PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS SITE.
Hospitality Marketing Consultants LLC (4701 Von Karman Ave, Suite 300, Newport Beach, California
92660, USA, Tel: 949-833-8000) provides this web site and all site-related services
(collectively, the “Site”) subject to your compliance with the terms and conditions
set forth in this agreement (the “Agreement”). This Agreement governs the relationship
between Company and you, the Site visitor and/or member (“you”) with respect to
your use of the Site. It is important that you read carefully and understand the
terms and conditions of this Agreement. By using the Site, you agree to be bound
by this Agreement. If you do not agree to these terms and conditions, please do
not use the Site.
We reserve the right at any time to:
- Change the terms and conditions of this Agreement;
- Change the Site, including eliminating or discontinuing any content on or
feature of the Site; or
- Change our policies regarding fees or charges for use of the Site.
Any changes we make will be effective immediately upon notice, which we may provide
by means including, without limitation, posting on the Site. Your continued use
of the Site after such notice will be deemed acceptance of such changes. Be sure
to return to this page periodically to ensure familiarity with the most current
version of this Agreement. Upon our request, you agree to sign a non-electronic
version of this Agreement. You may download and print a copy of this Agreement.
1. Materials. The information and materials provided through the Site, including
any data, text, graphics, images, audio and video clips, logos, icons, software
and links (collectively, the “Materials”), are intended to educate and inform you
about the VOILÀ Hotel Rewards Program. The Materials remain the property of Company
or its licensors or suppliers, including but not limited to the participating VOILÀ
hotels. Use of Materials is conditioned on acceptance of the terms and conditions
of any license agreements relating to such Materials, including this Agreement and
agreements of third parties. By using the Materials, you agree to such terms and
conditions. You may not download, copy or use any of the Materials except as expressly
authorized by this Agreement and, in any event, you may not distribute, modify,
transmit or publicly display the Materials without the written consent of Company
or, if so indicated in writing by Company, its licensors or suppliers.
2. Registration. Some areas of the Site may require you to be or become a VOILÀ
Hotel Rewards Program member. When and if you register to become a member, you agree
to (a) provide accurate, current and complete information about yourself as prompted
by our registration form (including your email address) and (b) maintain and update
your information (including your email address) to keep it accurate, current and
complete. You acknowledge that, if any information provided by you is untrue, inaccurate,
not current or incomplete, we reserve the right to terminate this Agreement and
your use of the Site.
As part of the registration process, you will be asked to select a username and
password. We may refuse to grant you a username that impersonates someone else,
is or may be illegal, is or may be protected by trademark or other proprietary rights
law, is vulgar or otherwise offensive, or may cause confusion, as determined by
us in our sole discretion. You will be responsible for the confidentiality and use
of your username and password and agree not to transfer or resell your use of or
access to the Site to any third party. If you have reason to believe that your account
with us is no longer secure, you must promptly change your password by visiting
www.vhr.com/join/ and immediately notify us of the
problem by emailing us at help@vhr.com.
YOU
ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND
PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT
ARE CONDUCTED THROUGH YOUR ACCOUNT.
3. Code of Conduct. While using the Site and/or Materials, you agree not to:
- Restrict or inhibit any other visitor or member from using the Site, including,
without limitation, by means of “hacking” or defacing any portion of the Site;
- Use the Site or Materials for any unlawful purpose;
- Express or imply that any statements you make are endorsed by us, without
our prior written consent;
- Transmit (a) any content or information that is unlawful, fraudulent, threatening,
abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes
our or any third party’s intellectual property or other rights; (b) any material,
non-public information about companies without the authorization to do so; (c)
any trade secret of any third party; or (d) any advertisements, solicitations,
chain letters, pyramid schemes, investment opportunities or other unsolicited
commercial communication (except as otherwise expressly permitted by us),
- Engage in spamming or flooding;
- Transmit any software or other materials that contain any viruses, worms,
trojan horses, defects, date bombs, time bombs or other items of a destructive
nature;
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile
or disassemble any portion of the Site;
- Remove any copyright, trademark or other proprietary rights notices contained
in the Site or Materials;
- “Frame” or “mirror” any part of the Site without our prior written authorization;
- Link to any page of or content on the Site other than the URL located at
http://www.vhr.com/;
- Use any robot, spider, site search/retrieval application or other manual
or automatic device or process to retrieve, index, “data mine” or in any way
reproduce or circumvent the navigational structure or presentation of the Site
or its contents; or
- Harvest or collect information about Site visitors or members without their
express consent.
