TERMS AND CONDITIONS OF USE
IMPORTANT! Before proceeding, your should read and become familiar with these Terms and Conditions of Use (“Terms and Conditions”) which govern your (the “User” or “you”) use of the Travelhost.com Web Site (the “Web Site”) provided by TRAVELHOST, Inc. (“TH”). These Terms and Conditions are subject to change by TH at any time in its discretion. Your use of the Web Site after such changes are implemented constitutes your acceptance of the changes. Please consult these Terms and Conditions regularly.
1. Acceptance of Terms and Conditions
Welcome to the Travelhost.com Web Site. The Web Site is provided free of charge to User (unless otherwise indicated) by TH. The Web Site includes all web pages controlled and/or operated by TH, including but not limited to all Content, features, and/or tools appearing throughout Travelhost.com. Although portions of the Web Site may be viewed simply by visiting it as a guest, in order to establish a personal account/profile, access certain features and tools, receive newsletters, participate on message boards, receive emails and newsletters, and/or to take advantage of special travel related services offered by TH or third party providers, Users need to register as a member of the Web Site. BY ACCESSING AND USING THE WEBSITE, WHETHER AS A GUEST OR AS A REGISTERED MEMBER, YOU ARE INDICATING YOU ARE AGREEING TO BE BOUND BY AND SUBJECT TO THESE TERMS AND CONDITIONS OF USE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME. TH’s Terms and Conditions, together with any applicable additional Terms and Conditions posted in connection with a particular feature, service or tool govern your use of the Web Site and all features, services or tools provided in connection with the Web Site.
If you do not agree to these Terms and Conditions, please do not use the Web Site, login or register as a member. If you do choose to access and use, login, and/or register for or enter the Web Site, these Terms and Conditions will apply to your continued use of the Web Site and all features and services available throughout the Web Site. Please check these areas before using the Web Site to determine whether a change has been made to these Terms and Conditions. If you do not agree to any changes in these Terms and Conditions as may occur from time to time, please arrange to terminate your registration with the Web Site immediately by (i) notifying TH of your unwillingness to accept the changes to the Terms and Conditions via email at firstname.lastname@example.org; and (ii) discontinuing your use of the Web Site. Your continued use of the Web Site will signify your acceptance of any change in the Terms and Conditions set forth herein.
From time to time TH may supplement these Terms and Conditions with additional terms pertaining to specific Content, features, services, or tools ("Additional Terms"), which Additional Terms may be placed on the Web Site to be viewed in connection with the Web Site’s specific Content, features, services, or tools and shall be identified as such. User understands and agrees that such Additional Terms are hereby incorporated by reference into these Terms and Conditions.
4. Permitted Use, Licenses, and Site Access.
User has a nonexclusive, nontransferable, limited, and revocable right to use the Web Site solely for User’s personal educational, informational, and entertainment use. User will not use the Web Site for any other purpose, including any commercial purpose, without TH’s express prior written consent. The limited license granted does not include any resale or commercial use of the Web Site or any of the Content accessible through use of the Web Site (“Content”); any derivative use of the Web Site or its Content; any downloading or copying of any Content for commercial use; or any use of data mining, robots, or similar data gathering and extraction tools. No portion of the Web Site shall be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of TH. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TH without express written consent. You may not use any meta-tags or any other “hidden text” utilizing TH’s name or trademarks without the express written consent of TH. Any unauthorized use terminates the permission or license granted by TH. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to Travelhost.com so long as the link does not portray TH, or its products or services, in a false, misleading, derogatory, or otherwise offensive manner. You may not use any TH logo or other proprietary graphic or trademark as part of the link without express written permission.
5. Proprietary Information.
User acknowledges and agrees that the Content accessible within the Web Site is the proprietary information of TH and its providers, and TH and its providers retain all right, title, and interest in the Content. Accordingly, User will not reproduce, transmit, publish or distribute such Content to any third party without the express written consent of TH or the applicable provider except that User may print out a copy of Content solely for User’s personal use. In doing so, User will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.
6. Electronic Communications.
When you visit the Web Site or send e-mails to TH, you are communicating with us electronically. You consent to receive communications from TH electronically. TH will communicate with you by e-mail or by posting notices on this Web Site. You agree that all agreements, notices, disclosures and other communications that TH provides to you electronically satisfy any legal requirements that such communications be in writing.
7. Comments, Reviews, Content Submission, and Use of Other Interactive Areas.
We appreciate hearing from you. The Web Site may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of travel experiences and/or travel service providers, messages, photos, videos, etc. (“interactive areas”). In addition, Users may send e-mails and other communications, as well as submit suggestions, ideas, comments, and questions. You are solely responsible for your use of such features and any Content posted by you must not be prohibited by these Terms and Conditions. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any communication or Content.
