Website Terms
of Use
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Welcome to this
Technology Mix Web site (this
"Web Site"). Technology
Mix provides this Web Site subject to
the following terms of use (these
"Terms"). These Terms explain a
contractual agreement between you (
"User," "You," "Your") and
Technology Mix ( "We," "Us,"
"Our") regarding Your use of this Web
Site. You should print a copy of these Terms for
Your records. Please note, however, that We may
update and amend these Terms from time to time.
1. WHAT YOU SHOULD
KNOW
The goal of
this Web Site is to provide You with access to
information about Our facilities, services,
products, and related links to meet Your needs
(the "Content"). The Terms are
meant to protect all of Our visitors to this Web
Site, and Your access to and use of this Web
Site signifies Your agreement with these Terms.
DO NOT USE THIS WEB SITE IF YOU DO NOT
AGREE WITH THESE TERMS. We reserve the
right, in Our sole discretion, to modify, alter
or otherwise update these Terms at any time.
Such modifications, alterations, and updates
shall be effective immediately upon posting. You
agree to be bound by such modified, altered, and
updated Terms if You access or use this Web Site
after We have posted notice of such
modifications, alterations or updates.
Consistent with Our goals, this Web Site will
permit You to link to many other Web sites that
may or may not be affiliated with this Web Site
and/or with Us. The other linked Web sites have
different terms of use that are not the same as
these Terms. Your access to and use of such
linked Web sites through links provided on this
Web Site is governed by the terms of use and
policies of those sites, not this Web Site.
2. PRIVACY
Registration
data and certain other information about You is
subject to our Privacy Policy. For more
information, please review Our
Privacy Policy.
3. USE OF THIS
WEB SITE
We control and
operate this Web Site. All Content on this Web
Site, including, but not limited to, text,
photographs, images, illustrations, audio clips,
and video clips, is protected by copyrights,
trademarks, service marks, and/or other
intellectual property rights (which are governed
by United States and worldwide copyright laws
and treaty provisions, privacy and publicity
laws, and communication regulations and
statutes). The Content is owned and controlled
by Us or Our affiliates, or by third party
content providers, merchants, sponsors and
licensors (collectively the "Providers")
that have licensed their content or the right to
market their products and/or services to Us.
Content on this Web Site or any Web site owned,
operated, licensed or controlled by the
Providers is solely for Your personal,
non-commercial use. You agree to abide by all
additional copyright notices, information, or
restrictions contained in any Content. You may
download a single copy of any Content contained
on this Web Site, solely for Your personal,
non-commercial use, consistent with these Terms,
provided that You maintain all copyright and
other notices contained in such Content.
You may
not copy, reproduce, republish, upload,
post, transmit, distribute, and/or exploit the
Content in any way (including by e-mail or other
electronic means) for commercial use without the
prior written consent of Us or the Providers.
You may request consent by faxing a request to
Technology Mix's Legal Department
at 626-574-9633. Your modification of the
Content, use of the Content on any other Web
site or networked computer environment, or use
of the Content for any purpose other than
personal, non-commercial use, without the prior
written consent of Us or the Providers, violates
the intellectual property rights and proprietary
rights of the Content owners and is prohibited.
You may not use
on Your Web site any registered or unregistered
trademarks, service marks or copyrighted
materials appearing on this Web Site, including
but not limited to any logos or characters,
without the express written consent of the owner
of the mark or copyright. You may not
frame, deep link, or otherwise incorporate into
another Web site any of the Content or other
materials on this Web Site without Our express
prior written consent.
Violation of
trademark and copyright laws may result in
significant civil liability or criminal
penalties under United States and/or worldwide
copyright and trademark laws. You recognize that
any reproduction or use of Content, except as
authorized by these Terms, is considered
intentional infringement.
4. USER'S
RESPONSIBILITIES
You warrant and
represent to Us that You will not use this Web
Site for any purpose that is unlawful or
prohibited by these Terms, including without
limitation the posting or transmitting any
threatening, libelous, defamatory, obscene,
scandalous, inflammatory, pornographic, or
profane material. If You violate any of these
Terms, Your permission to use this Web Site
immediately terminates without the necessity of
any notice. We retain the right to deny access
to anyone at Our discretion for any reason,
including for violation of these Terms.
