This is a legal agreement (the "Agreement") between you, the user, and
(Bank Card Consultants) located in Orange County, California, United States ("Bank Card Consultants").
1. RIGHTS, RESPONSIBILITIES. Bank Card Consultants grants you a non-transferable, non-exclusive license to access this web site and to view and download information contained at this web site (collectively, the "Site"), solely for your own personal, non-commercial use, subject to your ongoing compliance with all terms of this Agreement. You agree to be responsible for all access of this Site by your equipment or account, whether by you or others. You are also solely responsible for providing and maintaining all equipment, software and services needed to access and use the Site. You agree not to use the Site for any unlawful purpose. You agree not to rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Site or use it in any manner not expressly authorized by this Agreement. You agree not to copy, reverse engineer, translate, port, modify or make derivative works of the Site. You agree not to use the Site to operate a service bureau or for any other use involving the processing of data of other persons or entities. You do not receive any, and Bank Card Consultants retain all, ownership rights in the Site.
2. EXCLUSION OF WARRANTY, LIABILITY. The Site is provided to you on an "AS IS" and "WITH ALL FAULTS" basis. You assume the entire risk of loss in using the Site. Due to its large size and complexity, the Site may contain inaccuracies, omissions, errors or other defects. Bank Card Consultants and its suppliers do not warrant that the Site will meet your needs or expectations, that the Site will be error free or uninterrupted, that errors can or will be corrected, that the Site is reliable or timely, or that any information on the Site will provide any particular results or usefulness. Bank Card Consultants and its suppliers reserve the right to make changes and improvements to, or discontinue the Site or any part thereof. Further, Bank Card Consultants does not represent that the Site is appropriate or authorized for use in all countries, states, counties or other jurisdictions; accordingly, you are responsible for compliance with all applicable laws in accessing the Site. Bank Card Consultants reserves the right to list any property which, in Bank Card Consultants sole judgment, meets the general requirements of the "bed & breakfast" customer including some properties that do not serve breakfast, complimentary or otherwise.
Bank Card Consultants AND ITS SUPPLIERS MAKE AND YOU RECEIVE NO WARRANTY, WHETHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY EXCLUDED AND DISCLAIMED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR ANY PARTICULAR PURPOSE.
IN NO EVENT SHALL Bank Card Consultants OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES, CLAIM OR LOSS INCURRED BY YOU (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOST PROFITS, LOST SALES OR BUSINESS, EXPENDITURES, INVESTMENTS, OR COMMITMENTS, LOSS OF ANY GOODWILL, OR DAMAGES RESULTING FROM LOST, DAMAGED OR MISAPPROPRIATED DATA, INABILITY TO USE DATA, DELAYS, INTERRUPTIONS, OR COMPUTER VIRUSES), IRRESPECTIVE OF WHETHER Bank Card Consultants OR ITS SUPPLIERS HAVE BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS. IF THE WARRANTY EXCLUSION OR LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT SHALL FOR ANY REASON WHATSOEVER BE HELD UNENFORCEABLE OR INAPPLICABLE, USER AGREES THAT Bank Card Consultants AND ITS SUPPLIERS' LIABILITY SHALL NOT EXCEED $1 U.S. Some states do not allow the exclusion or limitation of incidental or consequential damages or the limitation of duration of an implied warranty, so the limitation or exclusion herein may not apply to you. This warranty shall not be applicable to the extent that any provision of this warranty is prohibited by any federal law, or by any state or local law, which cannot be preempted. This warranty gives you specific legal rights, and you may also have other rights, which vary from state to state.
3. SUBMITTED INFORMATION. You agree not to submit to the Site any information that infringes upon or violates the privacy, rights, trademarks, copyrights or other intellectual property rights of others, anything that is illegal, defamatory, obscene, harassing, offensive, objectionable or sexually explicit, that encourages a violation of the law, that contains a virus, that is off-topic, or, without Bank Card Consultants permission, that contains any solicitation or advertising. You agree to indemnify and hold harmless Bank Card Consultants from any damages and costs, including without limitation court costs and attorneys' fees, arising from your use of the Site. By submitting information to the Site, you grant Bank Card Consultants the royalty-free, perpetual, irrevocable, non-exclusive right to use, edit, copy, modify, adapt, combine, incorporate, publish, publicly perform, translate and distribute all or part thereof in any form and for any purpose whatsoever, and you also permit other users of the Site to use that information subject to the rules of the Site. Bank Card Consultants shall have the right, but not be obligated to, monitor the Site to determine users' compliance with this Agreement and applicable laws. Bank Card Consultants shall have the right in its sole discretion to not publish or remove any submitted information.
