Welcome
to TravelodgeTorontoDowntown.com (this "Web Site").
TRAVELODGE TORONTO DOWNTOWN WEST provides this Web Site subject
to the following terms of use (these "Terms"). These
Terms explain a contractual agreement between you ("User,"
"You," "Your") and TRAVELODGE TORONTO
DOWNTOWN WEST ("We," "Us," "Our")
regarding Your use of this Web Site. You should print a copy
of these Terms for Your records. Please note, however, that
We may update and amend these Terms from time to time.
1. WHAT YOU SHOULD KNOW
The goal of this Web Site
is to provide You with access to information about Our hotel's
facilities, services, products, and related links to meet
Your needs (the "Content"). The Terms are meant
to protect all of Our visitors to this Web Site, and Your
access to and use of this Web Site signifies Your agreement
with these Terms. DO NOT USE THIS WEB SITE IF YOU DO NOT
AGREE WITH THESE TERMS. We reserve the right, in Our sole
discretion, to modify, alter or otherwise update these Terms
at any time. Such modifications, alterations, and updates
shall be effective immediately upon posting. You agree to
be bound by such modified, altered, and updated Terms if
You access or use this Web Site after We have posted notice
of such modifications, alterations or updates.
Consistent with Our goals,
this Web Site will permit You to link to many other Web
sites that may or may not be affiliated with this Web Site
and/or with Us. The other linked Web sites have different
terms of use that are not the same as these Terms. Your
access to and use of such linked Web sites through links
provided on this Web Site is governed by the terms of use
and policies of those sites, not this Web Site.
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2. PRIVACY
Registration data and certain
other information about You is subject to our Privacy Policy.
For more information, please review Our Privacy Policy.
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3. USE OF THIS WEB SITE
We control and operate
this Web Site. All Content on this Web Site, including,
but not limited to, text, images, illustrations, audio clips,
and video clips, is protected by copyrights, trademarks,
service marks, and/or other intellectual property rights
(which are governed by Canadian and worldwide copyright
laws and treaty provisions, privacy and publicity laws,
and communication regulations and statutes). The Content
is owned and controlled by Us or Our affiliates, or by third
party content providers, merchants, sponsors and licensors
(collectively the "Providers") that have licensed
their content or the right to market their products and/or
services to Us. Content on this Web Site or any Web site
owned, operated, licensed or controlled by the Providers
is solely for Your personal, non-commercial use. You agree
to abide by all additional copyright notices, information,
or restrictions contained in any Content. You may download
a single copy of any Content contained on this Web Site,
solely for Your personal, non-commercial use, consistent
with these Terms, provided that You maintain all copyright
and other notices contained in such Content.
You may not copy, reproduce,
republish, upload, post, transmit, distribute, and/or exploit
the Content in any way (including by e-mail or other electronic
means) for commercial use without the prior written consent
of Us or the Providers. You may request consent by faxing
a request to TRAVELODGE TORONTO DOWNTOWN WEST at 416.504.7441.
Your modification of the Content, use of the Content on
any other Web site or networked computer environment, or
use of the Content for any purpose other than personal,
non-commercial use, without the prior written consent of
Us or the Providers, violates the intellectual property
rights and proprietary rights of the Content owners and
is prohibited.
You may not use on Your
Web site any registered or unregistered trademarks, service
marks or copyrighted materials appearing on this Web Site,
including but not limited to any logos or characters, without
the express written consent of the owner of the mark or
copyright. You may not frame, deep link, or otherwise incorporate
into another Web site any of the Content or other materials
on this Web Site without Our express prior written consent.
.
Violation of trademark
and copyright laws may result in significant civil liability
or criminal penalties under Canadian and/or worldwide copyright
and trademark laws. You recognize that any reproduction
or use of Content, except as authorized by these Terms,
is considered intentional infringement.
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4. USER'S RESPONSIBILITIES
You warrant and represent
to Us that You will not use this Web Site for any purpose
that is unlawful or prohibited by these Terms, including
without limitation the posting or transmitting any threatening,
libelous, defamatory, obscene, scandalous, inflammatory,
pornographic, or profane material. If You violate any of
these Terms, Your permission to use this Web Site immediately
terminates without the necessity of any notice. We retain
the right to deny access to anyone at Our discretion for
any reason, including for violation of these Terms.
You are solely responsible
for Your Information, and We act as a passive conduit for
Your online distribution and publication of Your Information.
As used in these Terms, "Information" means any
information or data that You submit to this Web Site and
any information or data that is generated by this Web Site
as a result of Your use of this Web Site.
In the event that You are
provided with User identification numbers or codes (collectively,
"ID's"), confirmation numbers, and/or passwords
(as applicable) in the use of this Web Site, You shall maintain
such User ID's, confirmation numbers, and/or passwords in
confidence and You agree not to distribute or disclose the
same to third parties. It is Your responsibility to notify
Us if We need to change or discontinue any of Your ID's,
confirmation numbers, or passwords. It is also Your responsibility
to immediately request discontinuation of an ID, confirmation
number, or password upon Your knowledge or belief that such
ID, confirmation number, and/or password is, or may be subject
to, a breach of confidentiality. We may suspend or terminate
Your service or access to this Web Site if We believe a
breach of these Terms has occurred.
