PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES THROUGH OUR SITE at www.hotelpower.com .
Www.hotelpower.com, Inc., a Florida corporation (“WWW.HOTELPOWER.COM”), DBA Www.hotelpower.com (“Www.hotelpower.com”) offers access to and use of the Internet website located at the URL (“www.hotelpower.com ”), subject to your acceptance of these terms and conditions (“Terms”). By accessing, using or obtaining any content, data, materials, information, products or services through www.hotelpower.com , you agree to accept these Terms. If you do not accept all of these Terms, then please do not visit www.hotelpower.com
APPLICABILITY OF THESE TERMS
These Terms are intended to apply to you, WWW.HOTELPOWER.COM, WWW.HOTELPOWER.COM’s affiliates and all Internet websites owned and operated by WWW.HOTELPOWER.COM and WWW.HOTELPOWER.COM’s affiliates, including, but not limited to, www.hotelpower.com .
By accessing and using www.hotelpower.com (other than to read these Terms), you agree to comply with all of the terms and conditions of these Terms, including any changes or revisions to these Terms, which WWW.HOTELPOWER.COM, in its sole discretion, may make in the future.
YOU AGREE TO READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING www.hotelpower.com . If you do not agree to these Terms, you may not access or otherwise use www.hotelpower.com .
YOUR RIGHT TO ACCESS AND USE
Your right to access and use www.hotelpower.com is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use for lawful purposes and pursuant to the terms and conditions of these Terms. You may only use www.hotelpower.com if you are at least 18 years of age and can enter into binding contracts (www.hotelpower.com is not available for use by minors).
You are responsible for maintaining the secrecy of your passwords, usernames, login and account information. You are financially responsible for all uses of by you and anyone using your password, login, username and account information.
You may only use www.hotelpower.com to make legitimate reservations or purchases. You may not use www.hotelpower.com : to make any false, fraudulent or speculative reservation or any reservation in anticipation of demand; to post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these Terms.
Your access and use of may be interrupted from time to time for any of several reasons, including, but not limited to, the malfunction of WWW.HOTELPOWER.COM’s equipment, periodic updating, maintenance or repair activities that WWW.HOTELPOWER.COM may undertake from time to time, or other actions that WWW.HOTELPOWER.COM, in its sole discretion, may elect to take.
WWW.HOTELPOWER.COM reserves the right to suspend or discontinue the availability of www.hotelpower.com for access and use at any time in its sole discretion and without prior notice to you. For example, WWW.HOTELPOWER.COM may terminate user access or suspend any user’s access to all or part of , without notice, for any conduct that WWW.HOTELPOWER.COM, in its sole discretion, believes violates any applicable law or is harmful to WWW.HOTELPOWER.COM, a travel service supplier or a third party licenser.
WWW.HOTELPOWER.COM also reserves the right to change, suspend or discontinue any aspect of at any time, including the availability of any of features, database, or Content (as defined below) and will provide reasonable notice of such changes on. WWW.HOTELPOWER.COM may also impose limits on features or restrict access to parts of www.hotelpower.com .
Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of WWW.HOTELPOWER.COM’s websites, and you agree to abide by such other terms and conditions.
YOUR REGISTRATION WITH WWW.HOTELPOWER.COM
Certain features of www.hotelpower.com are accessible only to representatives of WWW.HOTELPOWER.COM. The right to become a representative of WWW.HOTELPOWER.COM and to be issued a username or personal identification number (“PIN”) by WWW.HOTELPOWER.COM is available only to those individuals who provide to WWW.HOTELPOWER.COM the requested accurate, complete and current personal information. You must inform WWW.HOTELPOWER.COM of any changes to or updates of any personal information that you provide to WWW.HOTELPOWER.COM. You can submit changes or updates to WWW.HOTELPOWER.COM at firstname.lastname@example.org. WWW.HOTELPOWER.COM reserves the right to deny or revoke issuance of any username or PIN at any time and without prior notice.
YOUR COMPLIANCE WITH THESE TERMS
Any action by you that, in WWW.HOTELPOWER.COM’s sole discretion, violates the terms and conditions of these Terms, or restricts, inhibits or prevents any third party from accessing, using or enjoying www.hotelpower.com , or through the use of www.hotelpower.com , defames, abuses, harasses, offends or threatens any other user or third party, shall not be permitted, and may result in your loss of the right to access and use of www.hotelpower.com . You shall not provide links to or frame www.hotelpower.com without the prior express written permission of WWW.HOTELPOWER.COM.
