AGREEMENT FOR USE
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 this Site. You are responsible for maintaining the confidentiality and security of your login and password, and you accept responsibility for all activities that occur under your account or password. You must notify Best Western International, Inc. ("Best Western") immediately if the security of your login or password has been breached.
LICENSE AND SITE ACCESS
Best Western 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 in, or management of, a Best Western 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 to access or use 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 Best Western. 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 Best Western. 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 Best Western and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Best Western's name or trademarks without the express written consent of Best Western. Any unauthorized use terminates the license granted by Best Western. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Best Western so long as the link does not portray Best Western, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Best Western logo or other proprietary graphic or trademark as part of the link without express written permission. Any rights not expressly granted herein are reserved.
You agree not to: (a) copy, display, modify, reproduce, or otherwise transfer any Content to any third party without the prior written permission of Best Western; (b) interfere or disrupt networks connected to this Site; (c) use or attempt to use any device, software, or routine which interferes with the proper functioning of this Site or any transactions being offered through this 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 this 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 this Site which violates any local, state, provincial, federal, international, or other law; (f) deliver any communication to or through this Site that contains defamatory, libelous, abusive, or obscene material; or (g) deliver any communication to or through this Site that will infringe upon the rights of any third party.
This Site and the Content contains Best Western® trademarks and copyrighted material or trademarks and copyrighted material that we are authorized to use ("Intellectual Property"). But, 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. Best Western is the sole and exclusive owner of certain registered and unregistered trademarks, service marks, and collective service marks (collectively "trademarks"), including, but not limited to:
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Best Western 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
This Site may contain links to sites owned or operated by parties other than Best Western. Such links are provided for your convenience only. Best Western does not control, and is not responsible for, the content or privacy policies on, or the security of, such sites. Without limiting the foregoing, and unless otherwise prohibited by the laws of your jurisdiction. Best Western 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; or (f) are libelous or defamatory. Best Western 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.
LIMITATION OF LIABILITY
Except where prohibited by law, in no event shall Best Western 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 this 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 Best Western has been advised of the possibility of such damages.
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. Best Western does not warrant the accuracy or completeness of the information, text, graphics, links or other items of this Site or its Content. Best Western may make changes to the Content, or the programs, policies, or other information described in the Content, at any time without notice. Best Western makes no commitment to update the Content.