Last Updated: December 12, 2016
MonitorHotels.com reserves the right, at any time and in its sole discretion, to update and change any or all of these Terms of Service. When MonitorHotels.com changes these Terms of Service, MonitorHotels.com will modify the "Last Updated" date above. You are responsible for regularly reviewing the most current version of the Terms of Service, which are currently available at: https://monitorhotels.com/terms. Your continued use of the Services after any such changes have been made shall constitute your consent to be bound by such changes. If you object to any changes to these Terms of Service your sole and exclusive remedy shall be to terminate the Services according to the terms herein.
1.01. This Terms of Service (hereinafter referred to as “Agreement”) constitute a valid, legally binding, and enforceable agreement between you and MonitorHotels.com (hereinafter referred to as “MonitorHotels”). This Agreement shall be deemed accepted by you upon:
(a) your use of MonitorHotels.com and/or any subsidiary and/or related web site(s), domain name(s) (including, without limitation, the domain name(s) issued by MonitorHotels to you as a User), and/or IP addresses (hereinafter collectively referred to as “Web Site”); or
(b) your use of MonitorHotels’s Services, web applications, programs, products, Web Site, and/or Software (hereinafter collectively referred to as the “Services”); or
(c) upon your clicking to accept or agree to this Agreement where this option is made available to you by MonitorHotels in the user interface for any Web Site or Service. MonitorHotels reserves the right, in its sole and absolute discretion, to refuse to allow you to use the Web Site and/or Services for any reason or for no reason.
2.01. You hereby represent and warrant to MonitorHotels that:
(a) you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction;
(b) you have the full power and authority to enter into and perform under this Agreement;
(c) your use of the Web Site and/or the Services will not infringe the copyright, trademark, right of publicity, or any other legal right of any person or entity whatsoever; and
(d) you will comply with all applicable laws, rules, and regulations in using the Web Site and/or the Services and in engaging in all other activities arising from, relating to, or connected with your User Account, this Agreement, the Web Site, and/or the Services.
3.01. The Web Site provides authorized Users with access to a variety of resources and Services. You understand and agree that the Services may include certain communications from MonitorHotels, such as service announcements, administrative messages, and the like, and that any and all such communications are considered part of your User Account, and that you are not permitted to, and will not be able to, opt out of receiving any such communications. Unless specifically stated otherwise, any new features that augment, enhance, or supplement the current Services shall be subject to this Agreement. You are solely responsible for obtaining access to the Services, which access may involve or necessitate third-party fees including, but not limited to, Internet service providers and/or airtime charges. You further understand and agree that you are solely responsible for any and all costs and fees associated with such access including, but not limited to, third-party fees and airtime charges, and you must provide and are solely responsible for all equipment necessary to access and/or use the Services.
3.02 MonitorHotels intends to provide the following customer support:
(a) Access to our Customer support forum;
(b) In-app set up guides;
(c) Tutorials on how to use MonitorHotels Services;
(d) Additional Support will be available through a service package at request only and will be charged separately.
3.03 All payments we collect for the use of the MonitorHotels service are completed through the use of a third party processor called Braintree.
4.01. Your Registration Data and certain other information about you will be subject to MonitorHotels’s Privacy Policy, which is available in full at MonitorHotels.com. You understand and agree that through your use of the Services, you consent to the collection and use of your Registration Data, User Information, and other content and information, including the transfer of any such information to any state of the United States and/or other countries for storage, processing, and use by MonitorHotels and/or its affiliates.
5.01. In order to become an authorized user of the Services (a “User”), you must accept this Agreement, create a user account (“User Account”) through MonitorHotels’s online registration process (the “Registration Process”). In creating a User Account through the online Registration Process, you agree to:
(a) provide true, accurate, current, and complete information about yourself as prompted by the Web Site (the “Registration Data”); and
(b) maintain and promptly update the Registration Data such that it remains true, accurate, current, and complete.
In the event that you provide any Registration Data or other information that is untrue, inaccurate, not current, or incomplete, or in the event that MonitorHotels has reasonable grounds to suspect that any such Registration Data or other information is untrue, inaccurate, not current, or incomplete, you have (1) one day to correct information that is untrue, inaccurate, not current, or incomplete, upon failure to do so the MonitorHotels has the right, in its sole and absolute discretion, to suspend or terminate your User Account and refuse any and all current or future use of the Services (or any portion thereof).
