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PLEASE
READ THESE TERMS OF SERVICE AGREEMENT CAREFULLY BEFORE USING THIS SITE.
The Garraway Hotel ("The Garraway Hotel," "we,"
"us") provides this web site, and all site-related services
(collectively, the "Site") subject to your compliance with the
terms and conditions set forth in this agreement (the
"Agreement"). This Agreement governs the relationship between
The Garraway Hotel and you ("you") with respect to your use
of the Site. It is important that you read carefully and understand the
terms and conditions of this Agreement. We reserve the right at any
time to: • Change the terms and
conditions of this Agreement; and • Change the Site,
including eliminating or discontinuing any content on or feature of the
Site. Any changes to the terms and conditions of this Agreement will be
effective immediately upon notice to you, whether provided by a posting
on the Site, by electronic mail, or other means. Your continued use of
the Site after such notice will be deemed acceptance of such changes.
Any changes to the Site shall be effective upon implementation of such
change. Except as otherwise provided, any new content on or features of
the Site shall be subject to this Agreement. Please bookmark this page
and review it periodically to make yourself familiar with the most
recent version. You can determine when we last updated the Agreement by
checking the "Last Revised" date that appears at the top of
the page. 1. Privacy Policy. Please read The Garraway Hotel Privacy
Policy, which is incorporated herein by reference. By using the Site,
you agree to be legally bound by The Garraway Hotel Privacy Policy,
which discusses and governs our collection and use of any information
you submit to us.
2.
Monitoring The Site. We have no obligation to monitor the Site. You
acknowledge and agree, however, that we do retain the right to monitor
the Site and to disclose any information as necessary or appropriate to
satisfy any law, regulation or other governmental request, to operate
the Site properly, or to protect ourselves or our users. We will not
intentionally monitor or disclose any private electronic-mail message
unless required by law. We reserve the right to refuse to post or to
remove any information or materials from any portion of the Site, in
whole or in part, that, in our sole discretion, are unacceptable,
undesirable, inappropriate or in violation of these Terms Of Service.
3.
Ownership and Restrictions on Use. © 2004 The Garraway Hotel. All
Rights Reserved. The Site, including any and all related software,
data, text, images, images, audio and video clips, logos, icons, and
links (collectively, the "Materials"), is owned and operated
by The Garraway Hotel in conjunction with others pursuant to
contractual arrangements, and the Materials (and any intellectual
property and other rights relating thereto) are and will remain the
property of The Garraway Hotel and its licensors and suppliers. The
Materials and the selection, compilation, collection, arrangement, and
assembly thereof are protected by Dominica,
U.S.
and international copyright, trademark, and other laws, and you
acknowledge that these rights are valid and enforceable. Except as
otherwise expressly permitted in this Agreement, you may not copy,
reproduce, republish, upload, post, transmit, or distribute Materials
or other content or information available on or through the Site in any
way without our prior written permission, except you may download and
view one copy of such Materials on any single computer for your
personal, non-commercial home use, provided you keep intact, without
change, each such Material and all copyright and other proprietary
notices in or on such Material. Modification of the Materials or use of
the Materials for any other purpose is a violation of our copyright and
other proprietary rights, and is strictly prohibited. You acknowledge
that you do not acquire any ownership rights by using the Site or the
Materials.
4.
Code of Conduct. While using the Site (including participating in any
Site-related services), you agree not to: • Use any robot, spider, site search/retrieval
application, or other manual or automatic device or process to scrape,
retrieve, index, "data mine," or in any way reproduce or
circumvent the navigational structure or presentation of the Site or
its contents; or • Restrict or inhibit
any other visitor from using the Site, including, without limitation,
by means of "hacking" or defacing any portion of the Site; • Attempt to gain unauthorized access to other computer
systems through the Site; • Use
the Site or Materials for any unlawful purpose; • Express or imply that any statements you make are
endorsed by us, without our prior written consent; • Transmit (a) any content or information that is
unlawful, fraudulent, threatening, abusive, libelous, defamatory,
obscene, or otherwise objectionable, or infringes our or any third
party’s intellectual
property or other rights; (b) any material, non-public
information about companies without the authorization to do so; (c) any
trade secret of any third party; or (d) any advertisements,
solicitations, chain letters, pyramid schemes, investment
opportunities, or other unsolicited commercial communication (except as
otherwise expressly permitted by us); •
Engage in spamming or flooding; •
Transmit any software or other materials that contain any Viruses,
Worms, Trojan horses, defects, date bombs, time bombs, or other items
of a destructive nature; • Modify, adapt,
sublicense, translate, sell, reverse engineer, decompile, or
disassemble any portion of the Site; •
Remove any copyright, trademark, or other proprietary rights
notices contained in the Site or Materials; • "Frame" or "mirror" any part of the
Site without our prior written authorization; • Harvest or collect information about other
Site users without their express consent. While using the Site and/or
Materials, you agree to comply with all applicable laws, rules, and
regulations.
5.
Security. You understand and acknowledge that no data transmission over
the Internet can be guaranteed to be 100% secure and we cannot
guarantee that any personal information you submit to us will be free
from unauthorized third party intrusion. You understand and agree that
all information you submit to The Garraway Hotel is done so at your own
risk.
6.
Internet Access. You acknowledge and agree that in connection with your
use of the Site you must: (a) provide for your own access to the World
Wide Web and pay any service fees associated with such access, and (b)
provide all equipment necessary for you to make such connection to the World
Wide Web, including a computer, software, a modem and a working
telephone line. The Garraway Hotel shall not be responsible for any
malfunctions, errors, crashes or other adverse events that may occur
from your use of the Site.
7.
