RezQuest website is presented to you by GlobeTek Select Inc. and any of its subsidiary websites provided to you are subject to the following terms and conditions of service. Your subscription to the any of the services listed on the various GlobeTek Select Inc. websites and use of the websites indicate that you accept and agree to be bound by these terms and conditions of service.
2. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. 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 account and refuse any and all current or future use of the Service (or any portion thereof).
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and member account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify GlobeTek Select Inc. of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. GlobeTek Select Inc. can not and will not be liable for any loss or damage arising from your failure to comply with this Section 4.
5. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not GlobeTek Select Inc., are entirely responsible for all Content that you upload, post, e-mail or otherwise transmit via the Service. GlobeTek Select Inc. does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will GlobeTek Select Inc. be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Service.
You agree to not use the Service to upload, post, e-mail or otherwise transmit any Content that:
is unlawful, defamatory, obscene, invasive of another's privacy, hateful, or otherwise objectionable;
you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information );
infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; or
interferes with or disrupts the Service or servers or networks connected to the Service
GlobeTek Select Inc. and its designees shall have the right to remove any Content that violates the Terms of Service or is other wise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge and agree that GlobeTek Select Inc. may preserve Content and may also disclose Content 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 these Terms of Service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of GlobeTek Select Inc. , its users and the public.
You agree to indemnify and hold GlobeTek Select Inc. and it’s subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.
7. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
8. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that GlobeTek Select Inc. may establish general practices and limits concerning use of the Service. Content will be retained by the Service, the maximum disk space that will be allotted on GlobeTek Select Inc. servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that GlobeTek Select Inc. has no responsibility or liability for the deletion or failure to store any information and other or other Content maintained or transmitted by the Service. You acknowledge that GlobeTek Select Inc. reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that GlobeTek Select Inc. reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
9. MODIFICATIONS TO SERVICE
GlobeTek Select Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that GlobeTek Select Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that GlobeTek Select Inc., in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if GlobeTek Select Inc. believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. GlobeTek Select Inc. may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service may be effected without prior notice, and acknowledge and agree that GlobeTek Select Inc. may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that GlobeTek Select Inc. shall not be liable to you or any third-party for any termination of your access to the Service.
11. CLOBETEK SELECT INC'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in listing displays, advertisements or information presented to you through the Service Providers or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by GlobeTek Select Inc. or Service Providers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GLOBETEK SELECT INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
GLOBETEK SELECT INC. MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GLOBETEK SELECT INC. OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GLOBETEK SELECT INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GLOBETEK SELECT INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
14. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 12 AND 13 MAY NOT APPLY TO YOU.
15. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. GlobeTek Select Inc. shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
16. DISCLAIMER REGARDING SEARCH
Search and Directory are free services offered by GlobeTek Select Inc. . Because the Web changes constantly, no search engine technology can possibly have all accessible sites at any given time. Thus, GlobeTek Select Inc. explicitly disclaims any responsibility for the Content or availability of information contained in our search index or directory.
17. DISCLAIMER TO USERS OF GLOBETEK SELECT INC. SHOPPING
GlobeTek Select Inc. has created GlobeTek Select Inc. Shopping in order to help you find as many prominent online accommodations as possible via RezQuest.com. Although we have reviewed each site linked from the GlobeTek Select Inc. links, the sites that are linked to GlobeTek Select Inc. from merchants are owned and operated by independent retailers, and therefore, we cannot ensure that you will be satisfied with their products, services, or business practices. You are strongly encouraged to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
GlobeTek Select Inc. is a supplier of privately-owned vacation rental accommodations and is not a licensed travel agency nor provide any travel-related services.
Chaletselect.com, the ChaletSelect logo, bbselect.com, the selectaccom.com logo, and other marks and logos, and service names are trademarks of GlobeTek Select Inc. Without GlobeTek Select Inc. prior permission, you agree not to display or use in any manner the GlobeTek Select Inc. Marks.