5.02. Upon your acceptance of this Agreement and your completion of the online Registration Process, collectively, you will become an authorized User and you will be issued a User Account, one or more user names (as the case may be), and one or more passwords (as the case may be) for purposes of accessing and using your User Account. Any and all user names, and passwords are issued by MonitorHotels based upon availability, and are and shall remain the property of MonitorHotels. Upon termination of your use of the Services, or upon termination of your User Account and/or your status as a User, you shall surrender any and all user names, and passwords which have been issued to you, and MonitorHotels shall have the right to re-issue any such user names, and/or passwords to any person or entity in MonitorHotels’s sole and absolute discretion. Only one User Account shall be issued to each User, and you hereby covenant and agree:
(a) that you will not allow any unauthorized person or entity to use the User Account that has been issued to you; and
(b) that you will not allow any unauthorized person or entity to access the Web Site or use the Services through your user name(s), password(s), User Account, or any other means at any time or for any purpose whatsoever.
MonitorHotels shall maintain ownership and control of all user names, and passwords that may be issued to you by MonitorHotels, and MonitorHotels expressly reserves, in its sole and absolute discretion, the right to in good faith change or remove any and all such user names, and passwords at any time.
5.03. You are solely responsible for maintaining the confidentiality of your user name(s), password(s), Registration Data, and all other information which is transmitted between you and MonitorHotels or between you and the Web Site, or which is in any way related to your use of your User Account, the Web Site, and/or the Services (“User Information”), and you are fully responsible for any and all activities that occur under or in association with the same. You agree to immediately notify MonitorHotels of any unauthorized use of your user name(s), password(s), User Account, Registration Data, or User Information, or unauthorized use of the Web Site or the Services, or any other breach of security or potential breach of security, and you agree to ensure that you log out from your User Account at the end of each session or period of use. MonitorHotels cannot and shall not under any circumstances be liable for any loss or damage of any kind arising from your failure to comply with any of the foregoing, and you agree to indemnify and hold MonitorHotels harmless from the same.
5.04. You acknowledge, consent, and agree that MonitorHotels may access, preserve, and disclose your User Information, Registration Data, user name(s), and/or password(s), or any of the foregoing, if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to:
(a) comply with any law or legal process;
(b) enforce this Agreement;
(c) respond to claims that any content or other information (including User Information) violates the rights of third parties;
(d) respond to your requests for customer service or other assistance; or
(e) protect the rights, property, or safety of MonitorHotels, its Users, and/or the public.
5.05. You understand and agree that the Web Site and/or the Services, as well as any software embodied within or used in connection with the Web Site and/or the Services (“Software”), may include security components that permit digital materials to be protected, and that use of any such materials is or may be subject to usage rules established by MonitorHotels. You agree that you shall not override or circumvent, or attempt to override or circumvent, any of the usage rules or security components embedded into the Web Site, the Services, and/or the Software. Any unauthorized reproduction, publication, distribution, or public exhibition of the Software or the materials or information provided on the Web Site or through the Services, in whole or in part, is strictly prohibited.
6.01. MonitorHotels, through the Web Site, the Services, and User Accounts, allows Users to upload, download, and/or transmit certain data and information (including User Information). You understand and agree that any and all information transmitted between any person or entity and MonitorHotels, the Web Site, and/or the Services is the sole responsibility of the person or entity from whom such information originated. This means that you, and not MonitorHotels, are entirely responsible for all information that you submit, upload, e-mail, transmit, post, store, or otherwise make available through your User Account, the Web Site, and/or the Services. You agree not to submit, upload, post, e-mail, transmit, download, store, or otherwise make available any information that:
(a) infringes the rights of another person or entity including, but not limited to, copyrights, trademarks, patents, trade secrets, rights of privacy, and rights of publicity;
(b) is libelous, defamatory, or slanderous;
(c) condones, promotes, contains, or links to warez, cracks, hacks, or similar utilities or programs;
(d) is pornographic or sexually explicit;
(e) does or may denigrate or offend any ethnic, racial, gender, religious, or other protected group through use of language, images, stereotypical depiction, or otherwise;
(f) is designed to or does harass, threaten, defame, or abuse others;
(g) exploits minors in a sexual or violent manner;
(h) promotes, condones, or encourages illegal activity; or
(i) is generally offensive or in bad taste.
