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Website
Terms of Use
Welcome
to this Days Inns Worldwide, Inc. Web site (this "Web
Site"). Days Inns Worldwide, Inc. provides this Web Site
subject to the following terms of use (these "Terms").
These Terms explain a contractual agreement between you
("User," "You," "Your") and Days
Inns Worldwide, Inc. ("We," "Us,"
"Our") regarding Your use of this Web Site. You should
print a copy of these Terms for Your records. Please note,
however, that We may update and amend these Terms from time to
time.
1. WHAT YOU SHOULD KNOW
The goal of this Web Site is to provide You with access to
information about Our hotel chain's facilities, services,
products, and related links to meet Your needs (the
"Content"). The Terms are meant to protect all of Our
visitors to this Web Site, and Your access to and use of this
Web Site signifies Your agreement with these Terms. DO NOT USE
THIS WEB SITE IF YOU DO NOT AGREE WITH THESE TERMS. We reserve
the right, in Our sole discretion, to modify, alter or otherwise
update these Terms at any time. Such modifications, alterations,
and updates shall be effective immediately upon posting. You
agree to be bound by such modified, altered, and updated Terms
if You access or use this Web Site after We have posted notice
of such modifications, alterations or updates.
Consistent with Our goals, this Web Site will permit You to link
to many other Web sites that may or may not be affiliated with
this Web Site and/or with Us. The other linked Web sites have
different terms of use that are not the same as these Terms.
Your access to and use of such linked Web sites through links
provided on this Web Site is governed by the terms of use and
policies of those sites, not this Web Site.
2. PRIVACY
Registration data and certain other information about You is
subject to our Privacy Policy. For more information, please
review Our Privacy Policy.
3. USE OF THIS WEB SITE
We control and operate this Web Site. All Content on this Web
Site, including, but not limited to, text, images,
illustrations, audio clips, and video clips, is protected by
copyrights, trademarks, service marks, and/or other intellectual
property rights (which are governed by United States and
worldwide copyright laws and treaty provisions, privacy and
publicity laws, and communication regulations and statutes). The
Content is owned and controlled by Us or Our affiliates, or by
third party content providers, merchants, sponsors and licensors
(collectively the "Providers") that have licensed
their content or the right to market their products and/or
services to Us. Content on this Web Site or any Web site owned,
operated, licensed or controlled by the Providers is solely for
Your personal, non-commercial use. You agree to abide by all
additional copyright notices, information, or restrictions
contained in any Content. You may download a single copy of any
Content contained on this Web Site, solely for Your personal,
non-commercial use, consistent with these Terms, provided that
You maintain all copyright and other notices contained in such
Content.
You may not copy, reproduce, republish, upload, post, transmit,
distribute, and/or exploit the Content in any way (including by
e-mail or other electronic means) for commercial use without the
prior written consent of Us or the Providers. You may request
consent by faxing a request to Cendant's Legal Department at
973.496.5331. Your modification of the Content, use of the
Content on any other Web site or networked computer environment,
or use of the Content for any purpose other than personal,
non-commercial use, without the prior written consent of Us or
the Providers, violates the intellectual property rights and
proprietary rights of the Content owners and is prohibited.
You may not use on Your Web site any registered or unregistered
trademarks, service marks or copyrighted materials appearing on
this Web Site, including but not limited to any logos or
characters, without the express written consent of the owner of
the mark or copyright. You may not frame, deep link, or
otherwise incorporate into another Web site any of the Content
or other materials on this Web Site without Our express prior
written consent. .
Violation of trademark and copyright laws may result in
significant civil liability or criminal penalties under United
States and/or worldwide copyright and trademark laws. You
recognize that any reproduction or use of Content, except as
authorized by these Terms, is considered intentional
infringement.
