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Site Usage and Information Agreement
IMPORTANT!
THIS IS A BINDING LEGAL AGREEMENT (this
"Agreement"). PLEASE READ THESE TERMS
AND CONDITIONS OF USE CAREFULLY BEFORE
USING THIS SITE. This Agreement
governs your use of this site
(collectively, the "Site") and is by and
between Cedars Inn Hotel (referred to
herein as "CIH", "we", "us", or "our")
and you, on behalf of yourself and the
buyer, member or supplier for which you
have registered ("you"). By using,
viewing, transmitting, caching, storing
and/or otherwise utilizing the Site, the
services or functions offered in or by
the Site and/or the contents of the Site
in any way, you have agreed to each and
all of the terms and conditions set
forth below, and waive any right to
claim ambiguity or error in this
Agreement. If you do not agree to
each and all of these terms and
conditions please do not use the Site
and leave the Site immediately. We
reserve the right, at our sole and
absolute discretion, to change, modify,
add, or remove portions of these terms
at any time without notice and, unless
otherwise indicated, such changes will
become effective immediately; therefore,
please check these terms periodically
for changes. Your continued use of the
Site following the posting of changes to
this Agreement will mean you accept
those changes. Please print and retain a
copy of this Agreement, as it may be
changed from time to time, for your
records.
II. ELIGIBILITY
The Site is
available only to individuals and
entities that can form legally binding
contracts under applicable law. Without
limiting the foregoing, the Site and the
services offered by the Site are not
available to minors. If you do not
qualify,
click here
to leave the Site and do not use the
Site. You must be eighteen (18) years of
age or older to reserve a room on this
website. If you are under the age of
eighteen, you may contact the hotel
directly for assistance.
The Site and the materials located on or
through the Site are provided by us for
informational purposes only, with the
understanding that we are by the
provision of these materials not engaged
in the rendering of legal or other
professional advice or service. The
information contained in or through the
Site is based upon sources believed to
be accurate and reliable; and we have
exercised reasonable care to assure the
accuracy of the information. However, we
make no representation or warranty as to
such accuracy. These materials were
prepared for us by personnel of our
owned and managed hotels and others.
They are made available to franchisees
and others as an accommodation only.
Franchisees and others retain ultimate
control over the policies and procedures
that they choose to implement at their
hotel. By providing these materials, we
do not intend to exercise any direction,
oversight or control over those policies
and procedures. For all of the above
reasons, you should consult your own
attorney or other appropriate
professional for advice concerning the
terms and conditions of this Agreement
and/or compliance with any legal
requirement.
RESTRICTIONS ON USE OF MATERIALS
All materials contained in the Site are
the copyrighted property of Cedars Inn
Hotel or its subsidiaries or affiliated
companies and/or third party licensors.
No material from the Site or any
Internet site owned, operated, licensed,
or controlled by us or our affiliates
may be copied, reproduced, republished,
uploaded, posted, transmitted, or
distributed in any way. For purposes of
these terms, the use of any such
material on any other Web, Internet,
intranet, extranet or other site or
computer environment is prohibited. All
trademarks, service marks, trade names
and trade dress are proprietary to us.
You may not frame or utilize framing
techniques to enclose any of our
trademarks, logos, or other proprietary
information (including images, text,
page layout, or form) without our prior
express written consent. You may not use
any meta tags or any other "hidden text"
utilizing our name, trademarks or other
proprietary information without our
prior express written consent.
Unless indicated otherwise, all names,
logos, trademarks, service marks, trade
dress and trade names are proprietary to
Cedar Inn Hotel. In the United States
and other countries and may not be used
by anyone for any purpose without our
prior express written consent. We
consider our trademarks to be valuable
assets, and take infringement of them
seriously.
In the event you download software from
the Site, the software, including any
files, images incorporated in or
generated by the software, and data
accompanying the software (collectively,
the "Software") are licensed to you by
us or third party licensors for your use
in connection with the Site only. We do
not transfer title to the Software to
you. You own the medium on which the
Software is recorded, but we (or third
party licensors) retain full and
complete title to the Software and all
intellectual property rights therein.