6.02. You understand and agree that any and all information which you submit, upload, post, e-mail, transmit, store, or otherwise make available through your User Account, the Web Site, or the Services is your sole responsibility, and that such information does not reflect the views or opinions of MonitorHotels, its affiliates, subsidiaries, partners, licensors, officers, directors, employees, agents, or other representatives. MonitorHotels shall not be liable to you or to any other person or entity in any way for any such information or for any loss or damage of any kind incurred as a result of the use of any such information which is submitted, uploaded, downloaded, posted, e-mailed, transmitted, stored, or otherwise made available through your User Account, the Web Site, or the Services.
6.03. MonitorHotels generally does not pre-screen, pre-edit, or otherwise control all information that is submitted, uploaded, downloaded, posted, e-mailed, transmitted, stored, or otherwise made available through User Accounts, the Web Site, or the Services; however, MonitorHotels reserves the right, but has no obligation, to engage in any such activities and to monitor interactions between you and other Users, or take any other action(s) in good faith to restrict access to or the availability of any information or material that MonitorHotels or another User may consider to be a violation of this Agreement, obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.
6.04. In addition to the foregoing, you agree to not use your User Account, the Web Site, or the Services to:
(a) Upload, post, e-mail, transmit, or otherwise make available any content or information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
(b) Harm minors in any way;
(c) Impersonate any person or entity including, but not limited to, an MonitorHotels officer, employee, or other representative, or to falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content or information transmitted through your User Account, the Web Site, or the Services;
(e) Upload, post, e-mail, transmit, or otherwise make available any content or information that you do not have a right to upload, post, e-mail, transmit, or otherwise make available under any law or under any contractual or fiduciary relationship (such as inside information, proprietary information, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) Upload, post, e-mail, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(g) Upload, post, e-mail, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, damage, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(h) Upload, post, e-mail, transmit, or otherwise make available any content or information that infringes any patent, trademark, trade secret, copyright, or other proprietary right(s) of any person or entity;
(i) Interfere with or disrupt the Services or servers or networks connected to the Web Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Web Site;
(j) Intentionally or unintentionally violate any applicable local, state, national, or international laws, rules, or regulations; and/or
(k) Collect or store personal data about other Users in connection with the prohibited conduct and activities set forth in Paragraphs (a) through (k) above.
6.05. In addition to any remedies that MonitorHotels may have at law or in equity, if MonitorHotels determines, in MonitorHotels’s sole and absolute discretion, that you have violated or are likely to violate any of the foregoing prohibitions, then MonitorHotels may take any action in good faith which MonitorHotels deems necessary to cure or prevent the violation including, but not limited to, the immediate removal of the related content, information, or materials from your User Account, the Web Site, and/or the Services, and/or the immediate suspension or termination of your User Account. MonitorHotels will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing MonitorHotels to disclose the identity of any person or entity posting such content, information, or materials.
6.06. Use crawled data internally or for sale for internal use only, such as data analysis. Avoid having anyone in the chain post the crawled data on a public website.
6.07. Do not use data from a site to offer a directly competing product or service.
6.08. Do not circumvent common access control mechanisms. Do not, for example, mask an IP address or rotating IP addresses in order to bypass an IP filter/block, or use optical character recognition to submit responses to CAPTCHA challenges.
6.09. If the information being sought is available from the website operator through an API, or is otherwise being sold by the operator, obtain the data through such means.
6.10. If the company receives a cease and desist letter or an express revocation of access from the website, or if the website implements an IP block or other type of exclusion directed at its crawler, stop crawling the site immediately.
6.11. Do not engage in deceptive conduct in order to gain access to the website, such as using credentials that belong to others, creating fake user accounts, or making affirmative misrepresentations with respect to the company’s identity or purpose.
7.01. You acknowledge and agree that the Web Site, the Services, and any Software contains, or may contain, proprietary and confidential information that is protected by applicable intellectual property and other laws, and may not be used except as permitted in this Agreement or with prior written permission of the owner of such information. You further acknowledge and agree that information presented to you through your User Account, the Web Site, or the Services is protected by copyrights, trademarks, trade names, service marks, patents, or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by MonitorHotels, you agree not to modify, reproduce, rent, lease, loan, sell, license, display, perform, distribute, create derivative works based on, or otherwise use or exploit any such information, the Web Site, or the Services, in whole or in part.
