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International, Inc. - Terms of Use

READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS SITE

AGREEMENT FOR USE

You agree that you are at least 18 years of age and possess the legal authority to access and to use this Web Site (the “Site”) and the content, data and information contained herein (collectively, “Content”) in accordance with the terms and conditions provided below (“Terms of Use”). You agree to be financially responsible for all of your use of this Site. You agree to supervise all usage by minors of this Site under your name or account. You also agree that all information provided by you or members of your household in using this Site is true and accurate and without limitation, or any false or fraudulent reservation. You agree that the reservations facilities of this Site shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You understand that overuse or abuse of the reservation facilities of this Site may result in your being denied access to such facilities. For any reservations or other services for which fees may be charged, you agree to abide by the terms and conditions of purchase imposed, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of rates, products, and services. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Site.

If you have been provided with a login and password, then any such login and password are for your personal use only. You may not reveal your login or password to anyone else or permit anyone else to use your login and password to access the Site. You are responsible for maintaining the confidentiality and security of your login and password and accept responsibility for all activities that occur under your account or password. You must notify International immediately when the security of your login or password has been breached.

International reserves the right to change the terms, conditions, and notices under which the Content and the Site are offered at any time. We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our Site.

LICENSE AND SITE ACCESS

International grants you a limited, revocable and non-exclusive license to access and make personal use of this Site and the Content exclusively to inquire about or make travel reservations and related services, including services relating to enrollment, management or edit of your Rewards® membership. You are responsible for all activity that takes place with regard to this limited license, and your access to and use of this Site. Only you may access this Site. You may not authorize any third-party individual, entity or service access to and/or use of this Site on your behalf. You may not download (other than page caching) or modify this Site, or any portion of it, except with the express written consent of International. This license does not include: (a) any resale or commercial use of this Site or its contents; (b) any collection and use of any hotel listings, descriptions, or prices; (c) any derivative use of this Site or its contents; or (d) any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of International. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of International and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing International’s name or trademarks without the express written consent of International. Any unauthorized use terminates the permission or license granted by International. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of International so long as the link does not portray International, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any International logo or other proprietary graphic or trademark as part of the link without express written permission. Any rights not expressly granted herein are reserved.

PROHIBITED CONDUCT

You agree not to: (a) copy, display, modify, reproduce, or otherwise transfer any Content to any third party without the prior written permission of International; ( b) interfere or disrupt networks connected to the Site; (c) use or attempt to use any device, software or routine which interferes with the proper functioning of the Site or any transactions being offered through the Site; (d) transmit files, data or other Content containing a computer virus, corrupted data, worms, “Trojan horses” or other instructions or design that would erase data or programming or cause the Site or any equipment or system to become inoperable or incapable of being used in the full manner for which it was designed; (e) deliver any communication to or through the Site which violates any local, state, federal or international law; (f) deliver any communication to or through the Site that contains defamatory, libelous, abusive or obscene material; or (g) deliver any communication to or through the Site that will infringe upon the rights of any third party.

INTELLECTUAL PROPERTY

This Site and the Content contained herein includes certain trademarks and copyrighted works and may utilize proprietary information or technology (“Intellectual Property”). No license or right to or in any Intellectual Property is granted to or conferred upon you. Reproduction or storage of Content obtained from this Site is subject to the U.S. Copyright Act. International is the sole and exclusive owner of certain registered and/or unregistered trademarks, service marks, collective service marks (collectively “trademarks”), including, but not limited to:

BW, BESTWESTERN.COM, ; PLUS; PREMIER; TO GO; MARKETPLACE; RIDE REWARDS; LET’S GET TO THE POINTS; RIDER-FRIENDLY; BWRIDER.COM; I CARE; SPEED REWARDS; THE ORIGINAL GLOBAL HOTEL GIFT CARD; ACADEMY; SLEEP AND FLY; WELCOME TO THE PREMIER LIFE; BHUVANA MY SPA; THE GIFT THAT TAKES YOU PLACES; GIVE THE GIFT OF TRAVEL; FOR A BETTER WORLD; FOR A GREENER WORLD; BEST OF THE BEST; KNOCK KNOCK; MY BEST CUSTOMER CARE; RACE FAN RATE; ULTRA CLEAN; MORE PERKS. MORE PRIVILEGES; STATUS MATCH…NO CATCH; THE WORLD’S BIGGEST HOTEL FAMILY; THE WORLD’S LARGEST HOTEL CHAIN; 1-800-WESTERN; BEST REQUESTS; BESTCHEQUE; GETAWAY ESCAPES; BUSINESS PLUS; BEST START; BEST BUSINESS SELECT; BEST BUSINESS WORLDWIDE; BESTRATES; REWARDS; BW REWARDS; GROUPS ONLINE; LYNX