You may not redistribute, sell,
de-compile, reverse engineer,
disassemble, or otherwise reduce the
Software to a human-readable form.
SUBMISSIONS
We are pleased to hear from our users
and welcome your comments regarding the
Site and the products and services
offered in connection therewith.
Unfortunately, however, our
long-standing company policy does not
allow us to accept or consider creative
ideas, suggestions, or materials other
than those that we have specifically
requested. We employ a talented staff
and consultants who may be working on
the same or similar ideas. We hope you
will understand that it is the intent of
this policy to avoid the possibility of
future misunderstandings when projects
developed by our professional staff
and/or consultants might seem to others
to be similar to their own creative
work. Please do not send us any
unsolicited original creative materials
of any kind. While we do value your
feedback on the Site and the services
and products offered in connection
therewith, we request that you be
specific in your comments with respect
to the same, and not submit any creative
ideas, suggestions, or materials (unless
specifically requested by us).
If, at our request, you send certain
specific submissions or, despite our
request, you send us creative
suggestions, ideas, notes, drawings,
concepts, or other information
(collectively, the "Submissions"), the
Submissions shall be deemed, and shall
remain, our property. None of the
Submissions shall be subject to any
obligation of confidence on our part and
we shall not be liable for any use or
disclosure of any Submissions. Without
limitation of the foregoing, we shall
exclusively own all now known or
hereafter existing rights to the
Submissions of every kind and nature
throughout the universe and shall be
entitled to unrestricted use of the
Submissions for any purpose whatsoever,
commercial or otherwise, without
compensation to the provider of the
Submissions.
Links to other sites we think may be of
interest to you are provided for your
convenience. By providing these links,
we are not endorsing, sponsoring or
recommending such sites or the materials
disseminated by or services provided by
them, and are not responsible for the
materials, services or other situations
at or related to or from any other site.
Please exercise discretion while
browsing the Internet and using the
Site. You should be aware that when you
are using the Site, you could be
directed to other sites that are beyond
our control. There are links to other
sites from the Site pages that take you
outside of the Site. For example, if you
"click" on a banner advertisement or a
search result, the "click" may take you
off the Site. This includes links from
advertisers, sponsors, and content
partners that may use our logo(s) as
part of a co-branding agreement. These
other sites may send their own cookies
to users, collect data, solicit personal
information, or contain information that
you may find inappropriate or offensive.
In addition, advertisers on the Site may
send cookies to users that we do not
control.
We reserve the right to disable links
from any third party sites to the Site.
We make no representations concerning
the content of sites listed in any of
the Site's directories. Consequently, we
cannot be held responsible for the
accuracy, relevancy, copyright
compliance, legality or decency of
material contained in sites listed in
any search results or otherwise linked
to a Site.
Please keep in mind that whenever you
give out information online, that
information can be collected and used by
people you don't know. We cannot
guarantee the security of any
information you disclose online; you
make such disclosures at your own risk.
ELECTRONIC TRANSMISSIONS,
INCLUDING THE INTERNET, ARE
PUBLIC MEDIA, AND ANY USE OF
SUCH MEDIA IS PUBLIC AND NOT
PRIVATE. INFORMATION RELATED TO
OR ARISING FROM SUCH USE IS
PUBLIC, OR THE PROPERTY OF THOSE
COLLECTING INFORMATION, AND NOT
PERSONAL OR PRIVATE INFORMATION.
