TERMS OF USE

AGREEMENT BETWEEN USER AND KDI

The Hospitality MerchantsGroup ("KDI") web site is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the KDI web site constitutes your agreement to all such terms, conditions and notices. Additionally, the KDI web site may contain additional terms that govern particular features or offers such as promotions, forums, chat services or other features.

MODIFICATION OF THESE TERMS OF USE

The KDI reserves the right to change the KDI web site as well as the terms, conditions and notices under which the KDI web site is offered, including but not limited to any charges associated with the use of the KDI web site. You are responsible for regularly reviewing these terms and conditions.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the KDI web site is for your personal and non-commercial use. The KDI grants you a limited, revocable and nonexclusive license to access and make personal use of the KDI web site. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer exploit for any commercial purpose, or sell any content, information, software, products or services obtained from the KDI web site without express written consent from the KDI. You may not create a hyperlink to the KDI web site without express written consent from the KDI.

If you use the KDI web site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

SERVICEMARKS, TRADEMARKS AND COPYRIGHTS

All content on the KDI web site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, together with the compilation of all content on the site, is the exclusive property of the KDI or its content suppliers and protected by United States and international copyright laws.

KDI, HOSPITALITY MERCHANT GROUP and other marks indicated on the KDI web site are registered trademarks of the KDI or its affiliates, in the United States and other countries. The KDI graphics, logos, page headers, button icons, scripts and services names are trademarks and trade dress of the KDI or its affiliates. The KDI service marks, trademarks and trade dress may not be used in connection with any other party's product or service, in any manner that is likely to cause confusion among consumers, or in any manner that disparages, dilutes or is harmful to the KDI. All other marks not owned by the KDI or its affiliates are the property of their respective owners.

You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information of the KDI or its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing the KDI's name or trademarks without the KDI's express written consent.

NOTICE OF COPYRIGHT INFRINGEMENT

The KDI respects the intellectual property rights of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright, service mark or trademark infringement, please mail the following information to Copyright Infringement Department, Hospitality Merchants Group, Inc., 1951 Glen Drive, Suite 237, Vancouver, BC., Canada V6A 4J6 (phone: 403.255.0789; fax: 403.255.3791; email: legal@theahm.com:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

A description of the copyrighted work that you claim has been infringed;

A description of where the material that you claim is infringing is located on the site;

Your address, telephone number and email address;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and

A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

CHILDREN

The KDI web site does not sell products for purchase by children. Our products are only for purchase by adults. If you are under 18, you may use the KDI web site only with the supervision of a parent or guardian.

LINKS TO THIRD PARTY SITES

The KDI web site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of the KDI, and the KDI is not responsible for the content of any Linked Site, including without limitation any link contained in a Linked Site or any changes or updates to a Linked Site. The KDI is not responsible for webcasting or any other form of transmission received from any Linked Site. The KDI is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the KDI of the Linked Site or any association with the Linked Site's operators. You should carefully review the Linked Site's privacy statements and other conditions of use.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the KDI web site, you warrant to the KDI that you will not use the KDI web site for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the KDI web site in any manner which could damage, disable, overburden, or impair the KDI web site or interfere with any other party's use and enjoyment of the KDI web site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the KDI web site.

USE OF COMMUNICATION SERVICES

The KDI web site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). Your use of the KDI web site constitutes your agreement to use the Communication Services only to post, send and receive messages and material that are related to the particular Communication Service and not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;

Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;

Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;

Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;

Conduct, send or forward surveys, contests, pyramid schemes, chain letters, mass mailings or any form of "spam";

Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

Use a false email address, impersonate any person or entity or otherwise mislead anyone as to the origin of any communication or content;

Restrict or inhibit any other user from using and enjoying the Communication Services;

Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;

Harvest or otherwise collect information about others, including e-mail addresses, without their consent; or

Violate any applicable laws or regulations.

If you post or submit any content or material to the KDI web site and/or through the Communication Services, you thereby grant the KDI and its agents and affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content or material throughout the world in any media. You also grant the KDI and its agents, affiliates and sublicensees the right to use the name under which you submitted such content or material. You represent and warrant that you own or otherwise control all of the rights to the content or material that you post or submit, that the content is accurate, that use of the content does not violate these Terms of Use and will not cause injury to any person or entity, and that you will indemnify the KDI or its agents or affiliates for all claims resulting from content you supply. The KDI has no obligation to monitor the Communication Services. However, the KDI reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The KDI reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

The KDI reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the KDI's sole discretion.

RISK OF LOSS & PRODUCT DESCRIPTIONS

All bookings, reservations for services or items purchased from the KDI are made pursuant to the Vendors contract and or their offering of lodging or leisure services. This means that the risk of loss and title for such services and products passes to you upon the delivery of that service or product, your only recourse is with the Vendor, Merchant or Establishment providing that service or product.

The KDI and its affiliates try to be as accurate as possible in describing lodging and leisure services and products offered for sale or use to users. However, the KDI does not warrant that product descriptions or other content of the KDI web site are accurate, complete, reliable, current or error-free. If a product or service offered by the KDI itself is not as described, your sole remedy is to return or refuse the product or service in unused condition or prior to accepting occupancy.

LIABILITY DISCLAIMER

THE CONTENT, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE KDI WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION IN THESE TERMS OF USE AND TO THE CONTENT ON THE LODGINGSOLUTIONS SITE. THE KDI AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE KDI WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE KDI WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

THE KDI AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ABOUT THE OPERATION OF THE KDI WEB SITE OR THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE CONTENT, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE KDI WEB SITE. ALL SUCH CONTENT, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, AND YOU EXPRESSLY AGREE THAT YOUR USE OF THE KDI WEB SITE IS AT YOUR SOLE RISK. THE KDI DOES NOT WARRANT THAT ITS SITES, ITS SERVERS, OR EMAIL SENT FROM THE KDI ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE KDI AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THE CONTENT, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT SHALL THE KDI AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE KDI WEB SITE, WITH THE DELAY OR INABILITY TO USE THE KDI WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE KDI WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE KDI WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE KDI OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE KDI WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE KDI WEB SITE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR LIMITATION OF CERTAIN DAMAGES, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting the KDI web site, you agree that the laws of the Province of British Columbia without regard to principles of conflict of laws, will govern these Terms of Use and any dispute arising between you and the KDI or its affiliates.

DISPUTE RESOLUTION

Any dispute relating in any way to the KDI web site or to products you purchase through the KDI web site shall be submitted to confidential arbitration in Vancouver, British Columbia, except that, to the extent you have in any manner violated or threatened to violate the KDI's intellectual property rights, the KDI may seek injunctive relief or other appropriate relief in any state or federal court in the Province of British Columbia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the Provincial Arbitration Rules. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to the agreement, whether through class arbitration proceedings or otherwise.

SEVERABILITY

If any of the terms or conditions in these Terms of Use shall be deemed invalid, void or for any reason unenforceable, then that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Copyright 1998 - 2006 Daniel Goldstrom - Douglas Wournell
KDI Media Partners are the licensed user of Club Sojourn, Sojourn Vacations, Sojourn Quarterly, Club Sojourn Online, Hospitality Merchant, HMG, Sojourn Travelers, Northwest Travelers, Sojourn Inns & Resorts, Lodgingsolutions, Recommended Destinations, LodgingsBest, DiningsBest, GolfingsBest, VintnersBest, Holiday Approved, Vacation Approved & Vintner Tours and their respective logos.

Use of the Website signifies you’re agreement to the Terms of Use and Privacy Policy.