4. USER'S RESPONSIBILITIES
You warrant and represent to Us that You will not use this Web
Site for any purpose that is unlawful or prohibited by these
Terms, including without limitation the posting or transmitting
any threatening, libelous, defamatory, obscene, scandalous,
inflammatory, pornographic, or profane material. If You violate
any of these Terms, Your permission to use this Web Site
immediately terminates without the necessity of any notice. We
retain the right to deny access to anyone at Our discretion for
any reason, including for violation of these Terms.
You are solely responsible for Your Information, and We act as a
passive conduit for Your online distribution and publication of
Your Information. As used in these Terms,
"Information" means any information or data that You
submit to this Web Site and any information or data that is
generated by this Web Site as a result of Your use of this Web
Site.
In the event that You are provided with User identification
numbers or codes (collectively, "ID's"), confirmation
numbers, and/or passwords (as applicable) in the use of this Web
Site, You shall maintain such User ID's, confirmation numbers,
and/or passwords in confidence and You agree not to distribute
or disclose the same to third parties. It is Your responsibility
to notify Us if We need to change or discontinue any of Your
ID's, confirmation numbers, or passwords. It is also Your
responsibility to immediately request discontinuation of an ID,
confirmation number, or password upon Your knowledge or belief
that such ID, confirmation number, and/or password is, or may be
subject to, a breach of confidentiality. We may suspend or
terminate Your service or access to this Web Site if We believe
a breach of these Terms has occurred.
You agree to provide true, accurate, current and complete
Information. If You provide any Information that is untrue,
inaccurate, not current or incomplete (or We have reasonable
grounds to suspect that such Information is untrue, inaccurate,
not current or incomplete), We have the right to suspend or
terminate Your access and activity, and refuse any and all
current or future use, of this Web Site.
5. PROHIBITED ACTIVITIES
You are specifically prohibited from any use of this Web Site,
and You agree not to use or permit others to use this Web Site,
for any of the following: (a) take any action that imposes an
unreasonable or disproportionately large load on the Web Site's
infrastructure, including but not limited to "spam" or
other such unsolicited mass e-mailing techniques; (b) disclose
to, or share with, the assigned confirmation numbers and/or
passwords with any unauthorized third parties or using the
assigned confirmation numbers and/or passwords for any
unauthorized purpose; (c) attempt to decipher, decompile,
disassemble or reverse engineer any of the software or HTML code
comprising or in any way making up a part of this Web Site; (d)
upload, post, emailing or otherwise transmitting any
Information, Content, or proprietary rights that You do not have
a right to transmit under any law or under contractual or
fiduciary relationships; (e) violating any applicable local,
state, national or international law, including, but not limited
to, any regulations having the force of law; and, (f) using any
robot, spider, intelligent agent, other automatic device, or
manual process to search, monitor or copy Our Web pages, or the
Content without Our prior written permission, provided that
generally available third party Web browser such as Netscape
Navigator® and Microsoft Internet Explorer® may be used
without such permission.
6. INFORMATION POSTED TO WEB SITE
With respect to all Information You elect to post to publicly
accessible areas of the Web Site, You agree that We have the
right to use, reproduce, modify, publish, perform and display
such Information (in whole or part) worldwide; provided that
such use is subject to the terms of Our Privacy Policy.
You acknowledge and agree that We may preserve Information and
may also disclose Information if required to do so by law or in
the good faith belief that such preservation or disclosure is
reasonably necessary to: (a) comply with legal process; (b)
enforce the Terms; (c) respond to claims that any Information
violates the rights of third-parties; or (d) protect the rights,
property, or personal safety of Our business, employees,
Providers, affiliates, users, and/or the public.
7. LINKS TO THIRD PARTY SITES
This Web Site may contain links to third-party Web sites not
under Our control or operation (the "Linked Sites").
The links will let You leave this Web Site, and You access them
at Your own risk. You acknowledge that We provide the Linked
Sites for Your convenience and information only. We do not
endorse nor are We responsible for any content, information, or
other related materials found at any such Linked Sites or any
links contained within such Linked Sites, whether or not We are
affiliated with the owners of such Linked Sites. You may not
establish a hyperlink to this Web Site or provide any links that
state or imply any sponsorship or endorsement of Your Web site
by Us or the Providers.
8. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through this Web Site,
including payment and delivery of related goods or services, and
any other terms, conditions, warranties, or representations
associated with such dealings are solely between You and such
advertiser. You agree that We (and the Providers) shall neither
be responsible nor liable for any loss or damage incurred by You
as the result of any such dealings or as the result of the
presence of such advertisers on this Web Site.
9. NO WARRANTIES
ALL CONTENT ON THIS WEB SITE IS PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER
THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO
THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION,
RESTRICTION, OR MODIFICATION, WE DISCLAIM ANY AND ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
NEITHER WE, OUR AFFILIATED OR RELATED ENTITIES, NOR THE
PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION,
AND DISTRIBUTION OF THIS WEB SITE, WARRANT THAT THE FUNCTIONS
CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES
THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS
PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. WE DO
NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE
RELIABILITY, ACCURACY OR CURRENCY OF ANY CONTENT, SERVICE,
AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEB
SITE.
WE ARE A DISTRIBUTOR AND NOT A PUBLISHER. WE HAVE NO MORE
EDITORIAL CONTROL OVER SUCH INFORMATION AND CONTENT THAN DOES A
PUBLIC LIBRARY OR NEWSSTAND. ANY OPINIONS, ADVICE, STATEMENTS,
SERVICES, OFFERS, OR OTHER INFORMATION EXPRESSED OR MADE
AVAILABLE BY THIRD PARTIES (INCLUDING IN THE LINKED SITES) ARE
THOSE OF THE RESPECTIVE AUTHORS OR DISTRIBUTORS OF SUCH CONTENT.
YOU USE THIS WEB SITE AT YOUR OWN RISK. YOU (AND NOT US) ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING (INCLUDING WITHOUT
LIMITATION YOUR INTERNET CONNECTION) AND REPAIR OR CORRECTION OF
YOUR SYSTEM.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE NOR OUR AFFILIATED OR RELATED ENTITIES
(INCLUDING PROVIDERS), NOR ANY OF OUR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES OR AGENTS, NOR ANY PERSON OR ENTITY
INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS
WEB SITE, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL,
SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES WHETHER ARISING UNDER
CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER
THEORY OF LIABILITY, REGARDLESS OF WHETHER WE KNEW OR SHOULD
HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT
LIMITATION FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY
OTHER LINKED SITE.
OUR LIABILITY, AND THE LIABILITY OF OUR PROVIDERS, TO YOU OR ANY
THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF
(A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO
THE ACTION GIVING RISE TO LIABILITY, OR (B) $500. Some states do
not allow for the limitation of liability, so the foregoing
limitation may not apply to You.
BY WAY OF EXAMPLE ONLY, WE AND RELATED PERSONS AND ENTITIES
SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE
ARISING FROM: FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER
VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION
OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF CONTENT,
INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB
SITE. MOREOVER, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE ARE
NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE, OR
ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.
The limitation of liability reflects the allocation of risk
between the parties. The limitations specified in this Section
10 will survive and apply even if any limited remedy specified
in these Terms is found to have failed of its essential purpose.
The limitations of liability provided in these Terms inure to
the benefit of Us and the Providers, and to all respective
officers, directors, employees, representatives, attorneys, and
agents.
11. GOVERNING LAW AND JURISDICTION
We operate this Web Site (excluding Linked Sites) from Our
offices within the States of New Jersey and New York. It can be
accessed from all 50 states, as well as from other countries
around the world. As each of these places has laws that may
differ from those of New Jersey and New York, by accessing this
Web Site, You agree that these Terms and Your use of the Web
Site shall be governed in all respect by the internal
substantive laws of the State of New Jersey, without regard to
conflict of laws provisions and shall not be governed by the
United Nations Convention on the International Sale of Goods.