YOU AGREE THAT YOU USE THE SITE
AT YOUR OWN RISK. THE CONTENT,
SERVICES AND MATERIALS IN THE
SITE ARE PROVIDED "AS IS" AND ON
AN "AS AVAILABLE" BASIS WITHOUT
REPRESENTATIONS OR WARRANTIES OF
ANY KIND EITHER EXPRESS, IMPLIED
OR STATUTORY. WE DO NOT MAKE ANY
REPRESENTATIONS, WARRANTIES OR
ENDORSEMENTS REGARDING THE
ACCURACY, RELIABILITY,
USEFULNESS OR COMPLETENESS OF
THE SERVICES, CONTENT OR
MATERIALS IN THE SITE OR ANY
SITE LINKED TO IT. TO THE
MAXIMUM EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE,
NONINFRINGEMENT, DESIGN,
ACCURACY, CAPABILITY,
SUFFICIENCY, SUITABILITY,
CAPACITY, COMPLETENESS,
AVAILABILITY, COMPATIBILITY OR
ARISING FROM COURSE OF DEALING
OR COURSE OF PERFORMANCE. WE DO
NOT WARRANT THAT THE SITE OR THE
SERVICES, CONTENT, MATERIALS OR
FUNCTIONS CONTAINED IN THE SITE
WILL BE CONTINUOUSLY AVAILABLE,
UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED,
OR THAT THE SITE, SERVICES,
CONTENT, MATERIALS OR THE
SERVERS THAT MAKE THE SITE OR
SUCH SERVICES, CONTENT AND
MATERIALSAVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL
COMPONENTS OR ARE ACCURATE OR
COMPLETE. WE DO NOT WARRANT OR
MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS
OF THE USE OF THE SERVICES,
CONTENT, MATERIALS, FUNCTIONS OR
PRODUCTS AVAILABLE THROUGH THE
SITE IN TERMS OF THEIR
CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. YOU
ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR, OR
CORRECTION. APPLICABLE LAW MAY
NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
In the event we are held liable
for any damages related to such
matters, your sole and exclusive
remedy will be limited to
reimbursement for services or
products paid by you to the
entity held liable which were
not provided by such entity. You
hereby waive any and all rights
to bring any claim or action
related to such matters in any
forum beyond one (1) year after
the first occurrence of the kind
of act, event, condition or
omission upon which the claim or
action is based.
We explicitly disclaim any
responsibility for the accuracy,
content, or availability of
information found on sites that
link to or from the Site. We
cannot ensure that you will be
satisfied with any products or
services that you purchase from
the Site or from a third-party
site that links to or from the
Site or third party content on
the Site. We do not endorse any
of the merchandise, nor have we
taken any steps to confirm the
accuracy or reliability of, any
of the information contained in
such third-party sites or
content. We do not make any
representations or warranties as
to the security of any
information (including, without
limitation, credit card and
other personal information) you
might be requested to give any
third party, and you hereby
irrevocably waive any claim
against the Indemnified Parties
with respect to such sites and
third party content. We strongly
encourage you to make whatever
investigation you feel necessary
or appropriate before proceeding
with any online or offline
transaction with any of these
third parties.
The Indemnified Parties are not
responsible for telephone,
electric, electronic, network,
Internet, computer, hardware or
software program malfunctions,
failures, delays or
difficulties, or late, lost,
stolen, illegible, incomplete,
garbled, misdirected, mutilated
or postage due mail, e-mail,
form postings, connections,
messages or entries, or the
security of any and all such
matters.
Further, the Indemnified Parties
are not responsible for
incorrect or inaccurate entry
information, whether caused by
Internet users or by any of the
equipment or programming
associated with or utilized in
the Site or by any technical or
human error which may occur in
the processing of any
information related to the Site.
We may prohibit you from
participating in or utilizing
the Site if in our sole and
absolute discretion you show a
disregard for this Agreement or
act in an unsportsmanlike
manner, with the intent to
annoy, abuse, threaten, or
harass any other person, or in
any other disruptive manner. We
also reserve the right to refuse
service, terminate accounts,
remove or edit content or cancel
orders in our sole and absolute
discretion.
If for any reason any portion of
the Site is not capable of
running as planned, including
infection by computer virus,
bugs, tampering, unauthorized
intervention, fraud, technical
failures, or any other causes
beyond the reasonable control of
Cedars Inn Hotel which corrupt
or affect the administration,
security, fairness, integrity,
or proper conduct of the Site,
we reserve the right (but not
the obligation) in our sole and
absolute discretion, to prohibit
you and any member, buyer or
supplier (and all of your and
their Information) from using
the Site, and to cancel,
terminate, modify or suspend the
Site or any portion thereof and
void such Information.