Your Transmissions, Submissions and Postings to www.hotelpower.com
If you transmit, submit or post information to www.hotelpower.com , you automatically grant WWW.HOTELPOWER.COM the royalty-free, non-exclusive right and license to use, copy, format, adapt and publicly display such information (in whole or in part) worldwide, and/or to incorporate the same in other Content (defined below) and/or works in any form, media or technology now known or developed in the future. WWW.HOTELPOWER.COM may, in its sole discretion, edit, refuse to post or remove any information you transmit, submit or post to www.hotelpower.com .
WWW.HOTELPOWER.COM’s Intellectual Property Rights
The names “WWW.HOTELPOWER.COM” and “Www.hotelpower.comcorporate.com” and the WWW.HOTELPOWER.COM and Www.hotelpower.comcorporate.com logos and graphics are trademarks of WWW.HOTELPOWER.COM, and may not be used by you without the prior express written permission of WWW.HOTELPOWER.COM, which permission may be withheld in WWW.HOTELPOWER.COM’s sole discretion. All information, including, without limitation text, graphics, software and all HTML, CGI and other codes and scripts in any format viewable, contained in, downloadable from or used to implement www.hotelpower.com (“Content”) are the property of WWW.HOTELPOWER.COM or its licensers. All Content of www.hotelpower.com is copyright 2003, Www.hotelpower.com, Inc. and/or its suppliers. All rights reserved. WWW.HOTELPOWER.COM owns a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content. Other product and company names mentioned herein may be the trademarks of their respective owners.
Our Reservation Centers and websites, and each of their modules, together with the arrangement and compilation of the content found on www.hotelpower.com , is the copyrighted property of WWW.HOTELPOWER.COM (“WWW.HOTELPOWER.COM”) and/or its various third party providers and distributors. Much of the Content found on our websites is owned by third party providers and distributors and, specifically, certain data relating to schedules is the copyrighted work of Official Airline Guides, Inc. and other information providers. In addition, the trademarks, logos and service marks displayed on www.hotelpower.com (collectively, the “Trademarks”) are registered and common law Trademarks of WWW.HOTELPOWER.COM, its affiliates, and various third parties. Nothing contained on www.hotelpower.com should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of WWW.HOTELPOWER.COM, or such other party that may own the Trademarks. AAA trademarks and service marks, including AAA and the Diamond Ratings trademarks and service marks (“AAA Marks”), are owned by the American Automobile Association (“AAA”). As a WWW.HOTELPOWER.COM user, you may view and search the AAA Marks but are prohibited from using the AAA Marks in any non-WWW.HOTELPOWER.COM application without first obtaining AAA’s consent.
The Content on www.hotelpower.com is for personal use only. You may not copy, modify, upload, download, transmit (re)publish, or otherwise distribute any Content from www.hotelpower.com except as expressly permitted by these Terms. Doing so will violate WWW.HOTELPOWER.COM’s copyright, trademark and other proprietary rights.
Viewing, reading, printing, downloading or otherwise using the Content in accordance with these Terms does not entitle you to any ownership or intellectual property rights to the Content.
You shall be solely responsible for any damage resulting from your infringement of WWW.HOTELPOWER.COM’s intellectual property rights regarding the “WWW.HOTELPOWER.COM” and “Www.hotelpower.comcorporate.com” names, the WWW.HOTELPOWER.COM and Www.hotelpower.comcorporate.com logos and graphics, and/or the Content, and/or any other harm incurred by WWW.HOTELPOWER.COM as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of these Terms.
YOUR USE OF THE CONTENT
Without the prior written consent of WWW.HOTELPOWER.COM, you may only print, download or otherwise use the Content in the form of: (i) one machine-readable copy; (ii) one backup copy; and (iii) one print copy, for your non-commercial use; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of the Content.
Except as otherwise permitted under the copyright laws of the United States and WWW.HOTELPOWER.COM membership Terms and Conditions, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content as permitted by these Terms, is permitted by you without the express prior written permission of WWW.HOTELPOWER.COM, which permission may be withheld in WWW.HOTELPOWER.COM’s sole discretion.