If you do post Content or submit materials or information (“Submissions”), unless we indicate otherwise, you (a) grant TH and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) grant TH and its affiliates and sub-licensees the right to use the name that you submit in connection with such Submission, if they choose. However, you acknowledge that TH may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a hotel review that you submit) at our discretion. You represent and warrant that you own or otherwise control all of the rights to the Content that you post; that the Content is accurate; that use of the Content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify TH and its suppliers/sub-licensees/affiliates for all claims resulting from Content you supply.
TH has the right but not the obligation to monitor and edit or remove any activity or Content. TH takes no responsibility and assumes no liability for any Content stored or uploaded by you or any third party, or for any loss or damage thereto, nor is TH liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, TH is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other interactive area. Although TH has no obligation to screen, edit or monitor any of the Content posted to or distributed through any interactive area posted by you or any third party, TH reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Web Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Web Site at your sole cost and expense.
You expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any Content:
- that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, or invasive of another's privacy, or harms minors in any way;
- that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- that purports to be from any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity;
- that includes personal or identifying information about another person without that person's explicit consent.
- that is false, deceptive, misleading, deceitful, mis-informative, or constitutes "bait and switch";
- that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
- that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," or "pyramid schemes."
- that constitutes or contains any form of advertising or solicitation if (1) posted in areas which are not designated for such purposes; or (2) emailed to Travelhost.com users who have requested not to be contacted about other services, products or commercial interests.
- that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law;
- that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
- that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
- contact anyone who has asked not to be contacted;
- "stalk" or otherwise harass anyone;
- collect personal data about other users for commercial or unlawful purposes;
- use automated means, including scripts, spiders, robots, crawlers, data mining tools, or the like to download data from or upload data to Travelhost.com;
- post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
- attempt to gain unauthorized access to Travelhost.com computer systems or any other user's computer systems, or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, Travelhost.com.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by TH or its licensees, successors and assigns; (c) you waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you release TH, and its licensees, successors and assigns, from any claims that you could otherwise assert against TH by virtue of any such moral rights.
8. Your Account.
To access some services/features and to contribute to the community conversation on Travelhost.com, you must first create an account and become a member. By registering on the Web Site with a login name and password, you automatically become a “member” of the Web Site. When you register on the Web Site, you may be required to provide TH with some or all of the following information: your name, e-mail address, physical address, zip code, country, gender, birth date, member name and password. In addition, you may choose to provide TH with additional information.
While membership grants certain privileges, it also carries with it many responsibilities.
You must provide and maintain accurate personal information in your account record. You may not impersonate anyone in either the private or public portions of your user profile. You may post information using only your own account, and you are responsible for anything posted under your identity, including defamatory material, illegal activity, and infringement of other people's intellectual property rights. You are responsible for maintaining the security of your account and the secrecy of your password. You may not share your password with any third party.
While some parts of Travelhost.com are open to all, membership is available only to persons aged 13 years and over. Under no circumstances may persons under the age of 13 register for an account, and Travelhost.com explicitly does not solicit or accept personally identifying information from persons under the age of 13. TH does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Travelhost.com only with involvement of a parent or guardian. TH reserves the right to refuse service, terminate accounts, remove or edit Content, or cancel orders in their sole discretion.
9. Third Party Travel Related Supplier Rules and Restrictions.
TH makes arrangements with third-party suppliers for air transportation, lodging, and car rental (each a” travel supplier”). TH is not an agent of the customer or of the travel supplier providing travel related services. By using this Site, you waive any claim against TH, its subsidiaries or affiliates, and any of such party's officers, directors, agents, contractors, or employees, and expressly agree that neither TH nor any of its subsidiaries, affiliates, officers, directors, agents, contractors or employees, shall be held liable for a) any loss of or damage to property or injury to any person caused by reason of any defect, negligence, or other wrongful act of omission of, or any failure of performance of any kind by any other transportation company, vendor, or travel supplier; b) any inconvenience, loss of enjoyment, mental distress or other similar matter; c) any delayed departure, missed connections, substitutions of accommodations, terminations of service, or changes in fares and rates; d) any cancellation or double booking of reservations or tickets beyond the reasonable control of TH; and e) any claim of any nature arising out of or in connection with air or other transportation, services, or other features performed or occurring in connection with any package component. Your sole remedy, if any, is with the specific travel supplier regarding your claim for that travel product and/or service and not TH.
