This web site and the related web sites contained herein (collectively, the "Site") make available information on hotels, resorts and other transient stay properties ( the “ Properties”) and other travel-related or consumer goods and services. This Site is offered exclusively by LHW and/or its various third party providers and distributors. The offer of goods and/or services is conditioned on the user's ("User('s)" or "You(r)") acceptance of the terms and conditions and notices set forth herein and on other pages of the Site (collectively the "Terms").
BY ACCESSING, USING, VIEWING, TRANSMITTING, CACHING OR STORING THIS SITE OR ANY OF ITS SERVICES, FUNCTIONS OR CONTENTS, YOU SHALL BE DEEMED TO HAVE AGREED TO EACH AND ALL THE TERMS, CONDITIONS, AND NOTICES IN THIS SITE ("AGREEMENT") WITHOUT MODIFICATION. IF YOU DO NOT AGREE, PLEASE CEASE USE OF THE SITE AND LEAVE THE SITE IMMEDIATELY.
Use of this Site
The services of this Site are available only to individuals who can form legally binding contracts under applicable law, and thus, are not available to minors. By using this Site, You represent that You are of sufficient legal age to use this Site and to create binding legal obligations for any liability You may incur as a result of the use of this Site. You agree that You will not use this Site for chain letters, junk mail, "spamming", solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list. You agree not to pretend to be any other person or a representative of any entity, whether actual or fictitious, including an employee or agent of LHW or any third party that provides services related to this Site. You agree that You will not use any robot, spider, other automatic device or manual process to monitor or copy the Site or any content or information contained herein, unless You obtain the prior express written consent of The Leading Hotels of the World, Ltd. (“LHW”). You agree that You will not, through any means, interfere or attempt to interfere with the proper functioning of the Site. You agree that You will not provide to LHW and/or to this Site: (i) any viruses, worms, time bombs, and/or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information; and (ii) any content that may create liability for LHW or cause LHW to lose (in whole or in part) the services of our suppliers.
Proprietary Rights Information
This Site contains trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights of LHW and/or other parties. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of LHW and/or other parties is granted to or conferred upon You. Reproduction or storage of materials obtained from this Site is subject to the U.S. Copyright Act of 1976, Title 17 U.S.C. No material from the Site may be reproduced, distributed, posted, displayed, uploaded or transmitted. The use of any material from the Site on any other internet, intranet, web or other site or computer environment is prohibited. You may not utilize framing techniques to frame any LHW trademarks, logos, or other proprietary information (including images and text). You may not use any meta tags or any other "hidden text" utilizing our name, trademarks or other proprietary information.
The trademarks, logos, service marks and trade dress displayed on this Site (collectively, the "Trademarks") are registered and common law Trademarks of LHW, its affiliates and various third parties. The Leading Hotels of the World and other LHW logos and product and service names are trademarks of LHW. Any reproduction or use of any of the Trademarks without the prior, express written consent of LHW is prohibited. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the prior written consent of LHW or such other party as may own the Trademarks.
This Site, including each of its modules, is the copyrighted property of LHW and/or its various third party providers and distributors. This Site and the content provided on this Site may not be copied, reproduced, republished, uploaded, posted, modified, transmitted or distributed without the prior written consent of LHW, except that You may download, display and print one copy of the materials presented on this Site on a single computer for Your personal, non-commercial use only. Unauthorized use of this Site and/or the materials contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other web site or in any environment of networked computers is strictly prohibited.
Notice and Procedure for Making Claims of Copyright Infringement
LHW respects the intellectual property rights of others. If you think that your work has been copied in a manner that constitutes copyright infringement, please contact LHW at the following address: The Leading Hotels of the World, Ltd. 485 Lexington Avenue, Suite 401 New York, NY 10017, USA Attn: General Counsel
You agree that LHW has no obligation to, but may monitor and review information You transmit over the Site. You agree that LHW may censor, edit, remove or prohibit the transmission or receipt of any information that LHW deems inappropriate or in violation of these Terms, and use any such information as necessary to protect the rights or Properties of LHW, all in its sole and absolute discretion. You agree that LHW may also monitor and review stored information without restriction. You hereby acknowledge and consent to such monitoring and reviewing.
Advertising Disclosure, Accuracy
Product descriptions posted on our product pages are provided by our suppliers. The Site may contain inaccurate content, typographical errors or omissions. LHW is not responsible for typographical, pricing, product information, advertising or shipping errors, and shall not be liable for any damages that may result therefrom. Advertised prices and available quantities are subject to change without notice. LHW reserves the right to make changes, corrections and/or improvements to the Site, and to the products and programs described in such information, at any time without notice.
Neither LHW nor any other providers of products or services related to this Site are responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected transmissions, messages or entries, or the security of any such communications. Further, neither LHW nor any other providers of products or services related to this Site are responsible for incorrect or inaccurate entry information, whether caused by User(s), by any of the equipment or programming associated with the Site, or by any technical or human error that may occur in the processing of any information related to the Site, and shall not be liable for damages resulting from any of the foregoing. You agree that neither LHW nor any other providers of products or services related to this Site are responsible for any damages that may arise as a result of any travel or Property arrangements or other orders You request or make on this Site which are not processed or accepted for any reason.
