THESE TERMS AND CONDITIONS OF USE GOVERN YOUR USE OF THIS WEB SITE. ANY USER OF THIS WEB SITE (“YOU” OR “YOUR”) MUST ACCEPT THESE TERMS AND CONDITIONS WITHOUT CHANGE. BY ACCESSING THIS WEB SITE AND THE SERVICES OFFERED THROUGH IT, YOU ARE INDICATING YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND ALL RELATED POLICIES AND GUIDELINES (TOGETHER “TERMS”). THESE TERMS ARE SUBJECT TO CHANGE BY WESTMONT HOSPITALITY GROUP AT ANY TIME IN ITS SOLE DISCRETION. ANY CHANGES WILL BE EFFECTIVE UPON THE POSTING OF THE REVISIONS OF THE WEB SITE. YOUR USE OF THE WEB SITE WILL BE SUBJECT TO THE MOST CURRENT VERSION OF THE TERMS POSTED. PLEASE CONSULT THESE TERMS REGULARLY. IF YOU DO NOT AGREE TO THESE TERMS (OR ANY UPDATES), PLEASE IMMEDIATELY DISCONTINUE YOUR USE OF THE WEB SITE. PLEASE NOTE THAT ANY ON-LINE ACTIVITY OR TRANSACTIONS ON THIS WEB SITE ARE RESTRICTED TO INDIVIDUALS WHO ARE THE AGE OF MAJORITY IN THEIR PROVINCE OF RESIDENCE.
1. Access to this Web site
To access this Web site or any of the available information, service, products and other resources available through it (together “Resources”) you may be asked to provide certain registration details or other information. All information you provide to this Web site must be correct, current and complete. Westmont Hospitality Group may refuse you access to this Web site and any of its Resources or suspend or terminate your account for any reason at its sole discretion, including where Westmont Hospitality Group believes you have violated these Terms. You agree that Westmont Hospitality Group shall not be liable to you or to any other person as a result of such suspension or termination. You agree to be responsible for: (a) maintaining the confidentiality of any passwords/account identifiers, and (b) all activities that occur under such password or account.
2. Restrictions on use
The Resources available through the Web site is the property of Westmont Hospitality Group, its affiliates, partners, or its licensors, and is protected by copyright, trademark, and other intellectual property laws. Information received through the Westmont Hospitality Group Web site may be displayed, reformatted, and printed for your internal non-commercial business use only. No information, materials, images, or data contained herein may otherwise be reproduced, except in compliance with applicable copyright laws. You may not use the Web site or any of its Resources for any other purposes, including any commercial purposes without Westmont Hospitality Group’s express prior written consent. In addition you may not hyperlink or frame this Web site without the prior written consent of Westmont Hospitality Group.
You agree that you will not, in any way, modify, move, add to, delete or otherwise tamper with the information contained in the Westmont Hospitality Group Web site, nor will you de-compile, reverse engineer, disassemble or unlawfully use or reduce any of the software, copyrighted or trademarked material, trade secrets, or other proprietary information contained in the Westmont Hospitality Group Web site.
3. Third party information and Hyperlinks
Although Westmont Hospitality Group monitors the information in the Westmont Hospitality Group Web site, some of the information is supplied by independent third parties. While Westmont Hospitality Group makes every effort to insure the accuracy of all information at the Westmont Hospitality Group Web site, Westmont makes no warranty as to the accuracy of any such information.
The Westmont Hospitality Group Web site contains links that will let you access other Web sites. These sites are not under the control of Westmont, the links are only provided as a convenience and Westmont does not endorse any of these sites. Westmont assumes no responsibility or liability for any material that may reside in any other Web site accessed through this Web site or another of Westmont Hospitality Group Web sites, nor does Westmont make any representation regarding the quality of any product or service contained at any such site.
4. Personal Information
Personal Information collected through this Web site is used and disclosed in accordance with the terms of our Privacy Policy, which is incorporated into these Terms.
