|IMPORTANT: READ CAREFULLY
agreement (the "Agreement") between you, the user, and ELG Hospitality
Incorporated, dba Inns.com.
RIGHTS, RESPONSIBILITIES. Inns.com grants you a non-transferable, non-exclusive
license to access this website and to view and download information contained
at this website (collectively, the "Site"), solely for your own
personal, non-commercial use, subject to your ongoing compliance with all
terms of this Agreement. You agree to be responsible for all access of this
Site by your equipment or account, whether by you or others. You are also
solely responsible for providing and maintaining all equipment, software
and services needed to access and use the Site. You agree not to use the
Site for any unlawful purpose. You agree not to rent, retransmit, disclose,
publish, sell, assign, lease, sublicense, market, or transfer the Site or
use it in any manner not expressly authorized by this Agreement. You agree
not to copy, reverse engineer, translate, port, modify or make derivative
works of the Site. You agree not to use the Site to operate a service bureau
or for any other use involving the processing of data of other persons or
entities. You do not receive any, and Inns.com retains all, ownership rights
in the Site. AntiSpam Policy - Inns.com strictly prohibits advertisers from
sending unsolicited mass emails or spam. Any member using spamming techniques
for soliciting referrals will be immediately terminated. In addition, their
mailing address will be ineligible for opening a new membership account.
- EXCLUSION OF WARRANTY, LIABILITY. The Site is provided to you on an "AS
IS" and "WITH ALL FAULTS" basis. You assume the entire risk of
loss in using the site due to inaacuracies, omissions, errors or other defects
on the site . . Inns.com and its suppliers do not warrant that the Site will
meet your needs or expectations, that the Site will be error free or uninterrupted,
that errors can or will be corrected, that the Site is reliable or timely, or
that any information on the Site will provide any particular results or usefulness.
Inns.com and its suppliers reserve the right to make changes and improvements
to, or discontinue, the Site or any part thereof. Further, Inns.com does not
represent that the Site is appropriate or authorized for use in all countries,
states, counties or other jurisdictions; accordingly, you are responsible for
compliance with all applicable laws in accessing the Site. Inns.com reserves
the right to list any property which, in Inns.com's sole judgment, meets the
general requirements of being an “independent property.”
INNS.COM AND ITS SUPPLIERS MAKE AND YOU RECEIVE NO WARRANTY, WHETHER EXPRESS
OR IMPLIED, AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY EXCLUDED
AND DISCLAIMED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY,
TITLE, NON-INFRINGEMENT, AND FITNESS FOR ANY PARTICULAR PURPOSE.
IN NO EVENT SHALL INNS.COM OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES, CLAIM
OR LOSS INCURRED BY YOU (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL,
DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOST PROFITS,
LOST SALES OR BUSINESS, EXPENDITURES, INVESTMENTS, OR COMMITMENTS, LOSS OF ANY
GOODWILL, OR DAMAGES RESULTING FROM LOST, DAMAGED OR MISAPPROPRIATED DATA, INABILITY
TO USE DATA, DELAYS, INTERRUPTIONS, OR COMPUTER VIRUSES), IRRESPECTIVE OF WHETHER
INNS.COM OR ITS SUPPLIERS HAVE BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN
OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF
ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH
OF WARRANTY, DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND
OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS. IF THE WARRANTY EXCLUSION OR LIMITATION
OF LIABILITY SET FORTH IN THIS AGREEMENT SHALL FOR ANY REASON WHATSOEVER BE
HELD UNENFORCEABLE OR INAPPLICABLE, USER AGREES THAT INNS.COM AND ITS SUPPLIERS'
LIABILITY SHALL NOT EXCEED $1 U.S. Some states do not allow the exclusion or
limitation of incidental or consequential damages or the limitation of duration
of an implied warranty, so the limitation or exclusion herein may not apply
to you. This warranty shall not be applicable to the extent that any provision
of this warranty is prohibited by any federal law, or by any state or local
law that cannot be preempted. This warranty gives you specific legal rights,
and you may also have other rights which vary from state to state.
- SUBMITTED INFORMATION. You agree not to submit to the Site any information
that infringes upon or violates the privacy, rights, trademarks, copyrights
or other intellectual property rights of others, anything that is illegal, defamatory,
obscene, harassing, offensive, objectionable or sexually explicit, that encourages
a violation of the law, that contains a virus, that is off-topic, or, without
Inns.com's permission, that contains any solicitation or advertising. You agree
to indemnify and hold harmless Inns.com from any damages and costs, including
without limitation court costs and attorneys' fees, arising from your use of
the Site. By submitting information to the Site, you grant Inns.com the royalty-free,
perpetual, irrevocable, non-exclusive right to use, edit, copy, modify, adapt,
combine, incorporate, publish, publicly perform, translate and distribute all
or part thereof in any form and for any purpose whatsoever, and you also permit
other users of the Site to use that information subject to the rules of the
Site. Inns.com shall have the right, but not be obligated to, monitor the Site
to determine users' compliance with this Agreement and applicable laws. Inns.com
shall have the right in its sole discretion to not publish or remove any submitted
- THIRD PARTY INFORMATION. The Site may contain information submitted by third
parties, including without limitation users and suppliers, and may also contain
links to third party sites. Those third parties are solely responsible for the
content, accuracy and originality of the information they submit. Inns.com has
no more control over such third party content than does a public library, newsstand,
or bookstore, and Inns.com is not responsible for such third party content.
