1. ACCEPTANCE OF TERMS
Thank you for using AllStays. AllStays provides its service
to you, subject to the following Terms of Service ("TOS"),
which may be updated by us on occasion without notice to you.
You can review the most current version of AllStays' TOS at any
time, right here.. In addition, when using parts of AllStays
services, both you and AllStays shall be subject to any posted
guidelines or rules applicable to such services which may be
posted on occasion. All such guidelines or rules are hereby
incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
AllStays currently provides visitors and users with access to
a vast directory of information relating to various types of
stays. Vacation and business. Hotels to campgrounds. We also
offer, through Amazon.com's Associate Program, a vast array of
books for sale. Although the basic listing is public
information, the personalized content and branded design (the "Service") is property of AllStays. Unless explicitly
stated otherwise, any additional new features that enhance the
current Service, shall be subject to this TOS. You understand
and agree that the Service is provided "AS-IS" and
that AllStays assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any information.
In order to use this Service, you must access the World Wide
Web, either directly or through devices that access web-based
content, and pay any service fees associated with such access.
In addition, you must provide all equipment necessary to make
such connection to the World Wide Web, including a computer and
modem or other access device.
3. ALLSTAYS PRIVACY POLICY
Address data and certain other information about you is
subject to our Privacy Policy. For more information, please see
our complete privacy policy at http://www.allstays.com/services/privacypolicy.htm.
4. USER CONDUCT
You understand that all information, data, text, sound,
photographs, graphics, images, 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
AllStays, are entirely responsible for all Content that you
upload, post, email or otherwise transmit via the Service or
regarding a item or client on AllStays. AllStays does not
control any aspect of the establishments listed or advertising
in the directory and, as such, does not guarantee anything
about the service they provide. Under no circumstances
will AllStays 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, emailed or otherwise transmitted
via AllStays, this Service.
You agree to not use the Service to:
| a. |
impersonate any person or entity, including, but not
limited to, a AllStays official, forum leader, guide or
host, or falsely state or otherwise misrepresent your
affiliation with a person or entity; |
| b. |
forge headers or otherwise manipulate identifiers in
order to disguise the origin of any content transmitted
through the Service; |
| c. |
upload, post, email or otherwise transmit any content
that you do not have a right to transmit under any law
or under contractual or fiduciary relationships. |
| d. |
interfere with or disrupt the service or servers or
networks connected to the service, or disobey any
requirements, procedures, policies or regulations of
networks connected to the service; |
| e. |
"stalk" or otherwise harass another; or |
| f. |
collect or store personal data about any other person. |
You acknowledge and agree that AllStays 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 the TOS; (c) respond to claims that any Content violates
the rights of third-parties; or (d) protect the rights,
property, or personal safety of AllStays, its users and the
public.
5. FOR INTERNATIONAL USE
Regarding the global aspect of the Internet, you must agree
to comply with all local rules regarding online conduct and
acceptable content. Specifically, you agree to comply with all
applicable laws regarding the transmission of technical data
exported from the United States or the country in which you
reside.
6. INDEMNITY
You agree to indemnify and hold AllStays, and its
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 or contact that you submit,
post to or transmit through the Service, your use of the
Service, your connection to the Service, your violation of the
TOS, 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. MODIFICATIONS TO SERVICE
AllStays reserves the right at any time and from time to time
to modify or discontinue, temporarily or permanently, the service
(or any aspect) with or without notice. You agree that AllStays
shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
9. TERMINATION
You agree that AllStays, in its sole discretion, may remove
and discard any content within the service, for any reason.
AllStays 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 under any provision of this TOS may be effected
without prior notice, and acknowledge and agree that AllStays
shall not be liable to you or any third-party for any
termination of the service.
10. CONNECTIONS AND DEALINGS WITH ADVERTISERS
Your correspondence and/or business dealings with, or
participation in promotions of, advertisers found on or through
the service, 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 AllStays shall
not be responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or as the result of
the presence of such advertisers on the service.
11. LINKS TO OUTSIDE OF THE SERVICE
The service may provide, or third parties may provide, links
to other World Wide Web sites or resources. Because AllStays has
no control over such sites and resources, you acknowledge and
agree that AllStays is not responsible for the availability of
such external sites or resources, and does not endorse and is
not responsible or liable for any content, advertising,
products, or other materials on or available from such sites or
resources. You further acknowledge and agree that AllStays shall
not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such content, goods or
services available on or through any such site or resource.
12. ALLSTAYS PROPRIETARY RIGHTS
You acknowledge and agree that the service contains
proprietary and confidential information that is protected by
applicable intellectual property and other laws. You further
acknowledge and agree that content contained in sponsor
advertisements or information presented to you through the service
or advertisers is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. Except as
expressly authorized by AllStays or advertisers, you agree not
to modify, rent, lease, loan, sell, distribute or create
derivative works based on the service, in whole or in part.
AllStays does grant you a personal, non-transferable and
non-exclusive right and license to use the object code of its software
on a single computer; provided that you do not (and do not allow
any third party to) copy, modify, create a derivative work of,
reverse engineer, reverse assemble or otherwise attempt to
discover any source code, sell, assign, sublicense, grant a
security interest in or otherwise transfer any right in the
directory. You agree not to modify the directory in any manner
or form, or to use modified versions of the directory, including
(without limitation) for the purpose of obtaining unauthorized
access to the service. You agree not to access the service by
any means other than through the interface that is provided by
AllStays for use in accessing the Service.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
| a. |
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE
SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. ALLSTAYS 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. |
| b. |
ALLSTAYS 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. |
| c. |
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF ALLSTAYS 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. |
| d. |
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM ALLSTAYS OR THROUGH OR FROM THE
SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE TOS. |
14. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALLSTAYS 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, 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.
15. 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 17 AND 18 MAY NOT APPLY TO YOU.
16. TRADEMARKS
AllStays, AllStays on the web, AllStays.com, and All Stays
trademarks and service marks, and other AllStays logos and
product and service names are trademarks of AllStays.
Without AllStays prior permission, you agree not to display or
use in any manner, the AllStays marks.
17. GENERAL INFORMATION
The TOS constitute the entire agreement between you and
AllStays and govern your use of the Service, superceding any
prior agreements between you and AllStays. You also may be
subject to additional terms and conditions that may apply when
you use affiliate services, third-party content or third-party
software. The TOS and the relationship between you and AllStays
shall be governed by the laws of the State of Florida without
regard to its conflict of law provisions. You and AllStays agree
to submit to the personal and exclusive jurisdiction of the
courts located within the county of Mohave, Arizona. The
failure of AllStays to exercise or enforce any right or
provision of the TOS shall not constitute a waiver of such right
or provision. If any provision of the TOS is found by a court of
competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other
provisions of the TOS remain in full force and effect. You agree
that regardless of any statute or law to the contrary, any claim
or cause of action arising out of or related to use of the
Service or the TOS must be filed within one (1) year after such
claim or cause of action arose or be forever barred. |