7.02. Certain trademarks, trade names, service marks, and logos used or displayed on the Web Site or through the Services are registered and unregistered trademarks, trade names, and service marks of MonitorHotels, its affiliates, customers, and partners. Other trademarks, trade names, and service marks used or displayed on the Web Site or through the Services are the registered and unregistered trademarks, trade names, and service marks of their respective owners, including MonitorHotels and its affiliates. Nothing contained on the Web Site, and nothing related to the Services or the issuance to you of a User Account, grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks, or logos displayed on the Web Site or through the Services without the prior written permission of MonitorHotels or such other owner.
7.03. MonitorHotels grants you, as a User in good standing, a limited, personal, non-transferable, and non-exclusive right and license to use the Services in accordance with this Agreement; provided, however, that you do not (and do not allow any other person or entity to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code or other portion of the Services, or sell, lease, assign, sublicense, grant a security interest in, or otherwise transfer or encumber any right in the Services. You covenant and agree not to modify the Services (or any portion thereof) in any manner or form, nor to use modified versions of the Services (or any portion thereof) including, without limitation, for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by MonitorHotels for use in accessing the Services.
7.04 You acknowledge and consent that MonitorHotels may use your name and logo solely for the purpose of providing Services hereunder and promoting purchase of your products through MonitorHotels, which may include use of your logo in our customers section at MonitorHotels.com, placing your logo in our marketplace which is designed to increase traffic and sales for our customers, adding links, and other online advertising. You waive all claims related to copyright infringement and trademark infringement associated with MonitorHotels use of your mark. At anytime, upon your written request, MonitorHotels will in good faith discontinue use of your logo or name in any manner that may reasonably cause harm to your name or logo.
8.01. Except as otherwise provided herein, MonitorHotels does not claim ownership of content and data that you submit or use in connection with your User Account; however, with respect to any such content and data that you submit or make available for inclusion on the Web Site, if any, you grant MonitorHotels the worldwide, royalty-free, and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such content and data on the Web Site or through the Services.
9.01. MonitorHotels (including its subsidiaries, affiliates, directors, officers, agents, employees, representatives, partners, and licensors) shall not be liable to you, your affiliates, directors, officers, agents, employees, partners, or other representatives, or to other Users, or to any other person or entity for any claims, liabilities, losses, demands, suits, damages, or expenses including, without limitation, reasonable attorney(s) fees and expenses, and liabilities of whatsoever kind or nature imposed on, incurred by, or that may be asserted against any of the foregoing in connection with or arising out of your User Account or your use of the Web Site or the Services. You agree to indemnify and hold MonitorHotels and its subsidiaries, affiliates, directors, officers, agents, employees, representatives, partners, and licensors harmless from any and all claims, liabilities, losses, demands, suits, damages, or expenses including, without limitation, reasonable attorney(s) fees and expenses, and liabilities of whatsoever kind or nature imposed on, incurred by, or that may be asserted against any of the foregoing in connection with or arising out of content and data (including User Information) you submit, upload, post, transmit, or otherwise make available through the Web Site or the Services, your User Account, your connection to or use of the Web Site or the Services, your violation of this Agreement, your violation of any rights of another, or your violation of any law, rule, or regulation.
10.01. You understands that from time to time the service, software, or website may be added to, modified, or deleted from by MonitorHotels and/or that portions of the service, software, or website may migrate to other formats. MonitorHotels shall post said changes on MonitorHotels.com as they are made.
11.01. In addition to other grounds for termination as set forth in this Agreement, you understand and agree that MonitorHotels may, in its sole and absolute discretion, terminate your User Account (including any associated user names, and passwords) and discard any content, User Information, and Registration Data for any reason or for no reason upon 15 days advance notice to you through the email associated with your user account. After any termination MonitorHotels will offer to provide a backup of your content and information contained in MonitorHotels's system/servers before discarding any content. The offer to backup your content will include a good faith quote of the cost (including cost of hardware and time) which you will be responsible for paying before MonitorHotels will provide you with the backup. In addition to the foregoing, MonitorHotels may immediately terminate your User Account without any advance notice to you for any or all of the following reasons:
(a) breaches or violations of this Agreement or other incorporated agreements and/or guidelines;
(b) requests by law enforcement or other government agencies;
(c) good faith discontinuance or material modification to the Web Site and/or the Services (or any portion thereof);
(d) unexpected technical or security issues caused by your negligence or recklessness;
(e) extended periods of inactivity of at least 6 months;
(f) engagement by you in fraudulent or illegal activities; and/or
(g) creation of multiple user accounts for the same purpose.
