This is a legal agreement (the "Agreement") between you, the user, and (Paysafe)
located in Orange County, California, United States ("Paysafe").
1. RIGHTS, RESPONSIBILITIES. Paysafe grants you a non-transferable,
non-exclusive license to access this web site and to view and download information
contained at this web site (collectively, the "Site"), solely for your own personal,
non-commercial use, subject to your ongoing compliance with all terms of this Agreement.
You agree to be responsible for all access of this Site by your equipment or account,
whether by you or others. You are also solely responsible for providing and maintaining
all equipment, software and services needed to access and use the Site. You agree
not to use the Site for any unlawful purpose. You agree not to rent, retransmit,
disclose, publish, sell, assign, lease, sublicense, market, or transfer the Site
or use it in any manner not expressly authorized by this Agreement. You agree not
to copy, reverse engineer, translate, port, modify or make derivative works of the
Site. You agree not to use the Site to operate a service bureau or for any other
use involving the processing of data of other persons or entities. You do not receive
any, and Paysafe retain all, ownership rights in the Site.
2. EXCLUSION OF WARRANTY, LIABILITY. The Site is provided to you on an "AS IS" and
"WITH ALL FAULTS" basis. You assume the entire risk of loss in using the Site. Due
to its large size and complexity, the Site may contain inaccuracies, omissions,
errors or other defects. Paysafe and its suppliers do not warrant
that the Site will meet your needs or expectations, that the Site will be error
free or uninterrupted, that errors can or will be corrected, that the Site is reliable
or timely, or that any information on the Site will provide any particular results
or usefulness. Paysafe and its suppliers reserve the right to
make changes and improvements to, or discontinue the Site or any part thereof. Further,
Paysafe does not represent that the Site is appropriate or authorized
for use in all countries, states, counties or other jurisdictions; accordingly,
you are responsible for compliance with all applicable laws in accessing the Site.
Paysafe reserves the right to list any property which, in Paysafe
sole judgment, meets the general requirements of the "bed & breakfast"
customer including some properties that do not serve breakfast, complimentary or
otherwise.
Paysafe AND ITS SUPPLIERS MAKE AND YOU RECEIVE NO WARRANTY, WHETHER
EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY EXCLUDED
AND DISCLAIMED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, TITLE,
NON-INFRINGEMENT, AND FITNESS FOR ANY PARTICULAR PURPOSE.
IN NO EVENT SHALL Paysafe OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES,
CLAIM OR LOSS INCURRED BY YOU (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL,
DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOST PROFITS, LOST
SALES OR BUSINESS, EXPENDITURES, INVESTMENTS, OR COMMITMENTS, LOSS OF ANY GOODWILL,
OR DAMAGES RESULTING FROM LOST, DAMAGED OR MISAPPROPRIATED DATA, INABILITY TO USE
DATA, DELAYS, INTERRUPTIONS, OR COMPUTER VIRUSES), IRRESPECTIVE OF WHETHER Paysafe
OR ITS SUPPLIERS HAVE BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE
KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF
ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH
OF WARRANTY, DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER
TORTS, AS WELL AS THIRD-PARTY CLAIMS. IF THE WARRANTY EXCLUSION OR LIMITATION OF
LIABILITY SET FORTH IN THIS AGREEMENT SHALL FOR ANY REASON WHATSOEVER BE HELD UNENFORCEABLE
OR INAPPLICABLE, USER AGREES THAT Paysafe AND ITS SUPPLIERS' LIABILITY
SHALL NOT EXCEED $1 U.S. Some states do not allow the exclusion or limitation of
incidental or consequential damages or the limitation of duration of an implied
warranty, so the limitation or exclusion herein may not apply to you. This warranty
shall not be applicable to the extent that any provision of this warranty is prohibited
by any federal law, or by any state or local law, which cannot be preempted. This
warranty gives you specific legal rights, and you may also have other rights, which
vary from state to state.
3. SUBMITTED INFORMATION. You agree not to submit to the Site any information that
infringes upon or violates the privacy, rights, trademarks, copyrights or other
intellectual property rights of others, anything that is illegal, defamatory, obscene,
harassing, offensive, objectionable or sexually explicit, that encourages a violation
of the law, that contains a virus, that is off-topic, or, without Paysafe
permission, that contains any solicitation or advertising. You agree to
indemnify and hold harmless Paysafe from any damages and costs,
including without limitation court costs and attorneys' fees, arising from your
use of the Site. By submitting information to the Site, you grant Paysafe
the royalty-free, perpetual, irrevocable, non-exclusive right to use,
edit, copy, modify, adapt, combine, incorporate, publish, publicly perform, translate
and distribute all or part thereof in any form and for any purpose whatsoever, and
you also permit other users of the Site to use that information subject to the rules
of the Site. Paysafe shall have the right, but not be obligated
to, monitor the Site to determine users' compliance with this Agreement and applicable
laws. Paysafe shall have the right in its sole discretion to not
publish or remove any submitted information.