You are solely
responsible for Your Information, and We act as
a passive conduit for Your online distribution
and publication of Your Information. As used in
these Terms, "Information"
means any information or data that You submit to
this Web Site and any information or data that
is generated by this Web Site as a result of
Your use of this Web Site.
In the event
that You are provided with User identification
numbers or codes (collectively, " ID's"),
confirmation numbers, and/or passwords (as
applicable) in the use of this Web Site, You
shall maintain such User ID's, confirmation
numbers, and/or passwords in confidence and You
agree not to distribute or disclose the same to
third parties. It is Your responsibility to
notify Us if We need to change or discontinue
any of Your ID's, confirmation numbers, or
passwords. It is also Your responsibility to
immediately request discontinuation of an ID,
confirmation number, or password upon Your
knowledge or belief that such ID, confirmation
number, and/or password is, or may be subject
to, a breach of confidentiality. We may suspend
or terminate Your service or access to this Web
Site if We believe a breach of these Terms has
occurred.
You agree to
provide true, accurate, current and complete
Information. If You provide any Information that
is untrue, inaccurate, not current or incomplete
(or We have reasonable grounds to suspect that
such Information is untrue, inaccurate, not
current or incomplete), We have the right to
suspend or terminate Your access and activity,
and refuse any and all current or future use of
this Web Site.
5. PROHIBITED
ACTIVITIES
You are
specifically prohibited from any use of this Web
Site, and You agree not to use or permit others
to use this Web Site, for any of the following:
(a) take any action that imposes an unreasonable
or disproportionately large load on the Web
Site's infrastructure, including but not limited
to "spam" or other such unsolicited mass
e-mailing techniques; (b) disclose to, or share
with, the assigned confirmation numbers and/or
passwords with any unauthorized third parties or
using the assigned confirmation numbers and/or
passwords for any unauthorized purpose; (c)
attempt to decipher, decompile, disassemble or
reverse engineer any of the software or HTML
code comprising or in any way making up a part
of this Web Site; (d) upload, post, emailing or
otherwise transmitting any Information, Content,
or proprietary rights that You do not have a
right to transmit under any law or under
contractual or fiduciary relationships; (e)
violating any applicable local, state, national
or international law, including, but not limited
to, any regulations having the force of law;
and, (f) using any robot, spider, intelligent
agent, other automatic device, or manual process
to search, monitor or copy Our Web pages, or the
Content without Our prior written permission,
provided that generally available third party
Web browsers such as Netscape Navigator® and
Microsoft Internet Explorer® may be used without
such permission.
6. INFORMATION
POSTED TO WEB SITE
With respect to
all Information You elect to post to publicly
accessible areas of the Web Site, You agree that
We have the right to use, reproduce, modify,
publish, perform and display such Information
(in whole or part) worldwide; provided that such
use is subject to the terms of
Our Privacy Policy.
You acknowledge
and agree that We may preserve Information and
may also disclose Information if required to do
so by law or in the good faith belief that such
preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b)
enforce the Terms; (c) respond to claims that
any Information violates the rights of third
parties; or (d) protect the rights, property, or
personal safety of Our business, employees,
Providers, affiliates, users, and/or the public.
7. LINKS TO
OTHER WEB SITES
This Web Site
may contain links to third party and/or other
Technology Mix-affiliated Web sites not under
Our control or operation (the "Linked
Sites"). The links will let You leave
this Web Site, and You access them at Your own
risk. You acknowledge that We provide the Linked
Sites for Your convenience and information only.
We do not endorse nor are We responsible for any
content, information, or other related materials
found at any such Linked Sites or any links
contained within such Linked Sites, whether or
not We are affiliated with the owners of such
Linked Sites. Moreover, We do not control any
use of content, information or other related
material that You provide to, or is collected
and/or tracked by, such Linked Sites. Such use
by Linked Sites is governed by the terms of use
statements and/or privacy policies of such
Linked Sites, not this Web Site, and as a result
may differ from Ours. You may not establish a
hyperlink to this Web Site or provide any links
that state or imply any sponsorship or
endorsement of Your Web site by Us or the
Providers.
8. DEALINGS
WITH ADVERTISERS
Your
correspondence or business dealings with, or
participation in promotions of, advertisers
found on or through this Web Site, including
payment and delivery of related goods or
services, and any other terms, conditions,
warranties, or representations associated with
such dealings are solely between You and such
advertiser. You agree that We (and the
Providers) shall neither be responsible nor
liable for any loss or damage incurred by You as
the result of any such dealings or as the result
of the presence of such advertisers on this Web
Site.