Inns.com does not evaluate or endorse any third party information. It is your
responsibility to evaluate all information provided on the Site, or to obtain
specific professional advice.
- COPYRIGHT, TRADEMARKS. This Site compilation and all portions authored by
Inns.com are Copyright © 1996-2008 ELG Hospitality Incorporated, dba Inns.com,
Austin, Texas. All rights reserved. Portions of the Site authored by third
parties who have licensed their material to Inns.com are owned by those respective
third parties. You agree not to alter or remove any copyright notice or proprietary
legend at Site.
Inns.com, BedandBreakfast.com, Inns&Outs, The Bed&Breakfast Club, The
Bed&Breakfast Channel, InnKeepersOnly, and RezOvation are trademarks or
registered trademarks of ELG Hospitality. Other products or names may be the
trademarks of their respective owners.
- MISCELLANEOUS. This is the exclusive and entire Agreement between Inns.com
and you regarding its subject matter. You may not assign any part of this Agreement
without Inns.com's prior written consent. This Agreement shall be governed by
the internal laws of Colorado without reference to choice of law principles.
Inns.com may terminate or restrict your use of the Site at any time without
notice if Inns.com believes you have not fully complied with this Agreement.
Further, either party may terminate this Agreement at any time without cause;
upon termination for any reason, your obligations under this Agreement shall
continue, except that you agree to no longer access or use the Site. You consent
to exclusive jurisdiction and venue in the courts of Jefferson County, Colorado
for all matters arising out of or related to this Agreement or the Site. You
understand that Inns.com may comply with law enforcement requests or subpoenas
regarding your use of the Site. Inns.com reserves the right to modify the terms
of this Agreement at any time by posting the new terms on the Site, which modifications
shall take place immediately. No waiver by either party of any breach or default
hereunder shall be deemed to be a waiver of any prior or subsequent breach or
default. If any provision of this Agreement is declared invalid or unenforceable,
the remaining provisions of this Agreement shall remain in effect and the invalid
or unenforceable provision shall be replaced by a valid, enforceable provision
that effectuates the intent of the original provision. Inns.com's suppliers,
licensors, affiliates, subsidiaries, employees and agents shall be third party
beneficiaries of Inns.com's rights under this Agreement. All rights not granted
expressly by this Agreement are reserved.
- COMMERCIAL COMPUTER SOFTWARE. All software and data on the Site is a "commercial
item," as that term is defined at 48 C.F.R. 2.101 (Oct. 1995) consisting
of "commercial computer software" and "commercial computer documentation,"
as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48
C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S.
Governmental users acquire the information with only those license rights set
forth herein. The Site and all portions are Copyright © 1996-2008 ELG Hospitality
Incorporated, dba Inns.com, Austin, Texas. UNPUBLISHED. ALL RIGHTS RESERVED
UNDER THE COPYRIGHT LAWS OF THE UNITED STATES.
- SPECIAL PROVISIONS FROM LICENSORS. All information provided by third party
licensors falls under Section 2 guidelines above and by using those services
you agree to the clauses as found in Section 2. Where warranties differ, a separate
disclaimer/license will appear on the third party licensor supplied pages. Use
of those pages constitutes acceptance of both the Section 2 license above and
the third party licensor's disclaimer/license.
- RESERVATIONS SERVICE. You represent and warrant that you are of legal age
to enter into this Agreement and use the Site pursuant to this Agreement, and
that the information you submit will be true and accurate. You agree to pay
for all goods and services that you, or others using your account, order through
the Site, and to pay any taxes levied on your use of the Site or your transactions
on the Site, except for those based on Inns.com's annual net income. Additional
terms and conditions may apply to your purchase via the Site of goods and services
from third parties, and you agree to fully comply with those third parties'
terms and conditions.
your account information, and any other information that is personally identifiable,
is of utmost importance. Personally identifying information from users is collected
only when the user fills out the registration form, or in other site locations
when users knowingly submit such information to Inns.com (for example, when
purchasing goods or services, such as making travel reservations). When you
obtain services or purchase goods from the Site - for example, booking a reservation
at an inn - the information you submit is provided to the inn, travel agent,
airline, car rental company, or other third party supplier in order to successfully
provide you with the services or goods you have ordered.
We may disclose to third parties certain aggregate information contained in
your registration data or related data, provided that, such information will
not include personally identifying information, except as specifically authorized
by you or in the good faith belief that such action is reasonably necessary
to comply with the law, legal process, or to enforce the Agreement.
Inns.com may send you emails regarding special offers available or other useful
information. If you do no wish to receive these emails, you may send us an email
asking not to receive emails.
from the Site that is stored on your hard drive. Cookies save you time because
you do not need to manually reenter the information stored on your hard drive.
Cookies also help Inns.com upgrade the Site by showing when and how users utilize
Cookies do not by themselves contain any personally identifying information,
but may be combined by Inns.com with other personally identifying information
already submitted. Some third parties on the Site (such as advertisers) may
send cookies to your hard drive, and such third party cookies are subject to
the policies of those third parties.
Your web browser in its default mode probably accepts cookies from this Site
and all others. If you wish, you can usually change the setting so that cookies
are not accepted by your browser. However, the Site may not function correctly.
Third Party Advertising
We may use third-party advertising companies to serve banner ads when you visit
our Website. These companies may use information (not including your name, address,
email address or telephone number) about your visits to this and other Websites
in order to provide advertisements on this site and other sites about goods
and services that might be of interest to you.
Third Party Cookies: In the course of serving advertisements to this site,
our third-party advertiser may place or recognize a unique cookie on your browser.