4. THIRD PARTY INFORMATION. The Site may contain information submitted by third parties, including without limitation users and suppliers, and may also contain links to third party sites. Those third parties are solely responsible for the content, accuracy and originality of the information they submit. Bank Card Consultants has no more control over such third party content than does a public library, newsstand, or bookstore, and Bank Card Consultants is not responsible for such third party content. Bank Card Consultants do not evaluate or endorse any third party information. It is your responsibility to evaluate all information provided on the Site, or to obtain specific professional advice.
5. COPYRIGHT, TRADEMARKS. This Site compilation and all portions authored by Bank Card Consultants are Copyright © 1999-2001 Bank Card Consultants, California, United States. All rights reserved. Those respective third parties own portions of the Site authored by third parties who have licensed their material to Bank Card Consultants. You agree not to alter or remove any copyright notice or proprietary legend at Site.
Bank Card Consultants, Inc. logo is property of Bank Card Consultants, Inc. and could not be used without permission. Other products or names may be the trademarks of their respective owners.
6. MISCELLANEOUS. This is the exclusive and entire Agreement between Bank Card Consultants and you regarding its subject matter. You may not assign any part of this Agreement without Bank Card Consultants prior written consent. The internal laws of California shall govern this Agreement without reference to choice of law principles. Bank Card Consultants may terminate or restrict your use of the Site at any time without notice if Bank Card Consultants believe you have not fully complied with this Agreement. Further, either party may terminate this Agreement at any time without cause; upon termination for any reason, your obligations under this Agreement shall continue, except that you agree to no longer access or use the Site. You consent to exclusive jurisdiction and venue in the courts of Orange County, California for all matters arising out of or related to this Agreement or the Site. You understand that Bank Card Consultants may comply with law enforcement requests or subpoenas regarding your use of the Site. Bank Card Consultants reserves the right to modify the terms of this Agreement at any time by posting the new terms on the Site, which modifications shall take place immediately. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any prior or subsequent breach or default. If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions of this Agreement shall remain in effect and the invalid or unenforceable provision shall be replaced by a valid, enforceable provision that effectuates the intent of the original provision. Bank Card Consultants suppliers, licensors, affiliates, subsidiaries, employees and agents shall be third party beneficiaries of Bank Card Consultants rights under this Agreement. All rights not granted expressly by this Agreement are reserved.
7. COMMERCIAL COMPUTER SOFTWARE. All software and data on the Site is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (Oct. 1995) consisting of "commercial computer software" and "commercial computer documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Governmental users acquire the information with only those license rights set forth herein. The Site and all portions are Copyright © 1997-2004 Bank Card Consultants, Inc. UNPUBLISHED. ALL RIGHTS RESERVED UNDER THE COPYRIGHT LAWS OF THE UNITED STATES.
8. SPECIAL PROVISIONS FROM LICENSORS. All information provided by third party licensors falls under Section 2 guidelines above and by using those services you agree to the clauses as found in Section 2. Where warranties differ, a separate disclaimer/license will appear on the third party licensor supplied pages. Use of those pages constitutes acceptance of both the Section 2 license above and the third party licensor's disclaimer/license.
9. RESERVATIONS SERVICE. You represent and warrant that you are of legal age to enter into this Agreement and use the Site pursuant to this Agreement, and that the information you submit will be true and accurate. You agree to pay for all goods and services that you, or others using your account, order through the Site, and to pay any taxes levied on your use of the Site or your transactions on the Site, except for those based on Bank Card Consultants annual net income. Additional terms and conditions may apply to your purchase via the Site of goods and services from third parties, and you agree to fully comply with those third parties' terms and conditions.
10. PRIVACY POLICY. Bank Card Consultants understands that the protection and security of your account information, and any other information that is personally identifiable, is of utmost importance. Personally identifying information from users is collected only when the user fills out the registration form, or in other site locations when users knowingly submit such information to Bank Card Consultants (for example, when purchasing goods or services, completing surveys etc.)
We may disclose to third parties certain aggregate information contained in your registration data or related data, provided that, such information will not include personally identifying information, except as specifically authorized by you or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, or to enforce the Agreement.
Bank Card Consultants may send you emails regarding special offers available or other useful information. If you do no wish to receive these emails, you may send us an email asking not to receive emails.
As do most major web sites, this Site may use cookies. Cookies are information from the Site that is stored on your hard drive. Cookies save you time because you do not need to manually reenter the information stored on your hard drive. Cookies also help Bank Card Consultants upgrade the Site by showing when and how users utilize the Site.
Cookies do not by themselves contain any personally identifying information, but may be combined by Bank Card Consultants with other personally identifying information already submitted. Some third parties on the Site (such as advertisers) may send cookies to your hard drive, and such third party cookies are subject to the policies of those third parties.
Your web browser in its default mode probably accepts cookies from this Site and all others. If you wish, you can usually change the setting so that your browser does not accept cookies. However, the Site may not function correctly.