You further submit to exclusive jurisdiction and venue in the
state and federal courts located in the State of New Jersey for
all disputes, cases and controversies regarding this Web Site,
Your use of this Web Site, and Your relationship with Us. We
make no representation that materials on this Web Site are
appropriate or available for use in other locations, and
accessing them from territories where the Content is illegal is
prohibited. Those who choose to access this Web Site from other
locations do so at their own risk and are responsible for
compliance with local laws, including laws regarding the
transmission of technical data exported from the United States
or the country in which You reside.
12. INDEMNIFICATION
We reserve the right to report any wrongdoing, if and when We
become aware of it, to any applicable government agencies. You
agree to indemnify, defend and hold Us and the Providers, Our
and their officers, directors, employees, affiliates, agents,
licensors, and suppliers harmless from and against any and all
claims, demands, actions, costs, liabilities, losses and damages
of any kind (including attorneys' fees) resulting from Your use
of this Web Site, Your breach of any provision of these Terms
and/or any negligent acts, omissions or intentional wrongdoing
by You. Any such indemnification shall be conditioned on Our:
(a) notifying You in writing of any such claim, demand, action,
cost, liability, loss or threat of any thereof; (b) cooperating
with You in the defense or settlement thereof; and (c) allowing
You to control such defense or settlement. We shall be entitled
to participate in such defense at Our own cost and expense.
13. MESSAGE BOARDS
In the event that We provide message boards or discussion forums
on this Web Site (the "Forums"), You agree to use the
Forums only in a noncommercial manner. You shall not, without
our express approval, distribute or otherwise publish any
material containing any solicitation of funds, advertising, or
written solicitation for goods and services. You agree that any
uploaded materials may be republished without compensation to
You or any other person or entity. In addition, You warrant that
all moral rights in any uploaded materials have been waived.
While We do not and cannot review every message posted by You or
any other User in the Forums, and although We are not
responsible for these messages, We reserve the right (but not
the obligation) to delete, move, or edit messages that We, in
our sole discretion, deem abusive, defamatory, obscene, in
violation of copyright or trademark laws, or otherwise
unacceptable. We do not endorse any Information posted on this
Web Site.
You agree that You must evaluate, and bear all risks associated
with, the use of any messages, Information, or Content,
including any reliance on the accuracy, completeness, or
usefulness of such messages, Information, or Content. In this
regard, You acknowledge that You may not rely on any Content We
create or information submitted to Us by third parties,
including without limitation, information in the Forums, and in
all other parts of this Web Site.
14. OTHER GENERAL PROVISIONS
These Terms are for the benefit of Us and the Providers, Our and
their officers, directors, employees, affiliates, agents,
licensors, and suppliers. Each of these individuals or entities
shall have the right to assert and enforce these Terms directly
against You on its (or their own) behalf. Our failure to act
with respect to a breach by You or others does not waive Our
right to act with respect to subsequent or similar breaches.
If any provision of these Terms is held to be invalid or
unenforceable, such provision will be struck and the remaining
provisions enforced. Headings are for reference purposes only.
You and We are dealing at arms' length, creating a commercial
relationship. We are not Your Agent or Your fiduciary. All of
Our hotel chain's hotels and facilities are independently owned
and operated by independent franchisees and licensees. They
manage and operate the facilities, and they are the employers of
all employees and contractors who work at the facilities. These
franchisees are independent contractors, and no agency,
partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created by
these Terms.
The provisions and conditions of these Terms, and each
obligation referenced herein, represent the entire Agreement
between Us (including the Providers), Our affiliated or related
entities, and You, and supersede any prior agreements or
understandings not incorporated herein. In the event that any
inconsistencies exist between these Terms and any future
published terms of use or understanding, the last published
Terms shall prevail.
WE RESERVE ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THESE
TERMS.
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