9. NO
WARRANTIES
ALL CONTENT ON
THIS WEB SITE IS PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR
IMPLIED. OTHER THAN THOSE WARRANTIES WHICH,
UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS,
ARE IMPLIED BY LAW AND ARE INCAPABLE OF
EXCLUSION, RESTRICTION, OR MODIFICATION, WE
DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
NEITHER WE, OUR
AFFILIATED OR RELATED ENTITIES, NOR THE
PROVIDERS, NOR ANY PERSON INVOLVED IN THE
CREATION, PRODUCTION, AND DISTRIBUTION OF THIS
WEB SITE, WARRANT THAT THE FUNCTIONS CONTAINED
IN THIS WEB SITE WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE
WILL BE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS
WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE
AND INFORMATION ONLY. WE DO NOT WARRANT OR MAKE
ANY REPRESENTATIONS REGARDING THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THIS WEB SITE,
OR AS TO THE RELIABILITY, ACCURACY, USEFULNESS,
OR CURRENCY OF ANY CONTENT, SERVICE, AND/OR
MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF
THIS WEB SITE.
WE ARE A
DISTRIBUTOR AND NOT A PUBLISHER. WE HAVE NO MORE
EDITORIAL CONTROL OVER SUCH INFORMATION AND
CONTENT THAN DOES A PUBLIC LIBRARY OR NEWSSTAND.
ANY OPINIONS, ADVICE, STATEMENTS, SERVICES,
OFFERS, OR OTHER INFORMATION EXPRESSED OR MADE
AVAILABLE BY THIRD PARTIES (INCLUDING IN THE
LINKED SITES) ARE THOSE OF THE RESPECTIVE
AUTHORS OR DISTRIBUTORS OF SUCH CONTENT.
YOU USE
THIS WEB SITE AT YOUR OWN RISK. YOU
(AND NOT US) ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING (INCLUDING WITHOUT
LIMITATION YOUR INTERNET CONNECTION) AND REPAIR
OR CORRECTION OF YOUR SYSTEM.
10. LIMITATION
OF LIABILITY
IN NO EVENT
SHALL WE NOR OUR AFFILIATED OR RELATED ENTITIES
(INCLUDING PROVIDERS), NOR ANY OF OUR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, NOR
ANY PERSON OR ENTITY INVOLVED IN THE CREATION,
PRODUCTION AND DISTRIBUTION OF THIS WEB SITE, BE
LIABLE FOR ANY INDIRECT, CONSEQUENTIAL,
INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY
DAMAGES WHETHER ARISING UNDER CONTRACT,
WARRANTY, OR TORT (INCLUDING NEGLIGENCE) OR ANY
OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER
WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY
OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION
FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE
OR ANY OTHER LINKED SITE.
OUR LIABILITY,
AND THE LIABILITY OF OUR PROVIDERS, TO YOU OR
ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED
TO THE LESSER OF (A) THE AMOUNT OF FEES YOU PAY
TO US IN THE 12 MONTHS PRIOR TO THE ACTION
GIVING RISE TO LIABILITY, OR (B) $500. Some
states do not allow for the limitation of
liability, so the foregoing limitation may not
apply to You.
BY WAY OF
EXAMPLE ONLY, WE AND RELATED PERSONS AND
ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR
ANY CLAIM OR DAMAGE ARISING FROM: FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION, COMPUTER
VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS
TO OR ALTERATION OF PERSONAL RECORDS, OR THE
RELIANCE UPON OR USE OF CONTENT, INFORMATION,
OPINIONS OR OTHER MATERIALS APPEARING ON THIS
WEB SITE. MOREOVER, YOU EXPRESSLY ACKNOWLEDGE
AND AGREE THAT WE ARE NOT LIABLE OR RESPONSIBLE
FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL
CONDUCT OF OTHER USERS OR THIRD PARTIES.
The limitation
of liability reflects the allocation of risk
between the parties. The limitations specified
in this Section 10 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 Us and
the Providers, and to all respective officers,
directors, employees, representatives,
attorneys, and agents.
11. GOVERNING
LAW AND JURISDICTION
We operate this
Web Site (excluding Linked Sites) from Our
offices within the States of New Jersey and New
York. It can be accessed from all 50 states, as
well as from other countries around the world.
