Legal Notice and Terms of Use
Unless otherwise indicated, this Web Site and its contents are the
property of MagnusonHotels.com. The site and its contents are
protected, without limitation, pursuant to U.S. and foreign copyright
and trademark laws.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE.
BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE
TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE AND SHOULD
IMMEDIATELY CEASE SUCH USE. MAGNUSONHOTELS.COM MAY MODIFY THIS
AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE
IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU
AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH
MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE
DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. COPYRIGHT AND LICENSES
You are authorized to download one copy of the material on this Web
Site on one computer for your personal, non-commercial use only. In
doing so, you may not remove or in any way alter any trademark,
copyright, or other proprietary notice. Except as allowed in the
preceding sentence, you may not modify, copy, distribute, republish,
commercially exploit, or upload any of the material on this Web Site
without the prior written consent of MagnusonHotels.com. No
intellectual property or other rights in and to this Web Site, other
than the limited right to use set forth above, are transferred to you.
2. USE OF SITE
You understand that, except for information, products or services
clearly identified as being supplied by MagnusonHotels.com,
MagnusonHotels.com does not operate, control or endorse any
information, products or services on the Internet in any way. Except
for MagnusonHotels.com identified information, products or services,
all information, products and services offered through the Site or on
the Internet generally are offered by third parties that are not
affiliated with MagnusonHotels.com. You also understand that
MagnusonHotels.com cannot and does not guarantee or warrant that files
available for downloading through the Site will be free of infection or
viruses, worms, Trojan horses or other code that manifest contaminating
or destructive properties. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular
requirements for accuracy of data input and output, and for maintaining
a means external to the Site for the reconstruction of any lost data.
MagnusonHotels.com offers a search feature within the Site.
MagnusonHotels.com explicitly disclaims any responsibility for the
content or availability of information contained in our search index or
directory. MagnusonHotels.com also disclaims any responsibility for the
completeness or accuracy of any directory or search result.
In connection with your use of the Site, you agree you will not:
a) Transmit any message, information, data, text, software or
images, or other content ("Material") that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, or otherwise objectionable that may invade another's right of
privacy or publicity;
b) Impersonate any person or entity,
including but not limited to, an MagnusonHotels.com official, forum
leader, guide or host or falsely state or otherwise misrepresent your
affiliation with a person or entity;
c) Post or transmit any Material that you do not have a right to
reproduce, display or transmit under any law or under contractual or
fiduciary relationships (such as nondisclosure agreements);
d) Post or transmit any Material that contains a virus or corrupted data;
e) Delete any author attributions, legal notices or proprietary
designations or labels that you upload to any communication feature;
f) Use the Site’s communication features in a manner that adversely
affects the availability of its resources to other users (e.g.,
excessive shouting, use of all caps, or flooding continuous posting of
repetitive text);
g) Post or transmit any unsolicited advertising, promotional materials,
"junk mail", "spam," "chain letters," "pyramid schemes" or any other
form of solicitation or any non-resume information such as opinions or
notices, commercial or otherwise;
h) Violate any applicable local, state, national or international law;
i) Upload or transmit any Material that infringes any patent,
trademark, trade secret, copyright or other proprietary rights of any
party;
j) Delete or revise any Material posted by any other person or entity;
k) Manipulate or otherwise display the Site by using framing or similar navigational technology, or
l) Register, subscribe, attempt to register, attempt to subscribe,
unsubscribe, or attempt to unsubscribe, any party for any
MagnusonHotels.com product or service if you are not expressly
authorized by such party to do so.
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YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE
AND THE INTERNET. MAGNUSONHOTELS.COM PROVIDES THE SITE AND RELATED
INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING
WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND
MAGNUSONHOTELS.COM SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING
EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY
YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND
USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER
INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS
SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU
ACCESS SUCH MATERIALS AT YOUR RISK. MAGNUSONHOTELS.COM HAS NO CONTROL
OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
MAGNUSONHOTELS.COM ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO
WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEB SITE, OR ANY WEB SITE
WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. It is your
responsibility to evaluate the accuracy and completeness of all
information, opinions and other material on this Web Site or any Web
Site with which it is linked. Price information is subject to change
without notice.
3. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable laws, MagnusonHotels.com
and its employees, agents, suppliers, and contractors shall in no event
be liable for any claims, charges, demands, damages, liabilities,
losses, and expenses of whatever nature and howsoever arising,
including without limitation any compensatory, incidental, direct,
indirect, special, punitive, or consequential damages, loss of use,
loss of data, loss caused by a computer or electronic virus, loss of
income or profit, loss of or damage to property, claims of third
parties, or other losses of any kind or character, even if
MagnusonHotels.com has been advised of the possibility of such damages
or losses, arising out of or in connection with the use of this Web
Site or any Web Site with which it is linked. You assume total
responsibility for establishing such procedures for data back up and
virus checking as you consider necessary.
4. INDEMNIFICATION
You hereby agree to indemnify and hold harmless MagnusonHotels.com, its
officers, directors, employees, agents, licensors, suppliers and any
third party information providers to the Site from and against any and
all claims, charges, demands, damages, liabilities, losses, expenses,
and liabilities of whatever nature and howsoever arising (including but
not limited to any legal or other professional fees and the costs of
defending or prosecuting any claim and any loss of profit, goodwill,
and any other direct or consequential loss) incurred or suffered by
MagnusonHotels.com directly or indirectly by reason of any act or
omission which you commit in breach of these terms and conditions and
the obligations and warranties contained in them. MagnusonHotels.com
reserves the right to release current or past member or Web site user
information if MagnusonHotels.com believes that a member’s account is
being used to commit unlawful acts, if the information is subpoenaed
and/or if MagnusonHotels.com deems it necessary and/or appropriate.
5. EQUIPMENT
You shall be responsible for obtaining and maintaining all telephone,
computer hardware and other equipment needed for access to and use of
the Site and all charges related thereto.
6. THIRD-PARTY RIGHTS
The provisions of paragraphs 2 (Use
of the Site), and 4 (Indemnification) are for the benefit of
MagnusonHotels.com and its officers, directors, employees, agents,
licensors, suppliers, and any third party information providers to the
Site. Each of these individuals or entities shall have the right to
assert and enforce those provisions directly against you on its own
behalf.
7. TERM; TERMINATION
Either party without notice may terminate this Agreement at any time
for any reason. The provisions of paragraphs 1 (Copyright and
Licenses), 2 (Use of the Site), 4 (Indemnification), 6 (Third Party
Rights) and 11 (Miscellaneous) shall survive any termination of this
Agreement.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing
the global nature of the Internet, you agree to comply with all local
rules including, without limitation, rules about the Internet, data,
e-mail, or privacy. Specifically, you agree to comply with all
applicable laws regarding the transmission of technical data exported
from the United States or the country in which you reside.
9. DEALINGS WITH THIRD PARTIES
Your participation, correspondence or business dealings with any third
party found on or through the Site, regarding the 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 third party. You agree that MagnusonHotels.com
shall not be responsible or liable for any loss, damage or other
matters of any sort incurred as the result of any such dealings.
10. LINKS
The Site may provide, or third parties may
provide, links to other Web sites or resources. Because
MagnusonHotels.com has no control over other sites and resources, you
acknowledge and agree that MagnusonHotels.com is not responsible for
the availability of such external sites or resources, and does not
endorse and is not responsible or liable for any content, advertising,
products, or other materials on or available from such sites or
resources. You further acknowledge and agree that MagnusonHotels.com
shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with
use of or reliance on any such content, goods or services available on
or through any such site or resource.
11. MISCELLANEOUS
This Agreement shall all be governed and construed in accordance with
the laws of the State of Washington, United States applicable to
agreements made and to be performed in the State of Washington, United
States. You agree that any legal action or proceeding between
MagnusonHotels.com and you for any purpose concerning this Agreement or
the parties' obligations hereunder shall be brought exclusively in a
federal or state court of competent jurisdiction sitting in the County
of Spokane, State of Washington, United States.
Any cause of action or claim you may have with respect to the Site must
be commenced within one (1) year after the claim or cause of action
arises or such claim or cause of action is barred. MagnusonHotels.com's
failure to insist upon or enforce strict performance of any provision
of this Agreement shall not be construed as a waiver of any provision
or right. Neither the course of conduct between the parties nor trade
practice shall act to modify any provision of this Agreement.
MagnusonHotels.com may assign its rights and duties under this
Agreement to any party at any time without notice to you.
Please note that some websites do not add extra person charges to your
confirmation so you may have additional charges at check-in.
Reservations made thru internet may not be cancelled or changed by
contacting the hotel. Cancellations and modifications must be made
through booking source.
Rev: May 10, 2006