You agree to provide true,
accurate, current and complete Information. If You provide
any Information that is untrue, inaccurate, not current
or incomplete (or We have reasonable grounds to suspect
that such Information is untrue, inaccurate, not current
or incomplete), We have the right to suspend or terminate
Your access and activity, and refuse any and all current
or future use, of this Web Site.
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5. PROHIBITED ACTIVITIES
You are specifically prohibited
from any use of this Web Site, and You agree not to use
or permit others to use this Web Site, for any of the following:
(a) take any action that imposes an unreasonable or disproportionately
large load on the Web Site's infrastructure, including but
not limited to "spam" or other such unsolicited
mass e-mailing techniques; (b) disclose to, or share with,
the assigned confirmation numbers and/or passwords with
any unauthorized third parties or using the assigned confirmation
numbers and/or passwords for any unauthorized purpose; (c)
attempt to decipher, decompile, disassemble or reverse engineer
any of the software or HTML code comprising or in any way
making up a part of this Web Site; (d) upload, post, emailing
or otherwise transmitting any Information, Content, or proprietary
rights that You do not have a right to transmit under any
law or under contractual or fiduciary relationships; (e)
violating any applicable municipal, provincial, federal,
national or international law, including, but not limited
to, any regulations having the force of law; and, (f) using
any robot, spider, intelligent agent, other automatic device,
or manual process to search, monitor or copy Our Web pages,
or the Content without Our prior written permission, provided
that generally available third party Web browser such as
Netscape Navigator® and Microsoft Internet Explorer®
may be used without such permission.
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6. INFORMATION POSTED TO WEB SITE
With respect to all Information
You elect to post to publicly accessible areas of the Web
Site, You agree that We have the right to use, reproduce,
modify, publish, perform and display such Information (in
whole or part) worldwide; provided that such use is subject
to the terms of Our Privacy Policy.
You acknowledge and agree
that We may preserve Information and may also disclose Information
if required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably necessary
to: (a) comply with legal process; (b) enforce the Terms;
(c) respond to claims that any Information violates the
rights of third-parties; or (d) protect the rights, property,
or personal safety of Our business, employees, Providers,
affiliates, users, and/or the public.
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7. LINKS TO THIRD PARTY SITES
This Web Site may contain
links to third-party Web sites not under Our control or
operation (the "Linked Sites"). The links will
let You leave this Web Site, and You access them at Your
own risk. You acknowledge that We provide the Linked Sites
for Your convenience and information only. We do not endorse
nor are We responsible for any content, information, or
other related materials found at any such Linked Sites or
any links contained within such Linked Sites, whether or
not We are affiliated with the owners of such Linked Sites.
You may not establish a hyperlink to this Web Site or provide
any links that state or imply any sponsorship or endorsement
of Your Web site by Us or the Providers.
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8. DEALINGS WITH ADVERTISERS
Your correspondence or
business dealings with, or participation in promotions of,
advertisers found on or through this Web Site, including
payment and delivery of related goods or services, and any
other terms, conditions, warranties, or representations
associated with such dealings are solely between You and
such advertiser. You agree that We (and the Providers) shall
neither be responsible nor liable for any loss or damage
incurred by You as the result of any such dealings or as
the result of the presence of such advertisers on this Web
Site.
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9. NO WARRANTIES
ALL CONTENT ON THIS WEB
SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES
OF ANY KIND EITHER EXPRESSED OR IMPLIED. OTHER THAN THOSE
WARRANTIES WHICH, UNDER CANADIAN LAWS APPLICABLE TO THESE
TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION,
RESTRICTION, OR MODIFICATION, WE DISCLAIM ANY AND ALL WARRANTIES,
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
NEITHER WE, OUR AFFILIATED
OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED
IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB
SITE, WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE
WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE
CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY
FOR YOUR CONVENIENCE AND INFORMATION ONLY. WE DO NOT WARRANT
OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE
RELIABILITY, ACCURACY OR CURRENCY OF ANY CONTENT, SERVICE,
AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS
WEB SITE.
WE ARE NOT A PUBLISHER.
WE HAVE NO MORE EDITORIAL CONTROL OVER SUCH INFORMATION
AND CONTENT THAN DOES A PUBLIC LIBRARY OR NEWSSTAND. ANY
OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS, OR OTHER
INFORMATION EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES
(INCLUDING IN THE LINKED SITES) ARE THOSE OF THE RESPECTIVE
AUTHORS OR DISTRIBUTORS OF SUCH CONTENT.
YOU USE THIS WEB SITE AT
YOUR OWN RISK. YOU (AND NOT US) ASSUME THE ENTIRE COST OF
ALL NECESSARY SERVICING (INCLUDING WITHOUT LIMITATION YOUR
INTERNET CONNECTION) AND REPAIR OR CORRECTION OF YOUR SYSTEM.