As each of these places has laws that may differ
from those of New Jersey and New York, by
accessing this Web Site, You agree that these
Terms and Your use of the Web Site shall be
governed in all respect by the internal
substantive laws of the State of New Jersey,
without regard to conflict of laws provisions
and shall not be governed by the United Nations
Convention on the International Sale of Goods.
You further submit to exclusive jurisdiction and
venue in the state and federal courts located in
the State of New Jersey for all disputes, cases
and controversies regarding this Web Site, Your
use of this Web Site, and Your relationship with
Us. We make no representation that materials on
this Web Site are appropriate or available for
use in other locations, and accessing them from
territories where the Content is illegal is
prohibited. Those who choose to access this Web
Site from other locations do so at their own
risk and are responsible for compliance with
local laws, including laws regarding the
transmission of technical data exported from the
United States or the country in which You
reside.
12.
INDEMNIFICATION
We reserve the
right to report any wrongdoing, if and when We
become aware of it, to any applicable government
agencies. You agree to indemnify, defend and
hold Us and the Providers, Our and their
officers, directors, employees, affiliates,
agents, licensors, and suppliers harmless from
and against any and all claims, demands,
actions, costs, liabilities, losses and damages
of any kind (including attorneys' fees)
resulting from Your use of this Web Site, Your
breach of any provision of these Terms and/or
any negligent acts, omissions or intentional
wrongdoing by You. Any such indemnification
shall be conditioned on Our: (a) notifying You
in writing of any such claim, demand, action,
cost, liability, loss or threat of any thereof;
(b) cooperating with You in the defense or
settlement thereof; and (c) allowing You to
control such defense or settlement. We shall be
entitled to participate in such defense at Our
own cost and expense.
13. MESSAGE
BOARDS
In the event
that We provide message boards or discussion
forums on this Web Site (the "Forums"),
You agree to use the Forums only in a
noncommercial manner. You shall not, without our
express approval, distribute or otherwise
publish any material containing any solicitation
of funds, advertising, or written solicitation
for goods and services. You agree that any
uploaded materials may be republished without
compensation to You or any other person or
entity. In addition, You warrant that all moral
rights in any uploaded materials have been
waived. While We do not and cannot review every
message posted by You or any other User in the
Forums, and although We are not responsible for
these messages, We reserve the right (but not
the obligation) to delete, move, or edit
messages that We, in our sole discretion, deem
abusive, defamatory, obscene, in violation of
copyright or trademark laws, or otherwise
unacceptable. We do not endorse any Information
posted on this Web Site.
You agree that
You must evaluate, and bear all risks associated
with, the use of any messages, Information, or
Content, including any reliance on the accuracy,
completeness, or usefulness of such messages,
Information, or Content. In this regard, You
acknowledge that You may not rely on any Content
We create or information submitted to Us by
third parties, including without limitation,
information in the Forums, and in all other
parts of this Web Site.
14. OTHER
GENERAL PROVISIONS
These Terms are
for the benefit of Us and the Providers, Our and
their officers, directors, employees,
affiliates, agents, licensors, and suppliers.
Each of these individuals or entities shall have
the right to assert and enforce these Terms
directly against You on its (or their own)
behalf. Our failure to act with respect to a
breach by You or others does not waive Our right
to act with respect to subsequent or similar
breaches.
If any
provision of these Terms is held to be invalid
or unenforceable, such provision will be struck
and the remaining provisions enforced. Headings
are for reference purposes only.
You and We are
dealing at arms' length, creating a commercial
relationship. We are not Your Agent or Your
fiduciary. All of Our hotel chain's hotels and
facilities are independently owned and operated
by independent franchisees and licensees. They
manage and operate the facilities, and they are
the employers of all employees and contractors
who work at the facilities. These franchisees
are independent contractors, and no agency,
partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended
or created by these Terms.
The provisions
and conditions of these Terms, and each
obligation referenced herein, represent the
entire Agreement between Us (including the
Providers), Our affiliated or related entities,
and You, and supersede any prior agreements or
understandings not incorporated herein. In the
event that any inconsistencies exist between
these Terms and any future published terms of
use or understanding, the last published Terms
shall prevail.
WE RESERVE ANY
RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THESE
TERMS.
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