Separate terms and conditions will apply to your reservation and purchase of travel- related goods and services that you select as offered on this Web Site. Please read these separate terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any travel supplier (and/or co-branded and/or linked Web Site partners of TH) with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the travel supplier’s rules and restrictions regarding availability and use of fares, products, or services. You acknowledge that some travel suppliers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such travel supplier's rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
10. Links to Other Sites.
The Web Site contains links to third-party web sites. The linked sites are not under the control of TH, and TH is not responsible for the contents of any linked site or any link contained in a linked site. TH is providing links only as a convenience, and the inclusion of a link does not imply endorsement of the linked site by TH or its affiliates. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Web Site or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature.
All Content included on this Web Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of TH or its Content suppliers and protected by United States and international copyright laws. The compilation of all Content on this site is the exclusive property of TH and protected by United States and international copyright laws. All software used on this Web Site is the property of TH or its software suppliers and protected by United States and international copyright laws.
12. Claims of Copyright Infringement.
If you believe in good faith that materials appearing on this Web Site infringe your copyright, you (or your agent) may send us a written notice that includes the following information:
- A clear identification of the copyrighted work you claim was infringed.
- A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Web Site, such as a link to the infringing material.
- Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
- A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."
- A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices with respect to this Web Site should be sent to:
TRAVELHOST National Headquarters
10701 N. Stemmons Frwy
Dallas, Texas 75220
We will review and address all notices that comply with the requirements above.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that you may be liable for damages if you make a false claim of copyright infringement.
- We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply.
- In the event you change or deactivate your mobile telephone number, you will update your account information on Travelhost.com within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
- You provide all rights necessary to enable users to sync (including through an application) their contact lists with any basic information and contact information that is visible to them on Travelhost.com, as well as your name and profile picture.
TH may modify these Terms and Conditions from time to time in its sole discretion. Each time you log on to Travelhost.com, you will be deemed to have accepted any such changes. In the event we modify these Terms and Conditions, we reserve the right (at TH’s discretion) to provide you notice of such changes to any e-mail address you have provided to TH, or post office address you have provided to TH.
TH may modify or discontinue Travelhost.com, or any portion thereof or any services or features related thereto, with or without notice to you and without liability to you or any third party, except as otherwise provided herein.
15. Promotional Messages.
TH and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. TH makes no representation or warranty with respect to the Content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither TH nor such third party shall have any liability with respect thereto.
16. Third Party Products or Services.
You may order services or merchandise through the Web Site from other persons, including co-branded and/or linked Web Site partners or others suppliers not affiliated with TH ("Seller"). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. TH makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider TH nor will TH be construed as a party to such transactions, whether or not TH may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
TH may include special routing icons which may be located within the Web Site, the activation of which will allow you to access and learn more about TH and other services provided by TH whereby the use of such icons is free of additional charge to you. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.
TRAVELHOST, TRAVELHOST MAGAZINE, TRAVELHOST EZ-FOLD MAP, TRAVELHOST DIGEST, MY TRAVELHOST, TH, TH & DESIGN, CONDO CONCIERGE, OCEAN FRONT LIVING, CLUBHOUSE LIVING, MARINE CONCIERGE, HAPPY CAMPER, TRAVELHOST OF ____________ [SPECIFIED DESTINATIONS], TRAVELHOST TRAVEL REGISTRY, TRAVELHOST AGENDA BUILDER, TRAVELHOST UNIVERSITY, and other Travelhost.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of TH in the United States and/or other countries. TH’s trademarks and trade dress may not be used in connection with any other person or entity’s product, service or business, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TH. All other trademarks not owned by TH that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TH.
18. Content Accuracy.
TH and its affiliates attempt to be as accurate as possible with respect to the Content of the Web Site, including the accuracy of information contained on the Web Site relating to service and product providers, local destination information, and miscellaneous other travel-related information. However, TH must, by necessity, rely upon information obtained from and/or supplied by third parties, and TH and its affiliates cannot and do not represent or warrant that such information is accurate, complete, reliable, current, or error-free.
19. Termination of Account.
Your account on Travelhost.com may be terminated at any time, with or without notice, for any violation of the foregoing terms, or any other legitimate, good-faith reason not enumerated above, in the sole discretion of TH. In the event your account is terminated, you agree that your sole recourse is to request reinstatement of your account and membership privileges by contacting Travelhost.com via: email@example.com. You may not open alternate accounts.
