PERSONAL AND NONCOMMERCIAL USE LIMITATION
This website is for your personal and noncommercial use. The content and information on this website (including, without limitation, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to AWD or its suppliers and providers. Accordingly, as a condition of using this website, you agree not to use this website or its contents or information for any commercial or non-personal purpose (direct or indirect). While you may make limited copies of your travel itinerary (and related documents) for travel or services purchased through this website, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from this website. In addition, whether or not you have a commercial purpose, you agree not to:
1 - access, monitor or copy any content or information of this website using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of AWD;
2 - violate the restrictions in any robot exclusion headers on this website or bypass or circumvent other measures employed to prevent or limit access to this website;
3 - take any action that imposes, or may impose, in the discretion of AWD, an unreasonable or disproportionately large load on the AWD infrastructure; or deep-link to any portion of this website (including, without limitation, the purchase path for any travel services) for any purpose without express written permission of AWD
NOTHING IN THIS AGREEMENT SHALL, NOR SHALL BE DEEMED, TO LIMIT OR EXCLUDE OUR LIABILITYFOR OUR FRAUD NOR FOR PERSONAL INJURY OR DEATH CAUSED BY OUR NEGLIGENCE.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, AWD AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR INACCURACIES RELATING TO HOTEL AND OTHER SUPPLIER PHOTOGRAPHS, HOTEL PROPERTY, CRUISE, AUTOMOBILE AND OTHER PRODUCT DESCRIPTIONS AND LISTS OF HOTEL AMENITIES AND OTHER PRODUCT DESCRIPTIONS DISPLAYED ON THIS WEBSITE, MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. HOTEL RATINGS DISPLAYED ON THIS WEBSITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND AWD AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF THE RATINGS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AWD, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEBSITE AT ANY TIME.
AWD, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY AWD OR ITS AFFILIATES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. AWD, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
THE CARRIERS, HOTELS AND OTHER SUPLIERS PROVIDING TRAVEL OR OTHER SERVICES FOR AWD ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF AWD OR ITS AFFILIATES. AWD 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. AWD 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.
IN NO EVENT SHALL AWD, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF AWD, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to defend and indemnify AWD, its affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by:
- you or on your behalf in excess of the liability described above; or
- by third parties as a result of:
- your breach of this agreement or the documents referenced herein;
- your violation of any law or the rights of a third party; or
- your use of this website.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this website, you warrant that you will not use this website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
LINKS TO THIRD-PARTY SITES
This website may contain hyperlinks to websites operated by parties other than AWD. Such hyperlinks are provided for your reference only. AWD does not control such websites and is not responsible for their contents or your use of them. AWD's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
SOFTWARE AVAILABLE ON THIS WEBSITE
Any software that is made available to download from this website ("Software") is the copyrighted work of AWD, its affiliates, and/or their suppliers. Your use of the 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 not accompanied by a License Agreement, AWD hereby grants to you, the user, a personal, nontransferable license to use the Software for viewing and otherwise using this website in accordance with these terms and conditions and for no other purpose.
Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this website, is owned by AWD, its affiliates, and/or their suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
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 WARRANTEED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
You acknowledge that the Software and any accompanying documentation and/or technical information are subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.
MODIFICATION OF THESE TERMS AND CONDITIONS
AWD reserves the right to change the terms, conditions, and notices under which this website is offered and you agree to accept and be bound by those terms, conditions, and notices that are in effect at the time of your use of this website and its facilities.
This agreement is governed by the laws of the State of Texas, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Dallas County, Texas, USA, in all disputes arising out of or relating to the use of this website. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and AWD as a result of this agreement or use of this website.
AWD's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of AWD's right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by AWD with respect to such use.
If any part of this agreement 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 agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and AWD with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and AWD with respect to this website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event. Any rights not expressly granted herein are reserved.
USE OF AWD WEBSITE
The AWD website is provided solely to assist customers in determining the availability of travel-related goods and services and for no other purposes. You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use this website in accordance with all terms and conditions herein. You agree to supervise all usage of this website by minors under your name or account. You also warrant that all information supplied by you or members of your household in using this website is true and accurate. You understand that overuse, suspicious activity, signs of fraud, or abuse of this website may result in AWD closing any associated AWD accounts. If you have conducted any fraudulent activity, AWD reserves the right to take any necessary legal action and you may be liable for monetary losses to AWD, including litigation costs and damages. To contest the freezing or closure of an account, please contact customer service.
Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the Currency Converter for the day that currency was last updated. The information supplied by this application is believed to be accurate, but AWD, its affiliates, and/or their suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, AWD advises the customer to consult a qualified professional to verify the accuracy of the currency rates. AWD, its affiliates, and/or their suppliers do not authorize the use of this information for any purpose other than personal use and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes.
NOTICE OF INFRINGING MATERIAL
If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.
1 - A clear identification of the copyrighted work you claim was infringed.
2 - A clear identification of the material your claim is infringing is on the Website, such as a link to the infringing material.
3 - Your address, email address and telephone number.
4 - 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."
5 - 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.
6 - A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may send us your notice by email to email@example.com, by fax to (+1) 425 679-7251, Attn: IP/Trademark Legal Dept., DMCA Complaints or by using the contact information below:
Attn: IP/Trademark Legal Dept., DMCA Complaints
16055 Space Center Blvd., Suite 235
Houston, TX 77062
If material you have posted has been taken down, you may file a counter-notification by fax or regular mail that sets forth the items specified below. You may want to seek legal counsel prior to doing so. Please include the following details:
1 - Identification of the specific content that was removed or disabled and the location where that content appeared on the Website. Please provide the URL address if possible.
2- Your name, mailing address, telephone number and email address.
3 - A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which AWD may be found, and that you will accept service of process from the party who reported your content, or that party’s agent.
4 - The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the content identified above was removed or disabled as a result of a mistake or misidentification.”
Sign the paper and send the written communication to the following address:
Attn: IP/Trademark Legal Dept., DMCA Complaints
16055 Space Center Blvd., Suite 235
Houston, TX 77062
OR you may fax it to: (425) 679-7251, Attn: IP/Trademark Legal Dept., DMCA Complaints
For any additional questions regarding the DMCA process for Hotels.com, please contact us at (425) 679-3751.
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, AWD has adopted a policy of terminating, in appropriate circumstances and at AWD’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. AWD may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.