5. Trade-mark
The trademarks, logos and service marks and trade dress displayed on this Web site (collectively, the “Trademarks”) are registered and common law Trademarks of individual hotel brands, Westmont, Westmont Hospitality Group Hotels, its affiliates and various third parties. Westmont Hospitality Group®, E-Newsletter Name®, Best Western®, Choice Hotels®, Comfort Inn®, Delta Hotels®, Hilton®, Holiday Inn®, Holiday Inn Express®, Les Suites®, Quality®, Quality Suites®, Radisson Hotels®, Sheraton®, Travelodge® and other Westmont Hospitality Group Hotels’ logos and product and service names are trademarks of Westmont Hospitality Group Hotels. Any reproduction or use of any of the contents of this Web site without the express written consent of Westmont Hospitality Group is prohibited. Nothing contained on this Web site 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 Westmont Hospitality Group or such other party that may own the Trademarks.
6. Copyright
The Resources at this Web site are copyrighted and any unauthorized use of any Resources may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Web site or the services automatically terminates and you must immediately destroy any downloaded or printed materials. This Web site is the copyrighted property of Westmont Hospitality Group and/or its various third party providers and distributors. The Web site and the content provided may not be copied, reproduced, republished, uploaded, posted, modified, transmitted or distributed without the written permission of Westmont Hospitality Group, except that: You may download, display and print one copy of the materials presented on this Web site on a single computer for Your personal, non-commercial use only. Unauthorized use of this Web site’s content and/or the materials contained on this Web site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other web site or in any environment of networked computers is strictly prohibited.
7. Indemnification
You shall indemnify and forever save harmless Westmont Hospitality Group, its partners, affiliates and suppliers and each of their respective directors, officers, employees, consultants, agents and suppliers from and against any and all claims, demands, actions, suits, losses, costs, charges, expenses, damages and liabilities, (including legal fees) which may be incurred by reason of or in connection with your use of this Web site, from your breach of any Terms herein, or from any such acts arising through your use of any Resources provided through this Web site.
8. Disclaimer of Warranty
(a) Information, products and services provided on as-is basis
You acknowledge that you are using this Web site at your own risk. This Web site is operated by Westmont Hospitality Group. The Hotels listed in this Web site are managed by Westmont Hospitality Group. The Information contained herein is provided “as is” based on information from individual hotels and is made without warranties of any kind, either express or implied. The accuracy and completeness of the information, without limitation, any information related to prices or availability, rests solely with the individual hotels. Westmont Hospitality Group and its suppliers do not guarantee error-free or un-interrupted operations of its Web site or Services. Applicable law may not allow the exclusion of implied warranties, so some of the above exclusion may not apply to you.
(b) Information updates and technology access
Westmont Hospitality Group and its suppliers do not warrant the accuracy and completeness of the information available on or through this Web site. The information on this Web site may be out of date, and Westmont Hospitality Group makes no commitment to it. Westmont Hospitality Group periodically adds, changes, improves or updates the information on this Web site without notice. Information published on this Web site may refer to products, programs or services that are not available in your jurisdiction. You understand that Westmont Hospitality Grouop cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. Westmont Hospitality Group does not represent or warrant that its Web site or email sent from the Web site is free from viruses or other harmful components.
9. Limitation of Liability
You agree that in no event will Westmont Hospitality Group, its partners, affiliates and suppliers each of their respective directors, officers, employees, consultants, agents and suppliers be liable to you for any direct, indirect, special, consequential or punitive damages (including, without limitation, those damages resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, reliance, or the results of use of this Web site (including the services, or information contained on this Web site and/or other linked Web sites), whether based on warranty, contract, tort or any other legal theory and whether or not Westmont Hospitality Group is advised of the possibility of such damages.
10. Applicable Laws
These Terms of Use shall be governed and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any principles of conflicts of laws. The United Nations Convention on the International Sale of Goods is explicitly excluded from these Terms. The courts of the Province of Ontario shall have exclusive jurisdiction over all disputes. The parties agree that jurisdiction and venues in such courts is appropriate and irrevocably attorn to the jurisdiction of such courts. Sections 1-14 will survive termination of these Terms.
11. Severability
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavour to give effect to the parties´ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.
12. Entire Agreement
These Terms constitute the complete and entire agreement between the parties and supersede any prior agreement, whether written or oral.
13. No Waiver
Westmont Hospitality Group will not be considered to have waived any of its rights or remedies described in these Terms unless the waiver is in writing and signed by Westmont Hospitality Group no delay or omission by Westmont Hospitality Group in exercising its rights or remedies will impair or be construed as a waiver of its right to enforce such rights at any time.
14. Language
You agree that English will be the language of this Web site and all transactions occurring in connection with the Web site, and you agree to waive any right to use and rely upon any other language or translations.