You understand and agree that all terminations (other than a cancellation of your User Account in accordance with Paragraph 12.01 below) shall be made in MonitorHotels’s sole and absolute discretion and that MonitorHotels shall not be liable to you or any other person or entity for any termination of your User Account.
12.01. You may cancel your User Account by delivering an emailed written notice of cancellation to MonitorHotels not less than 5 days in advance of the desired date of cancellation. The effective date of cancellation shall be 5 days from the date on which MonitorHotels receives your emailed written notice of cancellation.
13.01. MonitorHotels WARRANTS THAT ALL OF ITS SOFTWARE APPLICATIONS SHALL BE FREE FROM DEFECTS IN WORKMANSHIP AND MATERIALS UNDER NORMAL USE FOR A PERIOD OF NINETY (90) CALENDAR DAYS AFTER DELIVERY TO YOU AND THAT FUNCTIONALITY, AS DETAILED IN (SECTION 3), SHALL BE PROVIDED IN THE SOFTWARE APPLICATION. DURING SUCH PERIOD, MonitorHotels SHALL, AT ITS OWN EXPENSE, REPAIR ITS SOFTWARE APPLICATIONS, WHICH HAVE BEEN DEMONSTRATED DEFECTIVE TO THE SATISFACTION OF MonitorHotels. MonitorHotels DOES NOT GUARANTEE SERVICE RESULTS HOWEVER MonitorHotels WILL IN GOOD FAITH ATTEMPT TO REAPAIR AND CORRECT ALL ERRORS. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR THE DEFECTS DESCRIBED IN THIS PARAGRAPH SHALL BE LIMITED TO TERMINATION OF THIS AGREEMENT.
13.02 YOU EXPRESSLY UNDERSTAND AND AGREE AS FOLLOWS:
(a) YOUR USE OF YOUR USER ACCOUNT, THE WEB SITE, AND THE SERVICES IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT MonitorHotels AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS, HAVE NOT MADE OUT, DO NOT MAKE, AND SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS, AND/OR GUARANTEES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT, OR FUTURE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, BESIDES THOSE WARRANTIES MADE IN SECTION 13.01.
(b) YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY DISCLOSURE BY MonitorHotels (INCLUDING ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS) DOES NOT IMPLY THAT ALL INFORMATION HAS BEEN DISCLOSED REGARDING THE WEB SITE OR THE SERVICES, NOR DOES ANY DISCLOSURE CREATE AN OBLIGATION UPON MonitorHotels (INCLUDING ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS) TO DISCLOSE ALL INFORMATION CONCERNING THE WEB SITE OR THE SERVICES. MonitorHotels (INCLUDING ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, AND LICENSORS) MAKES NO REPRESENTATION OR WARRANTY TO YOU OR ANY OTHER PERSON OR ENTITY THAT USE OF YOUR USER ACCOUNT, THE WEB SITE, OR THE SERVICES WILL RESULT IN A SUCCESSFUL BUSINESS OR OTHER ENDEAVOR.
(c) ANY MATERIAL, INFORMATION, OR PRODUCTS (WHETHER TANGIBLE OR INTANGIBLE) PURCHASED, ACQUIRED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH YOUR USER ACCOUNT OR YOUR USE OF THE WEB SITE OR THE SERVICES IS PURCHASED, ACQUIRED, DOWNLOADED, AND OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE PURCHASE, ACQUISITION, DOWNLOAD, OR OBTAINMENT OF ANY SUCH MATERIAL, INFORMATION, OR PRODUCTS INCLUDING, BUT NOT LIMITED TO, DAMAGE TO YOUR COMPUTER SYSTEM, DAMAGE TO YOUR TELECOMMUNICATIONS EQUIPMENT, OR LOSS OF DATA. MonitorHotels DISCLAIMS ANY WARRANTIES REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED, ADVERTISED, OR OBTAINED THROUGH THE WEB SITE OR THE SERVICES, OR THROUGH LINKS PROVIDED THROUGH THE WEB SITE OR THE SERVICES.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MonitorHotels OR THROUGH OR FROM YOUR USER ACCOUNT, THE WEB SITE, OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
(e) SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU.
