| Web Site Terms, Conditions, and Notices for BestMountainResorts.com as set forth by TelState International Corporation dba BestMountainResorts.com dba BestRez
AGREEMENT BETWEEN CUSTOMER AND TELSTATE INTERNATIONAL CORPORATION
This Web site is offered to you, the customer, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Web site constitutes your agreement to all such terms, conditions, and notices. The term “BestRez System” refers to the BestMountainResorts.com web site and/or the BestRez Reservation System which is used by Suppliers and Affiliates, often on their respective web sites. The term “TSI” refers to TelState International Corporation.
USE OF SITE
The purpose of this web site is to facilitate legitimate reservations or purchases. It shall not be used for any other purposes including, without limitation, making false, fraudulent or speculative reservations. You may not post or transmit through or on the web site any (a) libelous, defamatory, obscene, indecent, inflammatory, pornographic, threatening, discriminatory or profane material or (b) material that could constitute or encourage conduct that would be considered a violation of any law or give rise to civil liability.
RESPONSIBILITIES – TSI
TSI will make reasonable efforts to provide the infrastructure necessary for BestRez System users to make online lodging reservations through the BestMountainResorts.com site, through the BestRez Reservation Service, through Affiliate web sites or through Supplier web sites. Access to BestRez System is provided only in accordance with these Terms and Conditions.
RESPONSIBILITIES - SITE USERS
a) Users of this site agree to access it only for making legitimate reservation inquiries, bookings or related purchases.
b) You agree not to use any device, software or routine to interfere, or attempt to interfere, with the proper working of the site. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
c) You agree that any information provided by you will be accurate. You further agree that any information provided by you, as well as any posts, publishings and transmissions effected by you: (i) shall not be fraudulent; (ii) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (iii) shall not violate any law, statute, ordinance or regulation; (iv) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (v) shall not be obscene; and (vi) shall not contain any viruses, Trojan horses, worms, time bombs, or other disabling devices that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
d) You are of an age to enter into legally binding obligations and to be responsible for any and all contractual and financial liabilities that you may incur as a result of the use of this site.
BestRez System and all content contained therein are owned and operated by TSI. All Web site content, including, without limitation, text, graphics, software and all HTML, CGI and other codes and scripts in any format used to implement site content are our property or that of our licensors. Other content may be the property of an Affiliate or Supplier. You may not copy, modify, upload, download, transmit, (re)publish or otherwise distribute any Content from BestRez System except as expressly permitted by these terms and conditions.
COPYRIGHT AND TRADEMARK NOTICES
All Content on BestRez System is protected by United States Copyright Law, Trademark Law and applicable international treaties and conventions governing intellectual property. Any and all trademarks and trade names used in connection with the BestRez System shall remain our exclusive property. Nothing contained in these Terms and Conditions shall be deemed to give you any rights in, or to, any of our trademarks. Use of trademarks contained on this site is not permitted without the prior written approval of TSI. TelState International Corporation, Best Mountain Resorts, BestMountainResorts.com and BestRez are trademarks of TSI. Other product and company names mentioned herein may be the trademarks of their respective owners
TSI AND AFFILIATES AND SUPPLIERS OF BESTREZ SYSTEM MAKE NO WARRANTY OF ANY KIND REGARDING BESTREZ SYSTEM AND/OR ANY INFORMATION, CONTENT OR DATA PROVIDED ON OR THROUGH BESTREZ SYSTEM, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. FURTHER, TSI, AFFILIATES AND MAKE NO WARRANTY OR GUARANTEE AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE INFORMATION, CONTENT OR DATA FOUND ON BESTREZ SYSTEM (INCLUDING, WITHOUT LIMITATION, PHOTOGRAPHS, LIST OF LODGING AMENITIES, PRODUCT DESCRIPTIONS, ETC, MUCH OF WHICH INFORMATION IS PROVIDED BY RESPECTIVE SUPPLIERS), INCLUDING, BUT NOT LIMTED TO, ITS AVAILABILITY, ACCESS, ACCURACY OR TIMELINESS, AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THOSE ARISING BY LAW, COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH MAY VARY FROM JURISDICTION TO JURISDICTION.
THE LODGES AND OTHER SUPPLIERS PROVIDING LODGING OR OTHER PRODUCTS OR SERVICES FOR BESTREZ SYSTEM ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF TSI OR ITS AFFILIATES. TSI AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. TSI AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
LIMITATION OF LIABILITY
TSI AND AFFILIATES AND SUPPLIERS OF BESTREZ SYSTEM ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SYSTEM OR YOUR DOWNLOADING OF ANY CONTENT, MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SYSTEM. IN NO EVENT SHALL TSI, AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, DIRECT OR OTHERWISE, INCLUDING ANY CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT OR INCIDENTAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS, REVENUE OR SAVINGS), OR ANY COST OR EXPENSE, WHETHER BASED IN CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (A) ANY USE OF THE BESTREZ SYSTEM OR INFORMATION, CONTENT OR DATA DISPLAYED IN THE SYSTEM, (B) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SYSTEM) OR (C) THE PERFORMANCE OR NON PERFORMANCE OF ANY AND ALL SERVICES PROVIDED ON THIS SYSTEM BY ANY SYSTEM PARTICIPANT, EVEN IF THE SYSTEM PARTICIPANT HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IF FOR ANY REASON THE FOREGOING LIMITATION DOES NOT APPLY, THE LIABILITY OF ANY AND ALL SYSTEM PARTICIPANTS SHALL NOT EXCEED, IN THE AGGREGATE, THE GREATER OF $100 USD. SOME JURISIDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY, THUS THE FOREGOING LIMITATION(S) MAY NOT APPLY TO YOU. ANY OTHER LIABILITY OWED TO YOU BY TSI, AFFILIATE OR SUPPLIER SHALL NOT ARISE EXCEPT AS MAY BE EXPRESSLY AGREED IN WRITING BETWEEN YOU AND THAT PARTY.
You agree to defend and indemnify TSI, its Affiliates and Suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by
(i) you or on your behalf in excess of the liability described above; or
(ii) by third parties as a result of
- your breach of these Web Site Terms, Conditions and Notices or the documents referenced herein;
- your violation of any law or the rights of a third party; or
- your use of this Web site.
NO UNLAWFUL OR PROHIBITED USE
NOT AN ENDORSEMENT
As a condition of your use of this Web site, you warrant that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
LINKS TO THIRD-PARTY SITES
This Web site may contain hyperlinks to Web sites operated by parties other than TSI . Such hyperlinks are provided for your reference only. TSI does not control such Web sites and is not responsible for their contents or your use of them. TSI’s inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators. And TSI cannot be held responsible, legally or otherwise, for the content contained on these sites.
The inclusion or offering for sale of any products or services or lodging on BestRez System does not constitute any endorsement or recommendation of such products or services or lodging by TSI or Affiliates or Suppliers.
MODIFICATION OF THESE TERMS AND CONDITIONS
TSI reserves the right to change the terms, conditions, and notices under which this BestRez System is offered and you agree to accept and be bound by those terms, conditions, and notices that are in effect at the time of your use of BestRez System and/or facilities.
This agreement is governed by the laws of the State of California , USA . You hereby consent to the exclusive jurisdiction and venue of courts in San Bernardino County , California , USA , in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and TSI as a result of this agreement or use of this Web site.
TSI’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of TSI’s right to comply with law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by TSI with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between the customer and TSI with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and TSI with respect to this Web site and BestRez System. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.