BedandBreakfast.com TERMS OF USE
IMPORTANT: READ CAREFULLY
By accessing or using this web site, you accept these Terms of Use. This is a
legal agreement (the "Agreement") between you, the user, and ELG Hospitality
Incorporated, dba BedandBreakfast.com ("B&B.com").
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RIGHTS, RESPONSIBILITIES.
B&B.com grants you a non-transferable, non-exclusive license to access this
web site and to view and download information contained at this web site
(collectively, the "Site"), solely for your own personal, non-commercial use,
subject to your ongoing compliance with all terms of this Agreement. You agree
to be responsible for all access of this Site by your equipment or account,
whether by you or others. You are also solely responsible for providing and
maintaining all equipment, software and services needed to access and use the
Site. You agree not to use the Site for any unlawful purpose. You agree not to
rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market,
or transfer the Site or use it in any manner not expressly authorized by this
Agreement. You agree not to copy, reverse engineer, translate, port, modify or
make derivative works of the Site. You agree not to use the Site to operate a
service bureau or for any other use involving the processing of data of other
persons or entities. You do not receive any, and B&B.com retains all,
ownership rights in the Site. AntiSpam Policy - BedandBreakfast.com strictly
prohibits members from sending unsolicited mass emails or spam. Any member
using spamming techniques for soliciting referrals will be immediately
terminated. In addition, their mailing address will be ineligible for opening a
new membership account.
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EXCLUSION OF WARRANTY, LIABILITY. The Site is provided to you on an "AS
IS" and "WITH ALL FAULTS" basis. You assume the entire risk of loss in using
the Site. Due to its large size and complexity, the Site may contain
inaccuracies, omissions, errors or other defects. B&B.com and its suppliers
do not warrant that the Site will meet your needs or expectations, that the
Site will be error free or uninterrupted, that errors can or will be corrected,
that the Site is reliable or timely, or that any information on the Site will
provide any particular results or usefulness. B&B.com and its suppliers
reserve the right to make changes and improvements to, or discontinue, the Site
or any part thereof. Further, B&B.com does not represent that the Site is
appropriate or authorized for use in all countries, states, counties or other
jurisdictions; accordingly, you are responsible for compliance with all
applicable laws in accessing the Site. BB.com reserves the right to list any
property which, in BB.com's sole judgment, meets the general requirements of
the "bed & breakfast" customer including some properties that do not serve
breakfast, complimentary or otherwise.
B&B.COM AND ITS SUPPLIERS MAKE AND YOU RECEIVE NO WARRANTY, WHETHER EXPRESS
OR IMPLIED, AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY EXCLUDED AND
DISCLAIMED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, TITLE,
NON-INFRINGEMENT, AND FITNESS FOR ANY PARTICULAR PURPOSE.
IN NO EVENT SHALL B&B.COM OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES, CLAIM
OR LOSS INCURRED BY YOU (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL,
DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOST PROFITS,
LOST SALES OR BUSINESS, EXPENDITURES, INVESTMENTS, OR COMMITMENTS, LOSS OF ANY
GOODWILL, OR DAMAGES RESULTING FROM LOST, DAMAGED OR MISAPPROPRIATED DATA,
INABILITY TO USE DATA, DELAYS, INTERRUPTIONS, OR COMPUTER VIRUSES),
IRRESPECTIVE OF WHETHER B&B.COM OR ITS SUPPLIERS HAVE BEEN INFORMED OF,
KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS
LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT
LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE,
STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS, AS WELL AS THIRD-PARTY
CLAIMS. IF THE WARRANTY EXCLUSION OR LIMITATION OF LIABILITY SET FORTH IN THIS
AGREEMENT SHALL FOR ANY REASON WHATSOEVER BE HELD UNENFORCEABLE OR
INAPPLICABLE, USER AGREES THAT B&B.COM AND ITS SUPPLIERS' LIABILITY SHALL
NOT EXCEED $1 U.S. Some states do not allow the exclusion or limitation of
incidental or consequential damages or the limitation of duration of an implied
warranty, so the limitation or exclusion herein may not apply to you. This
warranty shall not be applicable to the extent that any provision of this
warranty is prohibited by any federal law, or by any state or local law which
cannot be preempted. This warranty gives you specific legal rights, and you may
also have other rights which vary from state to state.
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SUBMITTED INFORMATION.
You agree not to submit to the Site any information that infringes upon or
violates the privacy, rights, trademarks, copyrights or other intellectual
property rights of others, anything that is illegal, defamatory, obscene,
harassing, offensive, objectionable or sexually explicit, that encourages a
violation of the law, that contains a virus, that is off-topic, or, without
B&B.com's permission, that contains any solicitation or advertising. You
agree to indemnify and hold harmless B&B.com's from any damages and costs,
including without limitation court costs and attorneys' fees, arising from your
use of the Site. By submitting information to the Site, you grant B&B.com's
the royalty-free, perpetual, irrevocable, non-exclusive right to use, edit,
copy, modify, adapt, combine, incorporate, publish, publicly perform, translate
and distribute all or part thereof in any form and for any purpose whatsoever,
and you also permit other users of the Site to use that information subject to
the rules of the Site. B&B.com shall have the right, but not be obligated
to, monitor the Site to determine users' compliance with this Agreement and
applicable laws. B&B.com shall have the right in its sole discretion to not
publish or remove any submitted information.
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THIRD PARTY INFORMATION.
The Site may contain information submitted by third parties, including without
limitation users and suppliers, and may also contain links to third party
sites. Those third parties are solely responsible for the content, accuracy and
originality of the information they submit. B&B.com has no more control
over such third party content than does a public library, newsstand, or
bookstore, and B&B.com is not responsible for such third party content.