WWW.HOTELPOWER.COM MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE CONTENT
The Content is being provided to you on an “as-is” basis. WWW.HOTELPOWER.COM does not make any representations, warranties or guarantees, express or implied, regarding the accuracy, correctness, or completeness of the Content, nor the safety, reliability, title, merchantability, conformity or fitness for a particular purpose of the Content. It is your sole responsibility to independently evaluate the accuracy, correctness or completeness of the Content on www.hotelpower.com .
WWW.HOTELPOWER.COM makes no representation, warranty or guarantee that the Content that may be available for downloading from www.hotelpower.com is free of infection from any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
www.hotelpower.com may contain hyperlinks to sites that WWW.HOTELPOWER.COM does not operate or control. Such links are provided for your reference only. WWW.HOTELPOWER.COM is not responsible for the contents of such websites. WWW.HOTELPOWER.COM’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with such websites. If you decide to access other websites, you do so at your own risk.
YOUR RESPONSIBILITY FOR EQUIPMENT AND RELATED COSTS
You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use www.hotelpower.com , and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of www.hotelpower.com .
WWW.HOTELPOWER.COM MAKES NO, AND WWW.HOTELPOWER.COM’S PROVIDERS MAKE, NO WARRANTY OF ANY KIND REGARDING www.hotelpower.com AND/OR ANY CONTENT, DATA, MATERIALS, INFORMATION, PRODUCTS OR SERVICES PROVIDED ON www.hotelpower.com , ALL OF WHICH ARE PROVIDED ON AN “AS IS” BASIS. WWW.HOTELPOWER.COM EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT www.hotelpower.com WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED. WE FURTHER DISCLAIM ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY CONTENT OR INFORMATION FOUND ON www.hotelpower.com . WWW.HOTELPOWER.COM EXPRESSLY DISCLAIMS AND WWW.HOTELPOWER.COM’S PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU.
LIMITATIONS ON WWW.HOTELPOWER.COM’S LIABILITY
WWW.HOTELPOWER.COM WILL NOT BE, AND WWW.HOTELPOWER.COM’S PROVIDERS WILL NOT BE, RESPONSIBLE OR LIABLE FOR (i) ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS THE RESULT OF YOUR ACCESS TO, USE OF OR BROWSING IN www.hotelpower.com OR YOUR DOWNLOADING OF ANY CONTENT, INFORMATION, MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM www.hotelpower.com OR (ii) ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (a) ANY USE OF www.hotelpower.com OR CONTENT, DATA, MATERIALS OR INFORMATION FOUND THEREIN, (b) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING), OR (c) THE PERFORMANCE OR NON PERFORMANCE BY WWW.HOTELPOWER.COM OR ANY PROVIDER, EVEN IF WWW.HOTELPOWER.COM HAS BEEN OR A PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
If, despite the limitation above, WWW.HOTELPOWER.COM or a provider is found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described in the limitation above, then our liability and the providers’ liability will in no event exceed, in total, the sum of US$250.00. Some states do not allow the limitation of liability, so the limitations above may not apply to you.
YOU MUST INDEMNIFY WWW.HOTELPOWER.COM
You shall defend, indemnify and hold harmless WWW.HOTELPOWER.COM and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of these Terms by you; (ii) your failure to provide accurate, complete and current personal information requested pursuant to registration; (iii) your access or use of www.hotelpower.com ; and/or (iv) access or use of www.hotelpower.com under any login, username or password that may be issued to you.
THIRD PARTY RIGHTS UNDER THESE TERMS
These Terms are for the benefit of WWW.HOTELPOWER.COM and WWW.HOTELPOWER.COM’s affiliates, each of which shall have the right to enforce and assert the terms and conditions of these Terms directly against you on behalf of WWW.HOTELPOWER.COM.
AMENDMENTS OF THESE TERMS
WWW.HOTELPOWER.COM reserves the right to amend these Terms at any time in its sole discretion and without notice. Changes, revisions or deletions with regard to these Terms shall be effective immediately upon their inclusion in, or deletion from, these Terms, and the posting of the same in these Terms on www.hotelpower.com .
You are encouraged to revisit the Terms at www.hotelpower.com from time to time in order to review any changes that have been made. Your continued access and use of www.hotelpower.com following the posting of any such changes shall automatically be deemed your acceptance of the same.
TERMINATION OF THESE TERMS
You may terminate or opt out of these Terms at any time by contacting WWW.HOTELPOWER.COM at email@example.com. Termination or opting out of these Terms by you shall result in your loss of the right to access and use www.hotelpower.com .