4. THIRD PARTY INFORMATION. The Site may contain information submitted by third
parties, including without limitation users and suppliers, and may also contain
links to third party sites. Those third parties are solely responsible for the content,
accuracy and originality of the information they submit. Paysafe
has no more control over such third party content than does a public library, newsstand,
or bookstore, and Paysafe is not responsible for such third party
content. Paysafe do not evaluate or endorse any third party information.
It is your responsibility to evaluate all information provided on the Site, or to
obtain specific professional advice.
5. COPYRIGHT, TRADEMARKS. This Site compilation and all portions authored by Paysafe
are Copyright © 1999-2001 Paysafe, California,
United States. All rights reserved. Those respective third parties own portions
of the Site authored by third parties who have licensed their material to Paysafe.
You agree not to alter or remove any copyright notice or proprietary
legend at Site.
Paysafe, Inc. logo is property of Paysafe, Inc.
and could not be used without permission. Other products or names may be the trademarks
of their respective owners.
6. MISCELLANEOUS. This is the exclusive and entire Agreement between Paysafe
and you regarding its subject matter. You may not assign any part of this
Agreement without Paysafe prior written consent. The internal
laws of California shall govern this Agreement without reference to choice of law
principles. Paysafe may terminate or restrict your use of the
Site at any time without notice if Paysafe believe you have not
fully complied with this Agreement. Further, either party may terminate this Agreement
at any time without cause; upon termination for any reason, your obligations under
this Agreement shall continue, except that you agree to no longer access or use
the Site. You consent to exclusive jurisdiction and venue in the courts of Orange
County, California for all matters arising out of or related to this Agreement or
the Site. You understand that Paysafe may comply with law enforcement
requests or subpoenas regarding your use of the Site. Paysafe
reserves the right to modify the terms of this Agreement at any time by posting
the new terms on the Site, which modifications shall take place immediately. No
waiver by either party of any breach or default hereunder shall be deemed to be
a waiver of any prior or subsequent breach or default. If any provision of this
Agreement is declared invalid or unenforceable, the remaining provisions of this
Agreement shall remain in effect and the invalid or unenforceable provision shall
be replaced by a valid, enforceable provision that effectuates the intent of the
original provision. Paysafe suppliers, licensors, affiliates,
subsidiaries, employees and agents shall be third party beneficiaries of Paysafe
rights under this Agreement. All rights not granted expressly
by this Agreement are reserved.
7. COMMERCIAL COMPUTER SOFTWARE. All software and data on the Site is a "commercial
item," as that term is defined at 48 C.F.R. 2.101 (Oct. 1995) consisting of "commercial
computer software" and "commercial computer documentation," as such terms are used
in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R.
227.7202-1 through 227.7202-4 (June 1995), all U.S. Governmental users acquire the
information with only those license rights set forth herein. The Site and all portions
are Copyright © 1997-2004 Paysafe, Inc. UNPUBLISHED. ALL RIGHTS
RESERVED UNDER THE COPYRIGHT LAWS OF THE UNITED STATES.
8. SPECIAL PROVISIONS FROM LICENSORS. All information provided by third party licensors
falls under Section 2 guidelines above and by using those services you agree to
the clauses as found in Section 2. Where warranties differ, a separate disclaimer/license
will appear on the third party licensor supplied pages. Use of those pages constitutes
acceptance of both the Section 2 license above and the third party licensor's disclaimer/license.
9. RESERVATIONS SERVICE. You represent and warrant that you are of legal age to
enter into this Agreement and use the Site pursuant to this Agreement, and that
the information you submit will be true and accurate. You agree to pay for all goods
and services that you, or others using your account, order through the Site, and
to pay any taxes levied on your use of the Site or your transactions on the Site,
except for those based on Paysafe annual net income. Additional
terms and conditions may apply to your purchase via the Site of goods and services
from third parties, and you agree to fully comply with those third parties' terms
and conditions.
10. PRIVACY POLICY. Paysafe understands that the protection and
security of your account information, and any other information that is personally
identifiable, is of utmost importance. Personally identifying information from users
is collected only when the user fills out the registration form, or in other site
locations when users knowingly submit such information to Paysafe
(for example, when purchasing goods or services, completing surveys etc.)
We may disclose to third parties certain aggregate information contained in your
registration data or related data, provided that, such information will not include
personally identifying information, except as specifically authorized by you or
in the good faith belief that such action is reasonably necessary to comply with
the law, legal process, or to enforce the Agreement.
Paysafe may send you emails regarding special offers available
or other useful information. If you do no wish to receive these emails, you may
send us an email asking not to receive emails.
As do most major web sites, this Site may use cookies. Cookies are information from
the Site that is stored on your hard drive. Cookies save you time because you do
not need to manually reenter the information stored on your hard drive. Cookies
also help Paysafe upgrade the Site by showing when and how users
utilize the Site.
Cookies do not by themselves contain any personally identifying information, but
may be combined by Paysafe with other personally identifying information
already submitted. Some third parties on the Site (such as advertisers) may send
cookies to your hard drive, and such third party cookies are subject to the policies
of those third parties.
Your web browser in its default mode probably accepts cookies from this Site and
all others. If you wish, you can usually change the setting so that your browser
does not accept cookies. However, the Site may not function correctly.