20. Software Available on the Web Site.
Any software that is made available to download from this Web Site ("Software") is the copyrighted work of TH, TH’s Affiliates, and/or our respective suppliers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Web Site not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Web Site in accordance with these terms and conditions and for no other purpose.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
21. Disclaimer of Warranties and Limitation of Liability.
WE TRY TO KEEP TRAVELHOST.COM UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. THIS WEB SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEB SITE (INCLUDING ANY OTHER SITES “HOT-LINKED” TO THIS WEB SITE) ARE PROVIDED BY TH AND/OR ITS CO-BRANDED AND/OR LINKED WEB SITE PARTNERS AND THIRD PARTY SUPPLIERS (“AFFILIATES”) ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TH AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEB SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEB SITE (OR THROUGH ANY “HOT-LINKED” SITES), UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TH AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TH AND ITS AFFILIATES DO NOT WARRANT THAT THIS WEB SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE (INCLUDING “HOT-LINKED” SITES), TH’S SERVERS, OR E-MAIL SENT FROM TH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TH AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEB SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEB SITE OR “HOT-LINKED” SITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. IN PARTICULAR, TH DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTIONS OF THE HOTEL, AIR, CRUISE, CAR AND OTHER TRAVEL PRODUCTS DISPLAYED ON THIS WEB SITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF HOTEL AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.), MUCH OF WHICH INFORMATION IS PROVIDED BY AFFILIATES.
HOTEL, AIR, TRAVEL AND OTHER BUSINESS RATINGS DISPLAYED ON THIS WEB SITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND TH AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF THE RATINGS. TH, ITS AFFILIATES AND THEIR RESPECTIVE SUPPLIERS MAKE NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS AND SERVICES. TH, ITS AFFILIATES AND THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEB SITE AT ANY TIME.
THE CARRIERS, HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF TH OR ITS AFFILIATES. TH AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. TH AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE USE OF THE SERVICE.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of TH, its Affiliates, and/or their respective suppliers.
22. Remedies for Breach of Terms and Conditions by User.
In the event TH determines, in its sole discretion, that you have breached any portion of these Terms and Conditions, or have otherwise demonstrated conduct inappropriate for the Web Site, TH reserves the right to (i) warn you via email (to any email address you have provided to TH) that you have violated these Terms and Conditions; (ii) delete any or all Content provided by you or your agent(s); (iii) discontinue your registration(s) with the Web Site; (iv) discontinue your subscription to any features, services or Content; (v) fully cooperate with proper law enforcement authorities for further action; and/or (vi) take any other action which TH deems to be appropriate.
If your registration is discontinued by TH due to your violation of any portion of these Terms and Conditions or for conduct otherwise inappropriate for the Web Site, then you agree that you shall not attempt to re-register with or access the Web Site through use of a different member name or otherwise.
23. Travel Destinations Outside the U.S.
Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. TH urges its Users to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.
24. Special Provisions Applicable to Users Outside the United States
This Web Site is operated by a U.S. entity and this Agreement is governed by the laws of the State of Texas, USA. Travelhost.com makes no representation that materials or Content available through Travelhost.com is appropriate or available for use outside the U.S. and access to them from territories where the Content is illegal is prohibited.
TH strives to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to Users outside the U.S:
- You consent to having your personal data transferred to and processed in the U.S.
- If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on Travelhost.com (such as advertising or payments) or operate a platform application or website.
- You may not use Travelhost.com or export the Content in violation of U.S. Export laws and regulations.
- If you access Travelhost.com from a location outside the U.S., you are responsible for compliance with all local laws of your jurisdiction that may apply.
25. Applicable Governing Law, Venue, and Jurisdiction.
By visiting Travelhost.com, you agree that the laws of the State of Texas, without regard to principles of conflict of laws that would result in the application of the laws of any other jurisdiction, will govern these Terms and Conditions and any dispute of any kind that might arise between you and TH. You further agree that any legal action, suit, or proceeding arising out of or relating to your use of the Web Site, including any products or services purchased through the Web Site, shall be exclusively instituted in a state or Federal court located in Dallas, Texas, and you irrevocably submit to the jurisdiction of any such court in any such action, suit or proceeding and hereby agree not to assert, by way of motion, as a defense or otherwise, in any such action, suit or proceeding, any claim that (a) you are not subject personally to the jurisdiction of such court, (b) the venue is improper, or (c) these Terms and Conditions or the subject matter hereof may not be enforced in or by such court.
You agree that no joint venture, partnership, or employment relationship exists between you and TH as a result of this Agreement or use of the Web Site.
Our performance is subject to existing laws and legal process, and nothing contained in these Terms and Conditions limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Web Site or information provided to or gathered by us with respect to such use.
If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the Terms and Conditions shall continue in effect.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
27. Service Help.
For answers to frequently asked questions access, visit www.travelhost.com/faq.php. Or, you can write to us at:
10701 N. Stemmons Frwy
Dallas, Texas, USA
©2014 TRAVELHOST, Inc. All rights reserved.