WWW.HOTELPOWER.COM may terminate these Terms or any login, username or password that may be issued to you, at any time, without prior notice, for any reason, or for no reason, which shall not be required to be disclosed to you. Such termination shall not affect any right to relief to which WWW.HOTELPOWER.COM and its third party providers and distributors may be entitled, at law or in equity. Upon termination of these Terms, all rights granted to you will terminate and revert to WWW.HOTELPOWER.COM and its third party providers or distributors, as applicable.
ARBITRATION AND GOVERNING LAW
In the event of a dispute between You and WWW.HOTELPOWER.COM, You and WWW.HOTELPOWER.COM agree that a prompt and fair resolution, without the time and expense of formal court proceedings, would be in both parties’ mutual interests. Except as expressly provided in the following section titled “Injunctive Relief”, all disputes shall be submitted to final and binding arbitration to be conducted in Orange County, Florida, or a location closest to Orange County, Florida if no such location for the chosen arbitration body exists there. MANDATORY ARBITRATION REPLACES THE RIGHT OF EITHER PARTY TO GO TO COURT AND DEMAND A JURY TRIAL. The party filing the arbitration must choose one of the following three arbitration firms and follow its rules and procedures for initiating and pursuing an arbitration:
- American Arbitration Association, 335 Madison Avenue, Floor 10, New York, NY 10017-4605 (phone: 800-778-7879) (http://www.adr.org)
- National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405-0191 (phone: 800-474-2371) (http://www.arb-forum.com)
- JAMS, 1920 Main Street, Suite 300, Irvine, CA 92614 (phone: 949-224-1810) (http://www.jamsadr.com)
In the event that the selected firm cannot administer the arbitration, the party filing the arbitration will select another of the firms. Each party will bear its own expenses, and the parties will share equally the filing and other fees of the arbitration firm and the expenses of the arbitrator, except that the arbitrator will be entitled to award a different allocation of costs and fees where the arbitrator determines that a filed claim is frivolous.
The arbitrator will not have the power to award punitive damages or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. Any award in arbitration initiated under this clause will be limited to monetary damages and will include no injunction or direction to any party other than the direction to pay a monetary amount, except as required by statute or to comply with the terms of the contract. Any award rendered by the arbitrator will be final and binding upon each of the parties, and judgment thereon may be entered in any court having jurisdiction thereof. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
During the pending of such arbitration and until final judgment thereon has been entered, these Terms will remain in full force and effect unless otherwise terminated as provided hereunder. If a provision of this clause is held to be invalid, the remainder of the clause will remain in full force and effect, and, to this end, the provisions of this clause are severable.
These Terms and all transactions between you and WWW.HOTELPOWER.COM shall be governed by, and construed and enforced in accordance with, the internal laws of the State of Florida, without regard to principles of conflicts of laws.
You acknowledge that a violation, attempted violation, or threatened violation of any of these Terms will cause such damage to WWW.HOTELPOWER.COM as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that WWW.HOTELPOWER.COM shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these Terms by you, as well as recover from you any and all costs and expenses sustained or incurred by WWW.HOTELPOWER.COM in obtaining such an injunction, including, without limitation, reasonable attorney’s fees. You agree that no bond or other security shall be required in connection with such injunction.
For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such violation, attempted violation, or threatened violation shall be brought in the courts of record of Orange County, Florida, or the United States District Court, Middle District of Florida. You consent to the jurisdiction of such court and waive any objection to the laying of the venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
If any portion of these Terms is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms that is unlawful, void or unenforceable shall be stricken from these Terms.
The headings contained in these Terms are for convenience of reference only, are not to be considered a part of these Terms, and shall not limit or otherwise affect in any way the meaning or interpretation of these Terms.
All covenants, agreements, representations and warranties made in these Terms, as may be amended by WWW.HOTELPOWER.COM from time to time, shall survive your acceptance of these Terms and the termination of these Terms.
These Terms represent the entire understanding and agreement between you and WWW.HOTELPOWER.COM regarding the subject matter of these Terms, and supersedes all other previous agreements, understandings and/or representations regarding the same.
YOUR QUESTIONS, COMMENTS & COMPLAINTS
WWW.HOTELPOWER.COM encourages you to provide WWW.HOTELPOWER.COM with feedback regarding these Terms. If you have questions, comments or concerns regarding these Terms, please contact firstname.lastname@example.org