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Terms
of Use
- As
provided by HotelsDisneyland.com affiliate partner (Lodging.com)
PLEASE
READ THESE TERMS OF USE ("Terms") CAREFULLY BEFORE USING
THIS SITE (the "Site").
THE
SITE
Lodging.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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