All other trademarks not owned by International that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by International or its subsidiaries.

International Inc. holds a nonexclusive license to U.S. Patent Nos. 5,774,870, 6,009,412, and 6,578,012 owned by Affinion Net Patents, Inc.

LINKS TO THIRD PARTY SITES

The Site may contain links to sites owned or operated by parties other than International. Such links are provided for your convenience only. International does not control, and is not responsible for, the content or privacy policies on, or the security of, such sites. Without limiting the foregoing, International specifically disclaims any responsibility if such sites: (a) infringe any third party’s intellectual property rights; (b) are inaccurate, incomplete or misleading; (c) are not merchantable or fit for a particular purpose; (d) do not provide adequate security and privacy; (e) contain viruses or other items of a destructive nature; (f) or are libelous or defamatory. International does not endorse the content, or any products or services available, on such sites. If you establish a link to such sites, you do so at your own risk and without the permission of International.

PRIVACY

Your use of the Site is subject to the International Privacy Policy. If you would like to view the privacy practices that govern how we process information provided on this Site, please review our Privacy Statement. By using our Site, you consent to your personal information being used as set out in our Privacy Statement.

ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711): WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB SITE LINKED TO THE SITE. WE WILL NOT BE LIABLE FOR THE PRIVACY OF THE INFORMATION, E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT TRANSMITTED OVER NETWORKS ACCESSED BY THE SITE, OR OTHERWISE CONNECTED WITH YOUR USE OF THE SITE.

LIMITATION OF LIABILITY

Except where prohibited by law, in no event shall International be liable for any special, indirect or consequential damages or any damages whatsoever, including loss of profits or data, whether in an action in contract or tort, arising out of the use or performance of the Site or the Content, or the performance or non-performance by best western or any third party providers of products or services related to this Site. This limitation of liability shall apply regardless of whether the claim asserted is based on contract, negligence, or any other theory of recovery, even if International has been advised of the possibility of such damages.

WARRANTY

Except where prohibited by law, this Site and the Content are provided “AS IS” without any warranty, representation, condition, undertaking or term of any kind, express or implied, statutory or otherwise, including without limitation, the warranties of merchantability, non-infringement of intellectual property, or fitness for a particular purpose. International does not warrant the accuracy or completeness of the information, text, graphics, links or other items of this Site or its Content. International may make changes to the Content, or the programs, policies or other information described in the Content, at any time without notice. International makes no commitment to update the Content.

GOVERNING LAW

Any controversy or claim arising out of or relating to these Terms of Use or relating to the use of the Site or the Content contained in this site shall by governed by the laws of the State of Arizona, United States of America, exclusive of the choice of law rules thereof, and shall be resolved in a state or federal court in Arizona.

MERGER/WAIVER/SEVERABILITY

These Terms of Use constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior oral and written agreements. No failure or delay on the part of International in exercising any right or remedy hereunder or enforcing the terms and conditions of these Terms of Use will operate as a waiver thereof. If any part or provision of these Terms of Use is found to be invalid, unenforceable or void, then the remaining portion shall remain in full force and effect. Headings are for convenience only and not for use in interpretation of these Terms of Use.

NOTICES

All notices and other communications permitted or required by the provisions of these Terms of Use may be given by electronic mail, post mail or, if by International, by posting such notice on this Site. Notice is deemed given upon receipt by you if sent by electronic mail or post mail, or immediately upon posting to this Site.

©2012 International, Inc. All Rights Reserved. Each Best Western® branded hotel is independently owned and operated.