While using the Site and/or Materials, you agree to comply with all applicable
laws, rules and regulations. We reserve the right to disable your access to the
Site and to remove any content you may have stored on .the Site without further
notice if you do not comply with the requirements stipulated in this Agreement.
4. Making purchases. If you wish to purchase products or services described on
the Site, you will be asked by Company or the third party provider of the product
or service to supply certain information applicable to your purchase, including,
without limitation, credit card and other information. You understand that any such
information will be treated by Company in the manner described in our Privacy Policy,
which can be found at http://www.vhr.com/privacy/.
You agree that all information that you provide to Company or such third party provider
will be accurate, current and complete. You agree to pay all charges incurred by
you or any users of your account and credit card (or other applicable payment mechanism)
at the price(s) in effect when such charges are incurred. You will also be responsible
for paying any applicable taxes relating to your purchases.
Descriptions or images of, or references to, products or services on the Site
do not imply Company’s endorsement of such products or services. We reserve the
right, without prior notification, to change such descriptions or references, to
limit the order quantity on any product or service and/or to refuse service to you.
Verification of information applicable to a purchase may be required prior to Company’s
acceptance of any order. Price and availability of any product or service are subject
to change without notice. Current rates for any product or service available through
the Site may be obtained by calling our Member Services
Department.
5. Information Provided by Company. Although Company strives to provide Materials
that are both useful and accurate, laws, regulations, data and other information
change frequently and are subject to varying interpretations. In addition, the facts
and circumstances of every situation differ. Accordingly, although Company endeavors
to use reasonable care in assembling the Materials, the Materials may not be up-to-date,
accurate or complete. Please contact our Member Services
Department to determine whether you have the most recent version of the Materials
made generally available by Company, although even the most recent version available
from Company may not be up-to-date, accurate or complete.
In addition, portions of the Materials have been contributed to the Site by various
industry specialists and service providers. The inclusion of such information does
not indicate any approval or endorsement of such providers, and Company expressly
disclaims any liability with respect to the foregoing.
Company hopes and believes that the Materials will be helpful as background reference,
but they should not be construed as legal, accounting or other professional advice
on any subject matter. Company has endeavored to comply with legal and ethical requirements
known to the Company personnel who compiled this Site, but Company is not engaged
in rendering legal, accounting or other professional services, and availability
or use of the Materials is not intended to create, and does not create, any attorney-client,
accounting-client or other professional services relationship. Use of the Materials
is not an adequate substitute for obtaining legal, accounting or other professional
advice from a licensed provider in your jurisdiction. You agree you will not act
or refrain from acting based on any of the Materials without first seeking the services
of a competent professional.
6. Submissions and Postings. Please note that, because we and our designees host
message boards and other forums found on the Site (collectively, the “Forums”) and,
therefore, redistribute materials you give to us, we require certain rights in those
materials Accordingly, by sending or transmitting to us creative suggestions, ideas,
notes, concepts, information or other materials (collectively, “Submissions”), or
by posting such Submissions to any area of the Site, you grant us and our designees
a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable,
royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through
multiple tiers), create derivative works of, publicly perform, publicly display,
digitally perform, make, have made, sell, offer for sale and import such Submissions
in any media now known or hereafter developed, for any purpose whatsoever, commercial
or otherwise, without compensation to the provider of the Submissions. None of the
Submissions will be subject to any obligation, whether of confidentiality, attribution
or otherwise, on our part and we will not be liable for any use or disclosure of
any Submissions.
