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USER AGREEMENT
(Terms of Use)
Hotels and Discounts and our affiliates provide our products and
services to you subject to the following terms and conditions. Please
read the conditions carefully. If you visit or book a reservation
through Hotels and Discounts or any of our affiliated businesses,
you accept these terms and conditions.
1. Limitations on Use of Web site
This web site is for your personal and noncommercial
use in accordance with the terms and conditions of this agreement,
and as a condition of your use you warrant and represent to Hotels
and Discounts that you will not use this web site for any illegal
purpose or for any purpose that is prohibited by the terms and conditions
of this agreement. Specifically, you may not modify, copy, distribute,
transmit, publish, display, license, create derivative works from
or sell any product, services, information or software obtained
from this web site
2. Your Warranties to Hotels and Discounts
You warrant that you are at least 18 years old
and possess the legal authority to enter into this agreement and
to use this web site in accordance with the terms and conditions
of this agreement. You agree to be financially responsible for all
of your use of this web site as well as for the use of your name
and credit card account to pay products and services at this web
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 this web site is true and accurate.
3. Terms of Service
You agree that your credit card will be charged
for the full amount of your reservation when Hotels and Discounts
accepts your reservation order. The cost of your reservation is
the total of: the indicated room rate multiplied times the number
of days in your reservation, tax charges and our service fees. The
tax charge is assessed to recover all local occupancy, value added
and other similar taxes paid in connection with your reservation
order. You may cancel or change your 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 hotel's cancellation policy period, 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 charges and
service fees. See the hotel description for each hotel's cancellation
policy period. You agree to pay any cancellation or change fee that
you incur. Sometimes, hotels require us not to permit changes to
or cancellations of reservations after they are made for stays during
holiday periods or special events or in order to get a special,
lower room rate. 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.
You will be completely responsible for all charges, fees, duties,
taxes and assessments arising out of the use of this web site
4. Contract Formation
No contract will exist between you and Hotels
and Discounts or its affiliates for the sale by it to you of any
product unless and until Hotels and Discounts accepts your reservation
by e-mail confirming your reservation and issuing you a unique confirmation
code. Acceptance will be deemed complete and will be deemed to be
effectively communicated to you for all purposes at the time that
Hotels and Discounts sends the e-mail to you whether or not you
receive the e-mail
5. Links to Third Party Web sites
Our web site contains links to web sites operated
by parties other than Hotels and Discounts. Those links are provided
to you for your reference and convenience only. Hotels and Discounts
does not own or control the content of those web sites and is not
responsible for their content or your use of them. Hotels and Discounts
does not endorse the content of any of those web sites Inclusion
of links to those web sites on our web sites does not imply that
any endorsement of the content of those web sites or any control
over those web sites or their operators by Hotels and Discounts.
6. Electronic Communications
You communicate with Hotels and Discounts electronically
whenever you visit Hotels and Discounts or send e-mail to us. You
consent to receive communications from Hotels and Discounts electronically
and by fax. We will communicate with you by posting notices on this
site, by e-mail or by fax. You agree that all notices, disclosures,
agreements and other communications that we provide to you electronically
or by fax satisfy any legal requirements that communications be
in writing.
7. Liability Disclaimer
THE INFORMATION, PRODUCTS AND SERVICES PUBLISHED
ON THE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION SET FORTH ON THIS
WEB SITE Hotels and Discounts, ITS AFFILIATES, AND/OR THEIR RESPECTIVE
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE
AT ANY TIME.
Hotels and Discounts, ITS AFFILIATES, AND/OR THEIR
RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY
OF THE INFORMATION, PRODUCTS AND SERVICES CONTAINED ON THIS WEB
SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS AND SERVICES
ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Hotels
and Discounts, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, PRODUCTS AND/OR SERVICES, INCLUDING ALL IMPLIED WARRANTIES
AND CONDITIONS OF SALABILTY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON INFRINGEMENT.
IN NO EVENT SHALL Hotels and Discounts, ITS AFFILIATES,
AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT
OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH
THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION,
PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT,
TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF Hotels and Discounts,
ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED
OF THE POSSIBILITY OF DAMAGES.
8. Applicable Law
By visiting Hotels and Discounts, you agree that
the internal laws of the State of Florida, without regard to the
principles of conflicts of laws, will govern this agreement and
any dispute of any kind that arises between you and Hotels and Discounts
or its affiliates. You hereby agree that any dispute arising from
or relating to the use of this web site will be subject to binding
arbitration under the commercial rules of the American Arbitration
Association. The arbitration shall be conducted in Orange County,
Florida, USA before neutral arbitrators. Use of this web site is
unauthorized in any jurisdiction that does not give effect to all
provisions of this agreement, including, but not limited, to this
paragraph.
9. Modifications to This Agreement
Hotels and Discounts reserves the right to modify
or change the terms and conditions of this agreement at any time
without prior notice to you. Your use of this web site after any
modification of this agreement constitutes an acceptance of any
such modification.
10. Performance Subject to Existing Laws
Hotels and Discounts' performance of this agreement
is subject to existing laws. Nothing contained in this agreement
is in derogation of Hotels and Discounts' right to comply with law
enforcement requests or requirements relating to your use of this
web site or information provided to or gathered by Hotels and Discounts
with respect to your used of this web site
11. Severability
If any provision of this agreement is determined
to be invalid or unenforceable pursuant to applicable law by any
court of competent jurisdiction, the other provisions of this agreement
will remain in full force and effect. Any provision of this agreement
held to be invalid or unenforceable, including but not limited to
the warranty disclaimers and liability limitations set forth above,
will be deemed superseded by a valid, enforceable provision that
most closely matches the intent of the original provision.
12. Copyright and Trademark Notices
This web site is operated by, and the contents
of this web site are copyrighted 2002-2003 Hotels and Discounts.
All rights reserved. Hotels-and-Discounts.com, are trademarks and/or
service marks of Hotels and Discounts. Other product and company
names mentioned herein may be the trademarks of their respective
owners.
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