B&B.com does not evaluate or endorse any third party information. It is
your responsibility to evaluate all information provided on the Site, or to
obtain specific professional advice.
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COPYRIGHT, TRADEMARKS. This Site compilation and all portions authored
by B&B.com are Copyright © 1996-2008
ELG Hospitality Incorporated, dba BedandBreakfast.com, Golden, Colorado. All
rights reserved. Portions of the Site authored by third parties who have
licensed their material to B&B.com are owned by those respective third
parties. You agree not to alter or remove any copyright notice or proprietary
legend at Site.
BedandBreakfast.com, Inns&Outs, The Bed&Breakfast Club, The
Bed&Breakfast Channel, and InnKeepersOnly are trademarks or registered
trademarks of BedandBreakfast.com. Other products or names may be the
trademarks of their respective owners.
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MISCELLANEOUS.
This is the exclusive and entire Agreement between B&B.com and you
regarding its subject matter. You may not assign any part of this Agreement
without B&B.com's prior written consent. This Agreement shall be governed
by the internal laws of Colorado without reference to choice of law principles.
B&B.com may terminate or restrict your use of the Site at any time without
notice if B&B.com believes you have not fully complied with this Agreement.
Further, either party may terminate this Agreement at any time without cause;
upon termination for any reason, your obligations under this Agreement shall
continue, except that you agree to no longer access or use the Site. You
consent to exclusive jurisdiction and venue in the courts of Jefferson County,
Colorado for all matters arising out of or related to this Agreement or the
Site. You understand that B&B.com may comply with law enforcement requests
or subpoenas regarding your use of the Site. B&B.com reserves the right to
modify the terms of this Agreement at any time by posting the new terms on the
Site, which modifications shall take place immediately. No waiver by either
party of any breach or default hereunder shall be deemed to be a waiver of any
prior or subsequent breach or default. If any provision of this Agreement is
declared invalid or unenforceable, the remaining provisions of this Agreement
shall remain in effect and the invalid or unenforceable provision shall be
replaced by a valid, enforceable provision that effectuates the intent of the
original provision. B&B.com's suppliers, licensors, affiliates,
subsidiaries, employees and agents shall be third party beneficiaries of
B&B.com's rights under this Agreement. All rights not granted expressly by
this Agreement are reserved.
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COMMERCIAL COMPUTER SOFTWARE. All software and data on the Site is a
"commercial item," as that term is defined at 48 C.F.R. 2.101 (Oct. 1995)
consisting of "commercial computer software" and "commercial computer
documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995).
Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4
(June 1995), all U.S. Governmental users acquire the information with only
those license rights set forth herein. The Site and all portions are Copyright
© 1996-2008
ELG Hospitality Incorporated, dba BedandBreakfast.com, Golden, Colorado.
UNPUBLISHED. ALL RIGHTS RESERVED UNDER THE COPYRIGHT LAWS OF THE UNITED STATES.
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SPECIAL PROVISIONS FROM LICENSORS.
All information provided by third party licensors falls under Section 2
guidelines above and by using those services you agree to the clauses as found
in Section 2. Where warranties differ, a separate disclaimer/license will
appear on the third party licensor supplied pages. Use of those pages
constitutes acceptance of both the Section 2 license above and the third party
licensor's disclaimer/license.
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RESERVATIONS SERVICE.
You represent and warrant that you are of legal age to enter into this
Agreement and use the Site pursuant to this Agreement, and that the information
you submit will be true and accurate. You agree to pay for all goods and
services that you, or others using your account, order through the Site, and to
pay any taxes levied on your use of the Site or your transactions on the Site,
except for those based on B&B.com's annual net income. Additional terms and
conditions may apply to your purchase via the Site of goods and services from
third parties, and you agree to fully comply with those third parties' terms
and conditions.
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PRIVACY POLICY. B&B.com understands that the protection and security
of your account information, and any other information that is personally
identifiable, is of utmost importance. Personally identifying information from
users is collected only when the user fills out the registration form, or in
other site locations when users knowingly submit such information to
B&B.com (for example, when purchasing goods or services, such as making
travel reservations). When you obtain services or purchase goods from the Site
- for example, booking a reservation at an inn - the information you submit is
provided to the inn, travel agent, airline, car rental company, or other third
party supplier in order to successfully provide you with the services or goods
you have ordered.
We may disclose to third parties certain aggregate information contained in
your registration data or related data, provided that, such information will
not include personally identifying information, except as specifically
authorized by you or in the good faith belief that such action is reasonably
necessary to comply with the law, legal process, or to enforce the Agreement.
B&B.com may send you emails regarding special offers available or other
useful information. If you do no wish to receive these emails, you may send us
an email asking not to receive emails.
As do most major web sites, this Site may use cookies. Cookies are information
from the Site that is stored on your hard drive. Cookies save you time because
you do not need to manually reenter the information stored on your hard drive.
Cookies also help B&B.com upgrade the Site by showing when and how users
utilize the Site.
Cookies do not by themselves contain any personally identifying information,
but may be combined by B&B.com with other personally identifying
information already submitted. Some third parties on the Site (such as
advertisers) may send cookies to your hard drive, and such third party cookies
are subject to the policies of those third parties.
Your web browser in its default mode probably accepts cookies from this Site
and all others. If you wish, you can usually change the setting so that cookies
are not accepted by your browser. However, the Site may not function correctly.
Third Party Advertising
We use third-party advertising companies to serve banner ads when you visit our
Web site. These companies may use information (not including your name,
address, email address or telephone number) about your visits to this and other
Web sites in order to provide advertisements on this site and other sites about
goods and services that might be of interest to you. If you would like more
information about this practice and to know your choices about not having this
information used by these companies,
click here.
Third Party Cookies: In the course of serving advertisements to this site, our
third-party advertiser may place or recognize a unique cookie on your browser.