YOU AGREE THAT NEITHER LHW NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE ARE RESPONSIBLE OR LIABLE IN ANY WAY FOR INJURY, LOSS OR DAMAGE TO YOUR COMPUTER, OR INTERCEPTION OR USE OF PERSONALLY IDENTIFIABLE INFORMATION, RELATED TO OR RESULTING FROM USE OF THE SITE OR ANY SITES LINKED OR ASSOCIATED WITH THIS SITE.
LHW MAKES NO WARRANTY OR REPRESENTATION REGARDING THE CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THIS SITE OR ANY WEB SITE LINKED TO THIS SITE. YOU AGREE THAT NEITHER LHW, NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE, ARE RESPONSIBLE FOR THE CONFIDENTIALITY OF ANY INFORMATION, (INCLUDING, WITHOUT LIMITATION, PERSONALLY IDENTIFIABLE INFORMATION, EMAIL ADDRESSES OR PHONE NUMBERS), AND NEITHER LHW, NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE, ARE LIABLE OR RESPONSIBLE FOR ANY DAMAGES THAT MAY ARISE FROM DISCLOSURE OF SUCH INFORMATION.
Use of Third Party Suppliers
In order to offer the services related to this Site, LHW may use third party suppliers. You acknowledge and agree that the carriers, Properties and other suppliers providing travel or other services for LHW may be independent contractors, and not agents or employees of LHW. YOU AGREE THAT LHW IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH THIRD PARTY SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES, LOSS OR EXPENSES RESULTING FROM THE USE OF SUCH SUPPLIERS.
Exclusion of Warranty, Disclaimer
YOU AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. THE SITE, AND ANY RELATED INFORMATION, CONTENT AND/OR MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. LHW HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE; OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. LHW DOES NOT WARRANT THAT THE USE OF THIS SITE WILL BE UNINTERUPTED OR AVAILABLE AT ANY TIME OR FROM ANY LOCATION, SECURED, OR ERROR FREE. NOR IS THIS SITE GUARANTEED TO BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You. This warranty gives You specific legal rights and You may also have other legal rights that vary from state to state. NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY LHW WILL CREATE A WARRANTY OF ANY KIND, AND YOU SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
Limitation of Liability
LHW does not own or manage any Property. Information regarding rooms, facilities and services offered at the Property contained in this website has been provided by the Property. LHW does not make any representation or warranty, express or implied, of any kind with respect thereto. Such information may be inaccurate as a result of renovation or repair. This website may also contain typographical errors or omissions. LHW shall not be liable for any discrepancy in the rooms, facilities or services available at a Property from those described in this website or for any other errors or omissions, and shall not be liable for any damages that may result therefrom.
IN NO EVENT SHALL LHW, ITS AGENTS, REPRESENTATIVES OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR INJURY OR ANY EXPENSES OR DAMAGES, EITHER DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS) RESULTING FROM OR IN ANY WAY CONNECTED TO:(A) YOUR USE OF THIS SITE; (B) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE); OR (C) THE PERFORMANCE OR NON PERFORMANCE BY LHW OR ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE; EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY OF RECOVERY. Some jurisdictions do not allow the exclusion of consequential or incidental damages, so some of the foregoing exclusions may not apply to You. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST LHW, ITS AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF, OR IN ANY WAY CONNECTED TO YOUR USE OF THE SITE AND/OR ANY RELATED PRODUCTS OR SERVICES.
YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THIS SITE BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.
You agree to indemnify and hold LHW and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of Your breach of these Terms and Conditions or the documents they incorporate by reference, Your violation of any law or the rights of a third party, or any claim made by Your client against LHW as a result of Your actions, or any information provided by You, on the site. LHW's failure to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches.
Any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with, the laws of the State of New York applicable to contracts entered into and to be performed entirely within the State of New York, Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including, without limitation, this paragraph.
Denial of Access LHW may, at any time and without notice, in its sole and absolute discretion, in addition to any other rights or remedies available to LHW, and without any liability whatsoever to a User, terminate or restrict a User's access to this Site and any related services. Headings The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions. Assignment You may not assign, convey, subcontract or delegate Your rights, duties or obligations hereunder. Severability The provisions contained in these Terms and Conditions shall be severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. Waiver No failure on the part of LHW to exercise, and no delay in exercising, any right or remedy arising hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right or remedy arising hereunder preclude any other or further exercise thereof or the exercise of any other right or remedy. The waiver by LHW of any provision hereof shall not be deemed to constitute the waiver of any other provision hereof. All rights and remedies of LHW shall be cumulative and not alternative.
Attorney's Fees If LHW takes any action to enforce this Terms and Conditions, LHW will be entitled to recover from You, and You agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which LHW may be entitled. Modification LHW may at any time modify these Terms and Conditions, and Your continued use of this Site will be conditioned upon the terms and conditions in force at the time of Your use. Accordingly, You agree to review these Terms and Conditions periodically, and Your continued access, use and/or posting on this Site shall be deemed Your acceptance of, and agreement to, the changed Terms and Conditions.
If you have any questions or concerns regarding these Terms and Conditions or if you need further assistance with respect thereto, you may contact LHW as indicated below. We will attempt to respond to your questions or concerns promptly after we receive them. Email: LHWauto@lhw-offices.com
The Leading Hotels of the World, Ltd. 485 Lexington Avenue, Suite 401 New York, NY 10017, USA