14.01. NEITHER MonitorHotels, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, OR LICENSORS, ASSUMES ANY RESPONSIBILITY, OR WILL BE LIABLE, FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY OR DO INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO OR USE OF THE WEB SITE OR THE SERVICES, OR YOUR DOWNLOADING OR TRANSMITTING ANY INFORMATION OR MATERIALS TO OR FROM THE WEB SITE OR THE SERVICES.
14.02. IN NO EVENT WILL MonitorHotels OR ANY OF ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, LICENSORS, SUCCESSORS, OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THE WEB SITE OR THE SERVICES, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF USE, OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR BUSINESS INTERRUPTION, EVEN IF MonitorHotels HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM OR ARISING OUT OF
(a) THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF YOUR USER ACCOUNT, THE WEB SITE, ANY WEB SITES LINKED TO THE WEB SITE, THE SERVICES, OR THE INFORMATION, MATERIALS, PRODUCTS, OR SERVICES CONTAINED IN OR ON OR OBTAINED FROM OR THROUGH ANY OR ALL OF THE SAME;
(b) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, SERVICES, DATA, INFORMATION, OR OTHER MATERIAL RESULTING FROM ANY PRODUCTS, DATA, INFORMATION, SERVICES, OR OTHER MATERIAL PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSSACTIONS ENTERED INTO, THROUGH OR FROM YOUR USER ACCOUNT, THE WEB SITE, OR THE SERVICES;
(c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT, INFORMATION (INCLUDING USER INFORMATION), OR DATA (INCLUDING REGISTRATION DATA);
(d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR
(e) ANY OTHER MATTER RELATING TO YOUR USER ACCOUNT, THE WEB SITE, OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY OR PRINCIPLE, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF ANY PROBLEM WITH YOUR USER ACCOUNT OR THE WEB SITE OR THE SERVICES, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING YOUR USER ACCOUNT, THE WEB SITE, AND THE SERVICES.
15.01. You acknowledge that by using the Services, you will be causing communications to be sent through various computer networks, which may be located throughout the United States and the world. Due to the nature of electronic communications, even communications that seem to be intrastate can result in the transmission of interstate communications. Accordingly, you acknowledge that use of the Services results in interstate data transmissions and may result in the transborder transfer of content and personal information including, but not limited to, User Information and Registration Data. You hereby consent to the collection, processing, and transborder transfer of such content and personal information as you may provide or make available through your User Account, the Web Site, and/or the Service.
16.01. You acknowledge that MonitorHotels may establish general practices and limitations concerning use of your User Account, the Web Site, and/or the Services, including, but not limited to, the maximum number of dates that information or content will be retained, the maximum space that will be allotted to any server on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You acknowledge that MonitorHotels reserves the right to modify this general practices and limits at any time and from time to time. You further agree that MonitorHotels has no responsibility or liability for backing up any information which is in any way related to your User Account, or the deletion or failure to store any messages, communications, content, or other information maintained or transmitted by the Services. It is your sole responsibility to seek appropriate backup solutions.
17.01. Requests for transferring your User Account from you to another person or entity must be completed by the delivery to MonitorHotels of a written request which includes Registration Data from the proposed transferee, documentation of the proposed transfer (e.g., a purchase agreement, etc…), acceptance of this Agreement by the proposed transferee, and any other documentation or information deemed necessary or appropriate by MonitorHotels. Any such transfer shall not be valid unless and until MonitorHotels approves of such transfer in writing, and MonitorHotels shall be under no obligation to approve any such transfer, and MonitorHotels may deny any such transfer in its sole and absolute discretion.
18.01. As part of MonitorHotels’s commitment to providing the best possible service, MonitorHotels may monitor and record telephone calls answered by MonitorHotels and/or made by MonitorHotels. MonitorHotels may also archive recorded voice mail messages. MonitorHotels records telephone calls for training purposes, to improve customer service, and to ensure an accurate record of incoming and outgoing telephone calls, which may be needed to support transactions that take place over the telephone, if any. By accepting this Agreement, you understanding and consent to the recording of any such telephone calls and/or voice messages in which you are a participant or a party.
19.01. This Agreement may be revised at any time and from time to time by MonitorHotels updating this posting. You should regularly, and from time to time, review the then current Agreement because they are binding upon you. You should also print or save a local copy of this Agreement for your records. No modification of this Agreement shall be affected by the acknowledgement or acceptance of any form(s) or document(s) containing Agreement at variance with or in addition to those set forth herein.
