUCH CLAIM OR ACTION AROSE OR ACCRUED OR PURCHASE WAS
COMPLETED. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU. YOUR USE OF THE SITE SHALL BE AT YOUR OWN RISK.
THE SITE AS INTERMEDIARY
WE ARE ACTING AS AN INTERMEDIARY OR AS AN AGENT FOR PROVIDERS OF TRAVEL-RELATED
PRODUCTS AND/OR SERVICES BY PROMOTING, SELLING OR ACCEPTING RESERVATIONS OR
BOOKINGS FOR SUCH PRODUCTS AND/OR SERVICES (SUCH AS HOTEL ACCOMMODATIONS, MEALS,
ETC.). WE SHALL NOT BE RESPONSIBLE FOR BREACH OF CONTRACT OR ANY ACTIONS OR
OMISSIONS ON THE PART OF SUCH PROVIDERS, WHICH RESULT IN ANY LOSS, DAMAGE,
DELAY, OR INJURY TO YOU AND/OR YOUR TRAVEL COMPANION(S), IF ANY. WE DO NOT
GUARANTEE ANY OF SUCH PROVIDER'S RATES, BOOKINGS, RESERVATIONS OR OTHER PURCHASE
TERMS. WE SHALL NOT BE RESPONSIBLE FOR ANY DISRUPTION OF TRAVEL-RELATED PRODUCTS
AND/OR SERVICES, WHETHER RESULTING FROM BANKRUPTCY OF ANY TRAVEL PROVIDER(S), OR
DUE TO MONETARY CRISIS, POLITICAL OR SOCIAL UNREST, LABOR PROBLEMS, MECHANICAL
OR CONSTRUCTION DIFFICULTIES, CLIMATIC ABERRATIONS, LOCAL LAWS, DISEASES, NOVEL
CONDITIONS, INCLUDING TERRORIST ACTIVITIES, AND/OR EVENTS OF "FORCE MAJEURE"
(I.E., THOSE BEYOND OUR REASONABLE CONTROL).
INTERNATIONAL USE
We make no representation that materials or services available on the Site are
appropriate or available for use in locations outside the United States.
Accessing materials and services available on the Site from territories where
their contents are illegal is prohibited. Those who choose to access the Site
from other locations do so on their own initiative and are responsible for
complying with local laws.
TERMINATION
We reserve the right, in our sole discretion, and without liability, to
terminate your access to all or part of the Site, with or without notice, for
any reason or no reason.
INDEMNIFICATION
You shall defend and indemnify us, our Providers and Distributors, and each of
their respective officers, directors, employees, and agents, from and against
any claim, cause of action, or demand, including without limitation reasonable
legal and accounting fees, brought by or on your behalf in excess of the
liability described herein or by third parties as a result of your use of the
Site.
ENTIRE AGREEMENT; GOVERNING LAW; VENUE; SEVERABILITY
This agreement, including any other terms and conditions referenced herein,
constitutes the entire agreement with respect to this Site and it supersedes all
prior or contemporaneous communications and proposals, whether electronic, oral,
or written, with respect to this Site. A printed version of this agreement and
of any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement to the same
extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form. These Terms shall
be governed by and construed in accordance with the laws of the State of
Florida, without giving effect to any principles of conflicts of law. You agree
that any action at law or in equity arising out of or relating to these terms
shall be filed only in the state or federal courts of the State of Florida
located in Palm Beach County or in the United States District Court for the
Southern District of Florida, and you hereby consent and submit to the personal
jurisdiction of such courts for the purposes of litigating any such action. If
any provision of these terms shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from these terms
and shall not affect the validity and enforceability of any remaining
provisions.
STATE SELLER OF TRAVEL REGISTRATION NUMBERS: Florida ST 29956; State of Nevada
2003-0256*; State of Washington 602-254-363.
STATE OF NEVADA*
RECOVERY FUND FOR CONSUMERS DAMAGED BY SELLERS OF TRAVEL
You may be eligible for payment from the Recovery Fund if you have paid money to
a seller of travel registered in the State of Nevada for the purchase of travel
services or a vacation certificate and you have suffered certain financial
damages as a result of the transaction. To obtain information relating to your
rights under the Recovery Fund and the filing of a claim for recovery from the
Recovery Fund, you may contact the NEVADA CONSUMER AFFAIRS DIVISION OF THE
DEPARTMENT OF BUSINESS AND INDUSTRY AT THE FOLLOWING LOCATIONS:
SOUTHERN NEVADA:
1850 East Sahara Avenue, Suite 101, Las Vegas, Nevada 89104
Phone: 702-486-7355
Fax: 702-486-7371
E-mail: ncad@fyiconsumer.org
NORTHERN NEVADA:
4600 Kietzke Lane, Building B, Suite 113, Reno, Nevada 89502
Phone: 775-688-1800
Fax: 775-688-1803
E-mail: renocad@fyiconsumer.org
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