You also agree that the
Indemnified Parties are not
responsible or liable in any way
for injury, loss or damage to
your computer or interception or
use of credit card information,
related to or resulting from use
of the Site or any sites,
services or materials linked or
related thereto or there from
and also are not responsible or
liable in any way for any
injury, loss, claim or damage
relating to or resulting from
any part of the Site operating
or not operating on computers or
networks used by you or
communicating with such
computers or networks.
To the extent we list or link to
third party products or
services, our site acts as the
venue for suppliers to sell
products and services (or, as
appropriate, solicit offers to
buy) and buyers to purchase such
products and services. We are
not involved in the actual
transaction between buyers and
suppliers. As a result, we have
no control over the quality,
safety or legality of the items
advertised, the truth or
accuracy of the listings, the
ability of suppliers to sell
items or the ability of buyers
to buy items. We cannot ensure
that a buyer or supplier will
actually complete a transaction.
We do not control the
information provided by other
users which is made available
through the Site. You may find
other user's information to be
offensive, harmful, inaccurate,
or deceptive. Please use caution
and common sense when using the
Site. Please note that there are
also risks of dealing with
foreign nationals, underage
persons or people acting under
false pretense.
Although we intend that product
descriptions contained in the
Site be current and accurate, we
make no warranty or
representation that descriptions
of products in the Site are
accurate, complete, current, or
reliable in any or all respects.
In the event that a product
described in the Site is not as
described, your sole remedy is
to return it in unused condition
in accordance with the
suppliers' return policy.
ELECTRONIC COMMUNICATIONS
PRIVACY ACT NOTICE (18 U.S.C.
2701-2711): WE MAKE NO GUARANTY
OF CONFIDENTIALITY OR PRIVACY OF
ANY COMMUNICATION OR INFORMATION
TRANSMITTED ON THE SITE OR ANY
WEB SITE LINKED TO THE SITE. WE
WILL NOT BE LIABLE FOR THE
PRIVACY OF THE INFORMATION,
E-MAIL ADDRESSES, REGISTRATION
AND IDENTIFICATION INFORMATION,
DISK SPACE, COMMUNICATIONS,
CONFIDENTIAL OR TRADE-SECRET
INFORMATION, OR ANY OTHER
CONTENT TRANSMITTED OVER
NETWORKS ACCESSED BY THE SITE,
OR OTHERWISE CONNECTED WITH YOUR
USE OF THE SITE.
NO ORAL ADVICE OR WRITTEN
CORRESPONDENCE OR INFORMATION
PROVIDED BY US OR ANY OF THE
INDEMNIFIED PARTIES WILL CREATE
A WARRANTY OF ANY KIND AND USERS
SHOULD NOT RELY ON ANY SUCH
INFORMATION OR ADVICE. WE
RESERVE THE RIGHT, IN OUR SOLE
AND ABSOLUTE DISCRETION AND
WITHOUT NOTICE, TO CORRECT ANY
ERRORS OR OMISSIONS IN ANY
PORTION OF THE SITE, OR TO DENY
ACCESS TO THE SITE TO ANYONE AT
ANY TIME. NEITHER WE NOR ANY OF
THE INDEMNIFIED PARTIES, SHALL
HAVE ANY LIABILITY ARISING FROM
YOUR RELIANCE UPON THE
INFORMATION PROVIDED ON THE
SITE.
Search and Directory are free
services which may be offered in
connection with the Site.
Because the Web changes
constantly, no search engine
technology can possibly have all
accessible sites at any given
time. Thus, we explicitly
disclaim any responsibility for
the content or availability of
information contained in any
search index or directory
offered in connection with the
Site.
The Site may contain technical
inaccuracies or typographical
errors or omissions. Cedars Inn
is not responsible for any
typographical, photographic,
technical or pricing (including
without limitation mistaken
hotel rates) errors listed on
our Site. Cedars Inn reserves
the right to make changes,
corrections and/or improvements
to the Site, and to the products
and programs described in such
information, at any time without
notice.