20.01. MonitorHotels shall not be in default or breach of this Agreement, or of any other agreement, for any delay or failure to perform due to causes beyond MonitorHotels’s control including, but not limited to, acts of God, fire, earthquake, flood, explosion, strike, labor disturbance, civil commotion, acts of government, government agencies, and/or government officials, or any shortage or failure or delays in the delivery of materials, supplies, labor, equipment, information, data, goods, products, and/or other items.
21.01. A waiver by MonitorHotels of any provision of this Agreement, whether in writing or by course of conduct or otherwise, shall be valid only in the instance for which it is given, and shall not be deemed a continuing waiver of said provision, nor shall it be construed as a waiver of any other provision hereof.
22.01. Titles and headings of paragraphs or sections of this Agreement are for convenience of reference only, and shall in no way define, limit, or otherwise affect the construction of any provision hereof.
23.01. This Agreement, and all matters related hereto including, but not limited to, any matter or dispute arising out of this Agreement, your User Account, your use of the Web Site, and/or your use of the Services, shall be interpreted, governed, and enforced according to the laws of the Republic of Slovenia, and you hereby consent to the jurisdiction and venue of the Court in this country, and you hereby waive any objection based on forum non conveniens or otherwise.
24.01. In the event that you or MonitorHotels brings suit to enforce or interpret this Agreement, or brings suit for damages on account of the breach hereof, or in the event that you or MonitorHotels brings suit with regard to any matter concerning or related to your User Account, the Web Site, or the Services, the prevailing party shall be entitled to recover from the other party or parties the prevailing party’s reasonable attorney(s) fees and costs incurred in any such action in addition to any other relief to which the prevailing party is or may be entitled.
25.01. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be valid under applicable law; however, if any provision of this Agreement is invalid or prohibited under said applicable law, then such provision shall be ineffective to the extent of such invalidity or prohibition without invalidating the remainder of such provision or the remaining provisions hereof.
26.01. No agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created by this Agreement, or by your User Account or your use of the Web Site or the Services. You have no right to execute any contract or incur any obligation for which MonitorHotels is or may be liable, or to otherwise bind MonitorHotels, and MonitorHotels shall not be liable for any representation, act, or omission made by you.
27.01. All pronouns, and any variations thereof, shall be deemed to refer to the masculine, feminine, or neuter, singular or plural, as the context may require.
28.01. Your status as a User, the issuance to you of a User Account (including any user name, and password), your use of the Web Site, and/or your use of the Services does not and shall not confer upon you a proprietary interest of any kind in the Services or in MonitorHotels, its subsidiaries, affiliates, successors, or assigns.
29.01. You understand and agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement, your User Account, or your use of the Web Site or the Services, must be filed within one year after such claim or cause of action arose or be forever barred.
30.01. For purposes of this Agreement, the terms “you” and “your” shall mean an individual person or an entity, as the context may require.
31.01. Notices to You. You understand that MonitorHotels is providing web-related services, and that MonitorHotels often communicates with its Users by electronic means. Accordingly, your acceptance of this Agreement means that you consent to receive electronically from MonitorHotels any notices, agreements, disclosures, or other communications. You agree that MonitorHotels may send electronic notices and communications to you by sending such notices and communications to the e-mail address provided by you to MonitorHotels, and you agree to check such e-mail address regularly for such notices and communications. Any such notices and communications are effective when sent by MonitorHotels, regardless of whether such notices and communications are received or read by you.
31.02. Notices to MonitorHotels. Unless otherwise specifically provided herein, all notices to MonitorHotels required or permitted by this Agreement shall be in writing and in the English language and may be delivered by personal service, facsimile, electronic mail, or certified mail, return receipt requested, to the address set forth below. If you choose to send any notice by electronic mail or facsimile, a copy of such notice must also be sent to the address set forth below by certified mail, return receipt requested, in order to be valid. All notices sent to MonitorHotels by personal service or certified mail shall be deemed effective upon MonitorHotels’s receipt of the same. All notices sent to MonitorHotels by electronic mail or facsimile shall be effective upon MonitorHotels’s receipt of the same by certified mail, return receipt requested, as set forth above.
Poslujem d.o.o., Osojnikova ulica 15a, 2000 Maribor, Slovenia
32.01. If you do not understand any of the foregoing Agreement, or if you have any questions or comments, please contact MonitorHotels for additional information.