FLORIDA HOTEL NETWORK COPYRIGHT AND OTHER LEGAL NOTICES All use of "Florida Hotel Network" is subject to the following terms. Any use of Florida Hotel Network constitutes acknowledgment and acceptance of these terms. 1. Florida Hotel Network is an electronic publication of and a service provided by Hotel Reservations Network (hereinafter referred to as HRN). The term "Visitor" or "Visitors" shall include the individual or the entity whose agent accesses any file within Florida Hotel Network or any Data within any file (hereinafter together referred to as "the Data") in the event that the Visitor is a corporation. 2. All copyright and other rights in the Data at Florida Hotel Network belong to HRN, and nothing herein confers on the Visitor any right or interest in the Data. Except as expressly permitted below Visitors to this site may not copy, modify, alter, reverse engineer, disassemble, sell, transfer, rent, license, publish, distribute, disseminate or otherwise allow access to all or any of the Data. If the Visitor is a corporation this term shall apply to any subsidiary, affiliate or parent of such corporation. 3. Visitors to the site may use the Data solely and exclusively for personal purposes or for internal purposes within the Visitor's organization. The Visitor may download and or copy limited portions of Data on an occasional ad hoc basis and distribute that Data within the Visitor's organization PROVIDED, HOWEVER, that (i) the reproduction and distribution of such Data is not done in any manner which might be competitive with HRN's use, reproduction or distribution of the same or similar Data either in hard copy or electronic form and (ii) such Data is distributed with appropriate notices, including copyright notices, indicating HRN as the source of such Data and prohibiting any further reproduction or distribution of such Data. Downloading of any Data, content or images from this website does not transfer any right or ownership of such Data, content or images, and such Data, content or images may be used solely in accordance with the license herein.. 4. The Visitor expressly acknowledges that Florida Hotel Network was prepared by HRN (or its third party licensors) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money. The Visitor agrees to protect all copyright and other proprietary rights of HRN and its third party licensors in Florida Hotel Network. The Visitor shall honor and comply with reasonable written requests made by HRN to protect HRN and its licensor's contractual statutory and common law rights in Florida Hotel Network. 5. All updates to the Data and all new versions of Florida Hotel Network shall be subject to these terms as if each such update and or new version were the original Florida Hotel Network referred to here. 6. HRN reserves the right to alter or modify Florida Hotel Network, including portions thereof, from time to time. Such alterations or modifications may include, without limitation, addition or withdrawal of features, data or changes in instructions. HRN may also at any time discontinue Florida Hotel Network On-Line or discontinue providing updates. 7. Neither HRN nor any other party involved in the creation, production or delivery of Florida Hotel Network warrants that Florida Hotel Network shall meet the Visitor's requirements or that it will operate in an error free manner. 8. A description or reference to a product, service or publication on this website (including any description or reference via hyperlink) does not imply endorsement by HRN of that product, service or publication. Products and software offered through this website shall be warranted, if at all, through the written license or warranty provided by the supplier in connection with such product or software. 9. EXCEPT AS EXPRESSLY PROVIDED ABOVE, NEITHER HRN NOR ANY OF ITS THIRD PARTY LICENSORS WARRANTS THE PERFORMANCE OR RESULTS THAT MAY BE OBTAINED BY USING Florida Hotel Network. Florida Hotel Network IS MADE AVAILABLE "AS IS" WITHOUT WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO ITS PERFORMANCE, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE. HRN ACCEPTS NO RESPONSIBILITY OR LIABILITY IN RESPECT OF ANY ERROR OR OMISSION IN ANY DATA PROVIDED BY HRN ON Florida Hotel Network. HRN MAKES NO REPRESENTATION OR WARRANTY REGARDING THE STANDING, CREDIT OR OTHERWISE OF ANY PERSON, FIRM OR COMPANY MENTIONED IN THE DATA, NOR THE SUITABILITY OF THE DATA FOR ANY PURPOSE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF Florida Hotel Network IS ASSUMED BY THE VISITOR. IF THE OPERATION OF Florida Hotel Network IS DEFECTIVE, THE SUBSCRIBER, AND NOT HRN OR ITS DEALERS, LICENSORS, DISTRIBUTORS, AGENTS, OR EMPLOYEES, ASSUMES THE ENTIRE RESPONSIBILITY FOR ANY NECESSARY REPAIRS OR CORRECTION. 10. The law of some countries and some states do not allow limitations on how long an implied warranty lasts. Thus, the above limitations may not apply to the Visitor. This limited warranty gives the Visitor specific legal rights and the Visitor may also have other rights which vary from country to country and from state to state. 11. IN NO EVENT SHALL FLORIDA HOTEL NETWORK OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF Florida Hotel Network BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE Florida Hotel Network. WHETHER BASED UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NEITHER HRN, ANY OF ITS AFFILIATES NOR ANYONE, INCLUDING ANY THIRD PARTY LICENSOR, WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF Florida Hotel Network SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES SUCH AS, BUT NOT LIMITED TO, LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION OR LOSS OF ANTICIPATED PROFITS OR BENEFITS RESULTING FROM USE OF Florida Hotel Network OR ARISING OUT OF ANY BREACH OF WARRANTY, EVEN IF HRN OR ANY SUCH OTHER PERSON HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT LIABILITY IS NEVERTHELESS IMPOSED ON HRN OR ANY AFFILIATE THEREOF, OR ANY SUCH OTHER PERSON, TOTAL LIABILITY HEREUNDER SHALL NOT EXCEED US$10.00. THE LAW OF SOME COUNTRIES AND STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO THE VISITOR. 12. These terms constitutes the entire agreement between the parties. The provisions and terms of any purchase order or other instrument issued by the Visitor shall be of no effect and the acceptance of any such order or instrument shall not in any way extend or alter these terms. Failure of either party to insist at any time upon strict compliance with these terms or to seek remedy of any breach shall not constitute or be construed as a waiver of any rights or remedies hereunder or of any such breach. These terms shall be construed and governed in accordance with the laws of the state of Florida. If any of these terms is held by a court of competent jurisdiction to be contrary to law, that term shall be enforced to the maximum extent permissible and the remaining terms shall remain in full force and effect. |