Links. The Site contains links to other Internet web sites, which may
or may not be owned or operated by The Garraway Hotel. The Garraway
Hotel has not reviewed all of the web sites that are linked to the
Site, and The Garraway Hotel may not have control over such sites. Unless
otherwise explicitly stated, The Garraway Hotel is not responsible for
the content of such web sites, or the privacy or other practices of
such sites, and the fact that The Garraway Hotel offers such links does
not indicate any approval or endorsement of any material contained on
any linked site. The Garraway Hotel is providing these links to you
only as a convenience. Accordingly, we strongly encourage you to become
familiar with the terms of service and practices of any linked site.
Further, it is up to you to take precautions to ensure that whatever
links you select or software you download (whether from the Site or
other sites) is free of such items as viruses, worms, trojan horses,
defects, date bombs, time bombs, and other items of a destructive nature.
8.
Trademarks. The trademarks, logos, and service marks displayed on the
Site (collectively the "Trademarks") are the registered and
unregistered trademarks of The Garraway Hotel, The Garraway Hotel’s licensors and suppliers, and others. The
Trademarks owned by The Garraway Hotel, whether registered or
unregistered, may not be used in connection with any product or service
that is not The Garraway Hotel’s,
in any manner that is likely to cause confusion with customers, or in any
manner that disparages The Garraway Hotel. Unless otherwise expressly
granted in this Agreement, nothing contained on the Site should be
construed as granting, by implication, estoppel or otherwise, any
license or right to use any Trademark without the express written
permission of The Garraway Hotel, The Garraway Hotel’s licensors or suppliers, or the third-party
owner of any such Trademark. Misuse of any Trademarks is prohibited,
and The Garraway Hotel will aggressively enforce its intellectual
property rights in such Trademarks, including via civil and criminal
proceedings.
9.
Those who choose to access the Site from other locations do so on their
own initiative and at their own risk, and are responsible for
compliance with local laws, if and to the extent local laws are applicable.
Unless provided otherwise in the applicable official rules,
participation in any Contest is limited to individuals who are legal
residents of Dominica.
We reserve the right to limit the availability of the Site (including
the provision of any service or other product described thereon) to any
person, geographic area or jurisdiction, at any time and in our sole
discretion, and to limit the quantities of any such service or product
that we provide. VOID OUTSIDE OF THE ELIGIBILITY AREA AND WHERE OTHERWISE
PROHIBITED BY LAW.
10.
Termination. This Agreement shall remain effective until terminated in
accordance with its terms. Either party may terminate this Agreement
immediately upon notice to the other party. In addition, we reserve the
right to immediately terminate this Agreement, and/or your access to
and use of the Site or any portion thereof, at any time and for any
reason, with or without cause. Upon termination of this Agreement by
either party, your right to use the Site and any licenses granted herein
shall immediately cease, and you shall destroy all Materials obtained
from the Site and all copies thereof, whether made under the terms of
this Agreement or otherwise.
11.
Disclaimers. THE SITE, THE MATERIALS ON THE SITE, AND ANY PRODUCT OR
SERVICE OBTAINED THROUGH THE SITE ARE PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, The
Garraway Hotel AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS,
SPONSORS, AND AGENTS DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY,
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY
WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF
PERFORMANCE, OR USAGE OF TRADE. Applicable law may not allow the
exclusion of implied warranties, so the above exclusions may not apply
to you. The Garraway Hotel AND ITS AFFILIATES, LICENSORS, SUPPLIERS,
ADVERTISERS, SPONSORS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE
SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THE SITE OR THE SERVER (S) ON WHICH THE SITE IS
HOSTED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE
THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE,
COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE
SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY
AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO
OPINION, ADVICE OR STATEMENT OF The Garraway Hotel OR ITS AFFILIATES,
LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, OR OTHER SITE
USERS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY
WARRANTY. ALL ACTIVITIES UNDERTAKEN BY YOU IN CONNECTION WITH THE SITE,
AND YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE
ARE ENTIRELY AT YOUR OWN INITIATIVE AND RISK.
12.
Limitation of Liability. NEITHER The Garraway Hotel NOR ANY OF OUR AFFILIATES,
LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR
DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, OR OTHER
REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER
DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS,
LOSS OF DATA, OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT
LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE
SITE AND/OR MATERIALS CONTAINED ON THE SITE, ANY LINKED SITE OR ANY
ACTIVITY, PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SITE. YOUR SOLE
REMEDY FOR DISSATISFACTION WITH THE SITE, MATERIALS, OR ANY LINKED SITE
IS TO STOP USING THE SITE, MATERIALS, OR LINKED SITE, AS APPLICABLE.
13.
Indemnification. You agree to indemnify, defend, and hold The Garraway
Hotel, our affiliates, licensors, suppliers, advertisers, and sponsors,
and our and their directors, officers, employees, consultants, agents,
and other representatives, harmless from and against any and all
claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or
indirectly out of or from (a) your breach of this Agreement, including
any violation of the Code of Conduct, above; (b) any allegation that
any materials you submit to us or transmit to the Site, or to other web
sites, infringe or otherwise violate the copyright, trademark, trade
secret, or other intellectual property or other rights of any third
party; and/or (c) your activities in connection with the Site and any
Site-related services.
14.
Questions. The Site is provided by The Garraway Hotel. If you have any
questions, comments or complaints regarding this Agreement or the Site,
feel free to contact us at Web Site Inquiries: Garraway@cwdom.dm. This Agreement is
not assignable, transferable, or sub-licensable by you except with The
Garraway Hotel’s prior written
consent. No waiver by either party of any breach or default
hereunder shall be deemed to be a waiver of any preceding or subsequent
breach or default. Any heading, caption, or section title contained in
this Agreement is inserted only as a matter of convenience and in no
way defines or explains any section or provision hereof.
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