User Agreement
Your use of this site is expressly
conditioned on your acceptance of the following terms and conditions. By using
this site, you agree to these terms and conditions. If you do not agree with these terms
and conditions, do not use this site.
- Ownership.
This site, and each of its modules, together with the arrangement and compilation
of the content found on this site, is the copyrighted property of Independent Motels Inc.
("Independent Motels") and/or its various third party providers and
distributors. In addition, the trademarks, logos and service marks displayed on this site
(collectively, the "Trademarks") are registered and common law Trademarks of
Independent Motels. No trademark may be used without the written permission of Independent
Motels, or any other party that may own the Trademarks.
- Site use.
Independent Motels grants you a limited, non-transferable license to use this site
in accordance with the terms and conditions of this User Agreement. You may only use this
site to make legitimate reservations or purchases and shall not use this site for any
other fraudulent purpose, including without limitation, to make any fraudulent reservation
or any reservation in anticipation of demand. This site and the content provided in this
site may not be copied, reproduced, republished, uploaded, posted, transmitted or
distributed without the written permission of Independent Motels, and/or its third party
providers and distributors, except that you may download, display and print the materials
presented on this site for your personal, non-commercial use only. You agree that you will
not transmit or otherwise transfer any content found on this site to anywhere for mass
distribution or for use in any commercial enterprise. You agree that you will not
interfere or attempt to interfere with the proper working of this site. You agree that you
will not take any action that imposes a burden or load on our infrastructure that
Independent Motels deems in its sole discretion to be unreasonable. Unauthorized use of
this site and/or the materials contained on this site may violate applicable copyright,
trademark or other intellectual property laws or other state and federal laws. You must
not alter, obscure or obliterate any of such notices. The use of such materials on any
other Web site or in any environment of networked computers is prohibited. You may not
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 state or federal law. In addition, you are prohibited
from posting or transmitting any information which contains a virus, bug or other harmful
item, You are solely liable for damages resulting from any intellectual property
infringement, or any other harm resulting from your use of this site.
- User responsibility.
If you use this site, you are responsible for maintaining the confidentiality of
your account information and your login and password. You agree to accept responsibility
for all activities that occur under your account or your login and password. You may not
use this site if you are under 18 years of age. You agree that your use of this site
creates legal obligations for any liability. You agree that you are financially
responsible for all uses of this site by you and those using your account and your login
and password.
- Agreement to Privacy Policy.
You have read the Independent Motels Privacy Policy, the terms of which are
incorporated herein, and agree that the terms of such policy are reasonable. You agree
that your personal information may be used by Independent Motels and/or its third party
providers and distributors in accordance with the terms of and for the purposes set forth
in the Independent Motels Privacy Policy.
- Our Right to review transmissions.
Independent Motels reserves the right to sensor, edit, remove or prohibit the
transmission or receipt of any information that Independent Motels finds is inappropriate
or violates any terms and conditions of this agreement. Your use of this site constitutes
your consent to any information being monitored or reviewed. You agree that if you submit
suggestions, ideas, comments or questions or post any other information on this site, you
grant Independent Motels and its affiliates a worldwide, non-exclusive, royalty-free,
perpetual, irrevocable, and fully sublicenseable right to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute and display such content in
any form, media or technology. You agree that Independent Motels is not liable for any
information posted by you.
- Exclusion of warranty.
All information provided on this site is provided on "as is" basis.
Independent Motels and any third party providers and distributors make no warranty of any
kind regarding this site and/or any materials provided on this site. Independent Motels
and any third party providers and distributors do not warrant the accuracy, completeness,
currency or reliability of any of the information found on this site and such parties
expressly disclaim all warranties, including implied warranties and conditions of
merchantability, fitness for a particular purpose and non-infringement, and those arising
by law or from a course of dealing or usage of trade. Neither Independent Motels nor any
third party providers or distributors warrant that this site, its servers or any e-mail
sent from Independent Motels are free of viruses or other harmful components. The
foregoing disclaimer may not apply to you if your state does not allow the waiver of
implied warranties. This warranty gives you specific rights which vary from state to
state.
- Liability limitation.