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10. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE NOR
OUR AFFILIATED OR RELATED ENTITIES (INCLUDING PROVIDERS),
NOR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES
OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION,
PRODUCTION AND DISTRIBUTION OF THIS WEB SITE, BE LIABLE
FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE
OR EXEMPLARY DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY,
OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY,
REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION
FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER
LINKED SITE.
SOME JURISDICTIONS DO NOT
ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF
LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT
APPLY TO YOU. THE LIABILITY OF TRAVELODGE TORONTO DOWNTOWN
WEST WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
BY WAY OF EXAMPLE ONLY,
WE AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE
OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM: FAILURE
OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION,
UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS,
OR THE RELIANCE UPON OR USE OF CONTENT, INFORMATION, OPINIONS
OR OTHER MATERIALS APPEARING ON THIS WEB SITE. MOREOVER,
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE
OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL
CONDUCT OF OTHER USERS OR THIRD PARTIES.
The limitation of liability
reflects the allocation of risk between the parties. The
limitations specified in this Section 10 will survive and
apply even if any limited remedy specified in these Terms
is found to have failed of its essential purpose. The limitations
of liability provided in these Terms inure to the benefit
of Us and the Providers, and to all respective officers,
directors, employees, representatives, attorneys, and agents.
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11. GOVERNING LAW AND JURISDICTION
This Web Site can be accessed
from most of the countries around the world. As each of
these places has laws that may differ from those of Canada,
by accessing this Web Site, You agree that these Terms and
Your use of the Web Site shall be governed in all respect
by the internal substantive laws of Canada, without regard
to conflict of laws provisions. You further submit to exclusive
jurisdiction and venue in the courts of Law located in the
Province of Ontario, Canada for all disputes, cases and
controversies regarding this Web Site, Your use of this
Web Site, and Your relationship with Us. We make no representation
that materials on this Web Site are appropriate or available
for use in other locations, and accessing them from territories
where the Content is illegal is prohibited. Those who choose
to access this Web Site from other locations do so at their
own risk and are responsible for compliance with local laws,
including laws regarding the transmission of technical data
exported from Canada or the country in which You reside.
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12. INDEMNIFICATION
We reserve the right to
report any wrongdoing, if and when We become aware of it,
to any applicable government agencies. You agree to indemnify,
defend and hold Us and the Providers, Our and their officers,
directors, employees, affiliates, agents, licensors, and
suppliers harmless from and against any and all claims,
demands, actions, costs, liabilities, losses and damages
of any kind (including attorneys' fees) resulting from Your
use of this Web Site, Your breach of any provision of these
Terms and/or any negligent acts, omissions or intentional
wrongdoing by You. Any such indemnification shall be conditioned
on Our: (a) notifying You in writing of any such claim,
demand, action, cost, liability, loss or threat of any thereof;
(b) cooperating with You in the defense or settlement thereof;
and (c) allowing You to control such defense or settlement.
We shall be entitled to participate in such defense at Our
own cost and expense.
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13. MESSAGE BOARDS
In the event that We provide
message boards or discussion forums on this Web Site (the
"Forums"), You agree to use the Forums only in
a noncommercial manner. You shall not, without our express
approval, distribute or otherwise publish any material containing
any solicitation of funds, advertising, or written solicitation
for goods and services. You agree that any uploaded materials
may be republished without compensation to You or any other
person or entity. In addition, You warrant that all moral
rights in any uploaded materials have been waived. While
We do not and cannot review every message posted by You
or any other User in the Forums, and although We are not
responsible for these messages, We reserve the right (but
not the obligation) to delete, move, or edit messages that
We, in our sole discretion, deem abusive, defamatory, obscene,
in violation of copyright or trademark laws, or otherwise
unacceptable. We do not endorse any Information posted on
this Web Site.
You agree that You must
evaluate, and bear all risks associated with, the use of
any messages, Information, or Content, including any reliance
on the accuracy, completeness, or usefulness of such messages,
Information, or Content. In this regard, You acknowledge
that You may not rely on any Content We create or information
submitted to Us by third parties, including without limitation,
information in the Forums, and in all other parts of this
Web Site.
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14. OTHER GENERAL PROVISIONS
These Terms are for the
benefit of Us and the Providers, Our and their officers,
directors, employees, affiliates, agents, licensors, and
suppliers. Each of these individuals or entities shall have
the right to assert and enforce these Terms directly against
You on its (or their own) behalf. Our failure to act with
respect to a breach by You or others does not waive Our
right to act with respect to subsequent or similar breaches.
If any provision of these
Terms is held to be invalid or unenforceable, such provision
will be struck and the remaining provisions enforced. Headings
are for reference purposes only.
You and We are dealing
at arms' length, creating a commercial relationship. We
are not Your Agent or Your fiduciary.
The provisions and conditions
of these Terms, and each obligation referenced herein, represent
the entire Agreement between Us (including the Providers),
Our affiliated or related entities, and You, and supersede
any prior agreements or understandings not incorporated
herein. In the event that any inconsistencies exist between
these Terms and any future published terms of use or understanding,
the last published Terms shall prevail.
WE RESERVE ANY RIGHTS
NOT EXPRESSLY GRANTED OR STATED IN THESE TERMS.
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