7. Forums. Our Forums are designed to [enhance customer service, allow customers
to provide hotel reviews, and provide other information] [Peter and Noushin to confirm/edit
purposes]. Information on our Forums is provided by our staff and other contributors,
some of whom use anonymous screen names and are people not otherwise connected with
Company. You acknowledge that a large volume of information is available in our
Forums and that people participating in such Forums occasionally post messages or
make statements, whether intentionally or unintentionally, that are inaccurate,
misleading or deceptive. We neither endorse nor are responsible for such messages
or statements, or for any opinion, advice, information or other utterance made or
displayed on the Site or Forums by third parties, whether such third parties are
visitors to the Site, members of the Company community or others. The opinions expressed
in the Forums reflect solely the opinion(s) of the participants and may not reflect
the opinion(s) of Company. We are not responsible for any errors or omissions in
articles or postings, for hyperlinks embedded in messages or for any results obtained
from the use of such information. We cannot and will not review messages, statements,
or other content which may be generated or posted on the Forum. Under no circumstances
will we or our affiliates, suppliers or agents be responsible or liable for any
loss or damage caused by your reliance on such information obtained through the
Site.
We have no obligation to monitor the Site or the Forums, or any Submissions or
other materials that you or other third parties transmit or post on the Site or
the Forums. You acknowledge and agree that we have the right (but not the obligation)
to monitor the Site and the Forums and the materials you transmit or post; to alter
or remove any such materials (including, without limitation, any posting to a Forum);
to disclose such materials and the circumstances surrounding their transmission
to any third party in order to operate the Site properly; to protect ourselves,
our sponsors and our members and visitors; and to comply with legal obligations
or governmental requests.
8. Links. The Site contains links to other Internet web sites, including affiliated
web sites which may or may not be owned or operated by Company. Company has not
reviewed all of the web sites that are linked to the Site, and Company has no control
over such sites. Unless otherwise explicitly stated, Company is not responsible
for the content of such web sites, any updates or changes to such sites, or the
privacy or other practices of such sites, and the fact that Company offers such
links does not indicate any approval or endorsement of any material contained on
any linked site. Company is providing these links to you only as a convenience.
Accordingly, we strongly encourage you to become familiar with the terms of use
and practices of any linked site. Further, it is up to you to take precautions to
ensure that whatever links you select or software you download (whether from the
Site or other sites) is free of such items as viruses, worms, trojan horses, defects,
date bombs, time bombs and other items of a destructive nature.
9. Claims of Copyright Infringement. The Digital Millennium Copyright Act of
1998 (the “DMCA”) provides recourse for copyright owners who believe that material
appearing on the Internet infringes their rights under U.S. copyright law. If you
believe in good faith that materials hosted by Company infringe your copyright,
you (or your agent) may send us a notice requesting that the material be removed,
or access to it blocked. The notice must include the following information: (a)
a physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed; (b) identification of the
copyrighted work claimed to have been infringed (or if multiple copyrighted works
located on the Site are covered by a single notification, a representative list
of such works); (c) identification of the material that is claimed to be infringing
or the subject of infringing activity, and information reasonably sufficient to
allow Company to locate the material on the Site; (d) the name, address, telephone
number and email address (if available) of the complaining party; (e) 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 (f) 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. If you believe in
good faith that a notice of copyright infringement has been wrongly filed by Company
against you, the DMCA permits you to send Company a counter-notice. Notices and
counter-notices must meet the then-current statutory requirements imposed by the
DMCA; see http://www.loc.gov/copyright/
for details. Notices and counter-notices with respect to the Site should be sent
to Hospitality Marketing Concepts, Attention: Peter Gorla, 4701 Von Karman Avenue,
Suite 300, Newport Beach, CA 92660, USA, Phone: (949) 833-8000, E-mail:
copyright@vhr.com. We suggest that you consult your
legal advisor before filing a notice or counter-notice. Also, be aware that there
can be penalties for false claims under the DMCA.