Independent Motels assumes no liability for, any damages to, or viruses that may
infect, your computer equipment or other property on account of your use of this site. In
no event shall Independent Motels or any third party providers or distributors be liable
for any injury, loss, claim, damage, or any special, exemplary, 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,
which arises out of or is in any way connected with (i) any use of this site or content
found herein, (ii) any failure or delay (including, but not limited to the use of or
inability to use any component of this site for reservations or ticketing), or (iii) the
performance or non performance by Independent Motels or any third party providers or
distributors, even if such party has been advised of the possibility of damages to such
parties or any other party. If, notwithstanding the foregoing, Independent Motels or any
third party provider or distributor should be found liable for any loss or damage which
arises out of or is in any way connected with any of the above described functions or uses
of this site or its content, the liability of Independent Motels and the third party
providers and distributors shall in no event exceed, in the aggregate, the greater of (a)
the subscription fee and service charge for accessing this site, or (b) $100.00 in United
States currency. Independent Motels may terminate or restrict your access to any component
of this site at any time without prior notice. If your state does not allow limitation of
liability, this limitation may not apply to you.
- Indemnification.
You shall defend and indemnify Independent Motels and any third party providers and
distributors 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 this site.
- Links.
This site contains links to other Web sites for your convenience, but such links
are not an endorsement by Independent Motels, its third party providers or distributors of
the contents of such other Web sites. Independent Motels or any third party provider or
distributor shall not be responsible for any other Web sites and makes no representation
or warranty regarding any other Web sites. Your access of other websites is done at your
own risk.
- Governing law.
This Agreement and its performance shall be governed by the laws of the state of
Georgia, United States of America, without regard to its conflict of laws provisions. You
consent and submit to the exclusive jurisdiction of the state and federal courts located
in Fulton County, the state of Georgia, United States of America, in all questions and
controversies arising out of your use of this site and this Agreement. To the extent
allowed by applicable law, any claim or cause of action arising from or relating to your
access or use of this site must be brought within one (1) year from the date on which such
claim or action arose or accrued and not when the claim or arose is discovered.
- Attorney's fees.
You are responsible for any and all attorney's fees and any cost of litigation, in
addition to any other relief, at law or in equity, to which Independent Motels is entitled
for having to bring any litigation against you.
- Injunctive relief.
You acknowledge that a violation or attempted violation of this User Agreement will
cause irreparable damage to Independent Motels, for which there will be no adequate remedy
at law. Accordingly, you agree that Independent Motels 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 and conditions by You, or Your affiliates,
partners, or agents, as well as recover from You any and all costs, expenses, and
attorney's fees sustained or incurred by Independent Motels in obtaining such an
injunction, including without limitation, all attorney fees and costs. No bond or other
security shall be required in connection with such injunction.
- Termination.
Independent Motels reserves the right to terminate this User Agreement and these
terms and conditions and/or the provision of any of the services at any time for any
reason, including any improper use of this site or your failure to comply with these terms
and conditions. Upon termination of this User Agreement and these terms and conditions,
all rights granted to you will terminate and revert to Independent Motels and as
applicable. Any termination does not affect any relief that Independent Motels is entitled
to at law or equity.
- Assignment.
You may not assign, convey, subcontract or delegate your rights, duties or
obligations hereunder.
- Modification.
Independent Motels reserves the right to modify these terms and conditions at any
time, and any use of this site will be conditioned upon the terms and conditions in force
at the time of your use.
- Additional terms.
You agree to abide by any additional terms and conditions that may apply to
reservations, purchases of goods and services and other uses of portions of this site,
including any and all information found on the "Service Charges" or any other
portion of this site.
- Severability.
These terms and conditions shall be deemed severable. In the event that any
provision is found to be unenforceable or invalid, you agree that said provision shall be
enforced to the fullest extent permitted by applicable law, and such determination shall
not affect the validity and enforceability of any other remaining provisions.
- Entire agreement.
This User Agreement, along with any terms and conditions incorporated herein or
referred to herein constitute the entire agreement between Independent Motels and you
relating to the subject matter hereof, and supersedes any prior oral or written agreements
or understanding regarding the subject matter, and may not be amended or modified except
in writing or by making such amendments or modifications available on this site.
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