We reserve the right to cancel
or modify reservations where it
appears that a customer has
engaged in fraudulent or
inappropriate activity or under
other circumstances where it
appears that the reservations
contain or resulted from a
mistake or error.
We reserve the right to
determine whether claims for Our
Best Rate. Guaranteed. are valid
and meet all of the defined
requirements and terms and
conditions of the program. All
claims will be verified and
confirmed. If a claim is deemed
to qualify, the claimant will be
contacted by Guest Services and
claim will be handled according
to the terms and conditions of
the program.
INDEMNIFICATION
You are entirely
responsible for
maintaining the
confidentiality of your
password and account and
for all activities that
occur under your
account. You hereby
indemnify, defend and
hold us and our hotels
and each of our and
their owners, partners,
subsidiaries,
affiliates, franchisees
and each of such
person's or entities'
officers, directors,
agents, contractors,
subcontractors, guests,
residents, visitors,
licensees, invitees,
permitees and employees
(collectively, the
"Indemnified Parties")
harmless from and
against any and all
allegations, demands,
claims, liabilities,
damages, fines,
penalties or costs of
whatsoever nature
(including reasonable
attorneys' fees) and
whether by reason of
death of or injury to
any person or loss of or
damage to any property
or otherwise ("Claims")
arising out of or in any
way connected with this
Agreement, the services
or products provided to
you by the Site or any
related act or failure
to act by you and
whether or not
occasioned or
contributed to by the
negligence of CIHor any
agent or employee of the
Indemnified Parties or
any of them (except as
and to the extent
prohibited by applicable
law) or Claims arising
from your account,
including, without
limitation, any Claims
related to infringement
by you of the
intellectual property
rights of any person,
including without
limitation, copyright,
patent, trade secret,
trade mark, artist
rights, droit moral,
privacy, publicity or
rights under other
intellectual property
laws. In the event that
any Claim is made or any
action or proceeding is
brought against the
Indemnified Parties, or
any of them, arising out
of or connected with
this Agreement, any such
Indemnified Party may,
by reasonable notice to
you, require you, at
your expense, to resist
such Claim or take over
the defense of any such
action or proceeding and
employ counsel for such
purpose, such counsel to
be subject to the prior
written approval of such
Indemnified Party, which
approval shall be deemed
to have been given
hereby in the case of
counsel acting for your
insurance underwriters
engaged in such
resistance or defense.
You shall cooperate with
us in the defense of any
Claim. We reserve the
right, at our own
expense, to assume the
exclusive defense and
control of any matter
otherwise subject to
indemnification by you.
TERMINATION
These terms are
effective until
terminated by either
party. You may terminate
these terms at any time
by discontinuing use of
the Site and destroying
all materials obtained
from any and all such
sites and all related
documentation and all
copies and installations
thereof, whether made
under the terms of this
Agreement or otherwise.
Your access to the Site
may be terminated
immediately without
notice from us if in our
sole and absolute
discretion you fail to
comply with any term or
provision of this
Agreement. Upon
termination, you must
cease use of the Site
and destroy all
materials obtained from
such site and all copies
thereof, whether made
under the terms of this
Agreement or otherwise.
Notwithstanding the
termination of this
Agreement, you
acknowledge and agree
that those rights and
obligations which by
their nature are
intended to survive the
termination of this
Agreement in order to be
fully operative, shall
survive the termination
of this Agreement
including, without
limitation, the
following provisions
hereof: (i) Restrictions
on Use of Materials;
(ii) Submissions; (iii)
Disclaimers; (iv)
Indemnification; (v)
Limitations on
Liability; (vi) Release;
(vii) Access and
Interference; (viii)
Notice and Procedure for
Making Claims of
Copyright Infringement;
(ix) Forum; (x) No
Agency; and (xi)
Compliance with Laws.
