You acknowledge and agree that HotelCluster.com reserves the right to change, modify, alter, update or discontinue the terms, conditions and notices under which the Site is offered and the services, features, links, content, information and any other materials offered via the Site at any time and from time to time without notice or further obligation to you. By continuing to access or use the Site after HotelCluster.com makes any such modifications, alterations or updates, you agree to be bound by such modifications, alterations or updates.
Registration and Passwords
If you open an account, register or provide certain information via the Site, you agree to complete the account initiation, registration or other process by providing HotelCluster.com with current, complete and accurate information as requested by any forms. You are responsible for safeguarding any password that you use to access any areas of the Site. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify HotelCluster.com of any unauthorized use of your password.
All trademarks, service marks and trade names that appear on the Site are proprietary to HotelCluster.com, its affiliates or other respective owners. You may not display or reproduce these trademarks, service marks or trade names other than with the prior written consent of HotelCluster.com, and you may not remove or otherwise modify any trademark notices from any content, text, images or other materials received through the Site.
Your Use of the Content
HotelCluster.com authorizes you to view, copy, download and print a single copy of any content available on the Site, provided that:
if you are a potential or actual renter, the content is used solely for personal, non-commercial purposes and, if you are a property owner/manager, the content is used only for the purposes of using the services expressly offered by HotelCluster.com (subject to the restrictions set forth in our Advertising Policy);
the content is not modified or redistributed; and
Except for this permitted use, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from the Site. The content available through the Site is the sole property of HotelCluster.com or its licensors and is protected by patent, copyright, trademark, trade secret and other intellectual property laws.
No Unlawful or Prohibited Use
You agree not to do any of the following while using the Site:
Post, publish or transmit any text, graphics or material that:
is false or misleading;
invades anothers privacy;
is obscene, pornographic or offensive;
promotes bigotry, racism, hatred or harm against any individual or group;
infringes another's rights, including any intellectual property rights; or
violates, or encourages any conduct that would violate, any applicable law or regulation, including Fair Housing laws and regulations, or could give rise to civil or criminal liability;
Access, tamper with or use non-public areas of the Site, HotelCluster.com's computer systems, or the technical delivery systems of HotelCluster.com's providers;
Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
Send unsolicited email, junk mail, spam or chain letters, or promotions or advertisements for products or services;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site; or
Impersonate or misrepresent your affiliation with any person or entity.
The Site may contain links to third-party websites or resources. You acknowledge and agree that HotelCulster.com is not responsible or liable for the availability or accuracy of such websites or resources, or the content, products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by HotelCluster.com thereof or the content, products or services available from such websites or resources. If you decide to access any such third party websites or resources, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies of such websites.
Use of the Site at Your Own Risk
Your access to and use of the Site is at your own risk. HotelCluster.com will have no responsibility for any harm to your computer system, loss of data or other harm that results from your access to or use of the Site.
The Site is Available 'AS-IS'
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER HotelCluster.COM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE WILL BE LIABLE FOR ANY DIRECT, INDIRECT,INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, CONTENT, OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT HotelCluster.COM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT HotelCluster.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, HotelCluster.COM WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES. YOU AGREE THAT THE AGGREGATE LIABILITY OF HotelCluster.COM TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, CONTENT OR SERVICES IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO HotelCluster.COM FOR ACCESS TO AND USE OF THE SITE, CONTENT OR SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HotelCluster.COM AND YOU.
Controlling Law and Jurisdiction
You acknowledge that the software and any accompanying documentation and/or technical information associated with the Site is subject to applicable export control laws and regulations of the U.S.A. You agree not to export or re-export the software, directly or indirectly, to any countries that are subject to U.S. export restrictions.