10. Ownership and Restrictions on Use. The Site is owned and operated by Company
in conjunction with others pursuant to contractual arrangements, and the Materials
(and any intellectual property and other rights relating thereto) are and will remain
the property of Company and its licensors and suppliers. The Materials and the selection,
compilation, collection, arrangement and assembly thereof are protected by U.S.
and international copyright, trademark and other laws, and you acknowledge that
these rights are valid and enforceable. You may not copy, reproduce, republish,
upload, post, transmit or distribute Materials or other content or information available
on or through the Site in any way without our prior written permission. The Materials
may be used solely to the extent necessary for your authorized use of the Site,
as provided in this Agreement or as expressly authorized in writing by Company or,
if so indicated in writing by Company, its licensors or suppliers. Modification
of the Materials or use of the Materials for any other purpose is a violation of
our copyright and other proprietary rights, and is strictly prohibited. You acknowledge
that you do not acquire any ownership rights by using the Site or the Materials.
The trademarks, logos, and service marks displayed on the Site (collectively
the “Trademarks”) are the registered and unregistered trademarks of Company, Company’s
licensors and suppliers, and others. The Trademarks owned by Company, whether registered
or unregistered, may not be used in connection with any product or service that
is not Company’s, in any manner that is likely to cause confusion with customers,
or in any manner that disparages Company. Nothing contained on the Site should be
construed as granting, by implication, estoppel or otherwise, any license or right
to use any Trademark without the express written permission of Company, Company’s
licensors or suppliers, or the third party owner of any such Trademark. Misuse of
any Trademarks is prohibited, and Company will aggressively enforce its intellectual
property rights in such Trademarks, including via civil and criminal proceedings.
11. Access By Minors. Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby
notify you that parental control protections (such as computer hardware, software
or filtering services) are commercially available that may assist you in limiting
access to material that is harmful to minors. Information identifying current providers
of such protections is available at the web sites of the Electronic Frontier Foundation
(http://www.eff/org/pub/Censorship/Ratings_filters_labelling/) and of America Links
Up (http://www.netparents.org/parentstips/browsers.html).
12. Jurisdictional Issues. The Site is operated from the United States and the
products and/or services described in and available through the Site may not be
available in your country or region. We make no representation that products, services
or Materials available on or through the Site are appropriate or available for use
in any particular location. Those who choose to access the Site do so on their own
initiative and at their own risk, and are responsible for compliance with local
laws, if and to the extent local laws are applicable. If use of the Site and/or
viewing or use of any Material, service or product offered violates or infringes
any applicable law in your jurisdiction, you are not authorized to view the Site
and must exit immediately. Your viewing and/or use of the Site constitutes your
representation that you are unconditionally and without limitation permitted to
view and use the Site, and we rely upon such representation.
We reserve the right to limit the availability of the Site and/or the provision
of any service or product to any person, geographic area or jurisdiction, at any
time and in our sole discretion, and to limit the quantities of any such service
or product that we provide.
13. Rules for Sweepstakes, Contests and Games. Any sweepstakes, contests or games
that are accessible through the Site are governed by specific rules. By entering
such sweepstakes or contests or participating in such games you will become subject
to those rules. We urge you to read the applicable rules, which are linked from
the particular activity, and to review our Privacy Policy which, in addition to
this Agreement, governs any information you submit in connection with such sweepstakes,
contests and games.
14. Termination. This Agreement shall remain effective until terminated in accordance
with its terms. Either party may terminate this Agreement immediately upon notice
to the other party. In addition, we reserve the right to immediately terminate this
Agreement, and/or your access to and use of the Site or any portion thereof, at
any time and for any reason, with or without cause. Upon termination of this Agreement
by either party, your right to use the Site shall immediately cease, and you shall
destroy all Materials obtained from the Site and all copies thereof, whether made
under the terms of this Agreement or otherwise.