GENERAL PROVISIONS
You shall comply with
all applicable laws,
statutes, ordinances and
regulations regarding
your use of the Site and
your solicitation of
offers to purchase
and/or sell products
and/or services. This
Agreement shall be
governed by and
construed in accordance
with the laws of the
State of Washington,
without giving effect to
any principles of
conflicts of law. You
agree that any action at
law or in equity arising
out of or relating to
the terms of this
Agreement shall be filed
only in the state or
federal courts located
in Seattle, Washington
and you hereby consent
and submit to the
personal jurisdiction of
such courts for the
purposes of litigating
any such action. If any
provision of this
Agreement shall be
unlawful, void, or for
any reason
unenforceable, then that
provision shall be
deemed severable from
this Agreement and shall
not affect the validity
and enforceability of
any remaining
provisions. This is the
entire agreement between
us relating to the
subject matter herein
and shall not be
modified except as
otherwise set forth
herein. No waiver of any
term, provision or
condition of this
Agreement, whether by
conduct or otherwise, in
any one or more
instances, shall be
deemed to be, or shall
constitute, a waiver of
any other term,
provision or condition
hereof, whether or not
similar, nor shall any
waiver constitute a
continuing waiver of any
such term, provision or
condition hereof. No
waiver shall be binding
unless executed in
writing by the party
making the waiver. You
agree that you will
execute and deliver to
us, in recordable form
if necessary, such
further documents,
instruments or
agreements, and shall
take such further
action, that may be
necessary or appropriate
to effectuate the
purposes of this
Agreement.
XVI. DIGITAL
SIGNATURE PROVISIONS
You represent and
warrant that you have
the legal right, power
and authority to agree
to the terms of this
Agreement on behalf of
yourself and the member,
buyer or supplier
participating in the
Site. You further agree
that your use
constitutes an
electronic signature as
defined by the
Electronic Signatures in
Global and National
Commerce Act ("E-Sign")
and the Uniform
Electronic Transactions
Act ("UETA") and that
you have formed,
executed, entered into,
accepted the terms of
and otherwise
authenticated this
Agreement and
acknowledged and agreed
that this Agreement is
an electronic record for
purposes of E-Sign, UETA
and the Uniform Computer
Information Transactions
Act and as such is
completely valid, has
legal effect, is
enforceable, and is
binding on, and
non-refutable by you and
the member, buyer or
supplier on whose behalf
you are acting.
XVII. NOTICE AND
PROCEDURE FOR MAKING
CLAIMS OF COPYRIGHT
INFRINGEMENT
Pursuant to Title 17,
United States Code,
Section 512(c)(2),
notifications of claimed
copyright infringement
should be sent to our
Designated Agent.
Notification must be
submitted to the
following Designated
Agent:
-
Service Provider(s):
OAC Networks /
Cedars Inn Hotel
-
Name of Agent
Designated to
Receive Notification
of Claimed
Infringement: Robert
Hunter
-
Full Address of
Designated Agent to
Which Notification
Should be Sent: 620
N Emerson Ave suite
301, Wenatchee WA
98801
-
Telephone Number of
Designated Agent:
(509) 667-4321
To
be effective, under
Title 17, United States
Code, Section 512(c)(3),
the notification must be
a written communication
that includes the
following:
-
A physical or
electronic signature
of person authorized
to act on behalf of
the owner of an
exclusive right that
is allegedly
infringed;
-
Identification of
the copyrighted work
claimed to have been
infringed, or if
multiple copyrighted
works at a single
online site are
covered by a single
notification, a
representative list
of such works at
that site;
-
Identification of
the material that is
claimed to be
infringing or to be
the subject of
infringing activity
and that is to be
removed or access to
which is to be
disabled, and
information
reasonably
sufficient to permit
the service provider
to locate the
material;
-
Information
reasonably
sufficient to permit
the service provider
to contact the
complaining party,
such as an address,
telephone number,
and if available, an
electronic mail
address at which the
complaining party
may be contacted;
-
A statement that the
complaining party
has a good faith
belief that use of
the material in the
manner complained of
is not authorized by
the copyright owner,
its agent, or the
law; and
-
A statement that the
information in the
notification is
accurate, and under
penalty of perjury,
that the complaining
party is authorized
to act on behalf of
the owner of an
exclusive right that
is allegedly
infringed.
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