19. UNSOLICITED BULK E-MAIL
Any GlobeTek Select Inc. e-mail user who sends unsolicited advertisements or solicitations, commercial or otherwise, may have their account disabled and be disallowed further service. GlobeTek Select Inc. has the sole discretion to immediately disable any account in order to forestall further abuse or damage to e-mail systems. Should this occur, the e-mail user shall be notified as soon as reasonably possible. Unsolicited advertisements or solicitations sent from other networks which reference e-mail accounts hosted at GlobeTek Select Inc. shall be treated as if they originated from the account referenced, unless there is sufficient reason given for GlobeTek Select Inc. operations staff to believe that the message truly originated with some unrelated party. Postings made to online forums which reference e-mail accounts hosted at GlobeTek Select Inc. , and are deemed to be inappropriate according to the local ethical standards of that forum, may be treated in the same manner as unsolicited bulk e-mail.
In this Section 19, "E-mail user" refers to the person, persons, or entity using a specific account (designated by a unique e-mail address) within the domains controlled by GlobeTek Select Inc.
COPYRIGHT. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.
Easier RezQuest.com and others are our service marks or registered service marks or trademarks. Other product and company names mentioned on the Site may be trademarks of their respective owners.
LIMITED LICENSE; PERMITTED USES. You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
RESTRICTIONS AND PROHIBITIONS ON USE. Your license for access and use of the Site and any information, materials or documents (collectively defined as "Content and Materials") therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by 'LIMITED LICENSE; PERMITTED USES' above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved there from; (b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism.
NO WARANTEES. YOU UNDERSTAND AND AGREE THAT THE SERVICES, THE SITE AND/OR ANY MATERIALS PROVIDED ON THE SITE, ARE PROVIDED "AS IS" AND REZQUEST, ITS PARTNERS, SUPPLIERS AND RESELLERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. REZQUEST, ITS PARTNERS, SUPPLIERS AND RESELLERS MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND/OR SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE AND/OR SERVICES, REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE AND/OR SERVICES, REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE AND/OR SERVICES OR THAT THE SITE AND/OR SERVICES WILL MEET ANY USER'S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE SITE AND/OR SERVICES IS AT YOUR SOLE RISK. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE AND/OR SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM THE USE OF THE SITE AND/OR SERVICES. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SITE AND/OR SERVICES REMAINS WITH YOU. You agree to indemnify, defend and hold harmless RezQuest, its Partners, officers, directors, employees, consultants, agents, suppliers and Resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of the Site and/or Services.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL REZQUEST OR ITS PARTNERS, SUPPLIERS OR RESELLERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE AND/OR SERVICES OR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON YOUR ACCOUNT TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF EMAILS FROM EASYREZ OR OF ANY MATERIALS, DATA, TEXT OR IMAGES FROM THE SITE OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF REZQUEST, ITS PARTNERS, SUPPLIERS OR RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, REZQUEST, ITS PARTNERS', SUPPLIERS' AND RESELLERS' MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES (IF ANY) IN THE PREVIOUS 12 MONTHS. Because some jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.
LINKS TO THIRD PARTY SITES. Links within the RezQuest Site may let you leave the Site and visit web sites that are not controlled by RezQuest. Neither RezQuest nor any of RezQuest 's Partners is responsible for any content of any such linked web site. Links are provided only as a convenience and do not imply any endorsement by RezQuest or any of the Partners. If you decide to access other Web sites, you do so at your own risk.
LINKING TO THE SITE. You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.
GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario without reference to its conflicts of laws principles. Any litigation or arbitration with respect to the subject matter herein will take place in Ottawa, ON., and RezQuest and you (the "parties") consent and agree to personal jurisdiction and venue in any forum located therein. The parties agree that any dispute arising from the performance of this Agreement will be submitted to a mutually acceptable mediator. In the event the dispute remains unresolved after fifteen (15) days from either party's first attempt to arrange mediation (or such longer period as both parties may mutually agree in writing), then such dispute will be resolved by binding arbitration pursuant to the Commercial Arbitration Act (Ontario).