15. Disclaimers. THE SITE, THE MATERIALS ON THE SITE, ANY PRODUCT OR SERVICE
OBTAINED THROUGH THE SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, COMPANY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND
AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS
FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING,
COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion
of implied warranties, so the above exclusions may not apply to you. COMPANY
AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT
WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS
HOSTED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU
ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND
OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE
THEREON. NO OPINION, ADVICE OR STATEMENT OF COMPANY OR ITS AFFILIATES, LICENSORS,
SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE
SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY MATERIALS
PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.
A possibility exists that the Site, Materials or Forums could include inaccuracies
or errors, or information or materials that violate these Terms of Use (specifically,
the Code of Conduct above). Additionally, a possibility exists that unauthorized
alterations could be made by third parties to the Site, Materials or Forums. Although
we attempt to ensure the integrity of the Site, we make no guarantees as to the
Site’s completeness or correctness. In the event that a situation arises in which
the Site’s completeness or correctness is in question, please contact us at
help@vhr.com with, if possible, a description
of the material to be checked and the location (URL) where such material can be
found on the Site, as well as information sufficient to enable us to contact you.
We will try to address your concerns as soon as reasonably practicable. For copyright
infringement claims, see the section on “Claims of Copyright Infringement,” above.
16. Limitation of Liability. NEITHER COMPANY NOR ANY OF OUR AFFILIATES, LICENSORS,
SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES,
CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST
PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING
OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE,
ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE
REMEDY FOR DISSATISFACTION WITH THE SITE, MATERIALS, OR ANY LINKED SITE IS TO STOP
USING THE SITE, MATERIALS OR LINKED SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE
MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER
IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL
BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE. Some states do
not allow the exclusion or limitation of incidental or consequential damages, so
the above limitation or exclusion may not apply to you.
17. Indemnification. You agree to indemnify, defend and hold Company, our affiliates,
licensors, suppliers, advertisers and sponsors, and our and their directors, officers,
employees, consultants, agents and other representatives, harmless from and against
any and all claims, damages, losses, costs (including reasonable attorneys’ fees)
and other expenses that arise directly or indirectly out of or from (a) your breach
of this Agreement, including any violation of the Code of Conduct, above; (b) any
allegation that any Submissions or other materials you submit to us or transmit
to the Site infringe or otherwise violate the copyright, trademark, trade secret
or other intellectual property or other rights of any third party; and/or (c) your
activities in connection with the Site.
18. Questions. The Site is provided by Hospitality Marketing Consultants LLC. If
you have any questions, comments or complaints regarding this Agreement or the Site,
feel free to contact us at 4701 Von Karman Ave, Suite 300, Newport Beach,
California 92660, USA, Tel: 949-833-8000 or help@vhr.com.
19. Notice for California Users. Under California Civil Code Section 1789.3,
California Site users are entitled to the following specific consumer rights notice:
The Complaint Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite
1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
20. Miscellaneous. This Agreement is governed by and construed in accordance
with the laws of the State of California, United States of America, without regards
to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction
of any State or Federal court located in the County of Orange, United States of
America, and waive any jurisdictional, venue or inconvenient forum objections to
such courts. If any provision of this Agreement is found to 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 supersedes any and all prior or contemporaneous written or oral Agreements
between us with respect to such subject matter. This Agreement is not assignable,
transferable or sublicenseable by you except with Company’s prior written consent.
No waiver by either party of any breach or default hereunder shall be deemed to
be a waiver of any preceding or subsequent breach or default. Any heading, caption
or section title contained in this Agreement is inserted only as a matter of convenience
and in no way defines or explains any section or provision hereof.
Please read our Internet Privacy Policy and the
VOILÀ Hotel Rewards Membership Privacy Policy.