Terms Of Use
Welcome to the Roadsideamerica.com Hotel & Motel Finder. Our Terms of Use explain what you can expect from us and what we expect from you. By accessing any areas of the Roadsideamerica.com Hotel & Motel Finder, users ("Users") agree to be legally bound and to abide by the terms set forth below. The Roadsideamerica.com Hotel & Motel Finder is owned and operated by This Exit LLC. Any references herein to Roadsideamerica.com Hotel & Motel Finder shall be deemed to refer to Roadsideamerica.com Hotel & Motel Finder and/or This Exit LLC, as applicable under the circumstances.
I. DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of the Roadsideamerica.com Hotel & Motel
Finder is at User's sole risk. Neither the Roadsideamerica.com Hotel & Motel
Finder, nor its affiliates, nor any of their officers, directors, or employees,
agents, third-party content providers, merchants, sponsors, licensors (collectively, "Providers"),
or the like, warrant that the Roadsideamerica.com Hotel & Motel Finder
will be uninterrupted or error-free; nor do they make any warranty as to
the results that may be obtained from the use of the Roadsideamerica.com
Hotel & Motel Finder, or as to the accuracy, reliability, or currency
of any information content, service, or merchandise provided through the
Roadsideamerica.com Hotel & Motel Finder.
THIS SITE IS PROVIDED BY the Roadsideamerica.com Hotel & Motel Finder ON AN "AS IS" AND "AS AVAILABLE" BASIS. The Roadsideamerica.com Hotel & Motel Finder MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, the Roadsideamerica.com Hotel & Motel Finder DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Roadsideamerica.com Hotel & Motel Finder WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY the Roadsideamerica.com Hotel & Motel Finder NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. Under no circumstances shall the Roadsideamerica.com Hotel & Motel Finder or any other party involved in creating, producing, or distributing the Roadsideamerica.com Hotel & Motel Finder be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Roadsideamerica.com Hotel & Motel Finder, including but not limited to reliance by a User on any information obtained from the Roadsideamerica.com Hotel & Motel Finder or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to the Roadsideamerica.com Hotel & Motel Finder's records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through the Roadsideamerica.com Hotel & Motel Finder. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
II. CONTENT
a. PROPRIETARY RIGHTS
User acknowledges that the Roadsideamerica.com Hotel & Motel Finder contains
information, data, software, photographs, graphs, videos, typefaces, graphics,
music, sounds, and other material (collectively "Content") that are protected
by copyrights, trademarks, trade secrets, or other proprietary rights, and
that these rights are valid and protected in all forms, media and technologies
existing now or hereinafter developed. All Content is copyrighted as a collective
work under the U.S. copyright laws, and the Roadsideamerica.com Hotel & Motel
Finder owns a copyright in the selection, coordination, arrangement, and
enhancement of such Content. User may not modify, remove, delete, augment,
add to, publish, transmit, participate in the transfer or sale of, create
derivative works from, or in any way exploit any of the Content, in whole
or in part. If no specific restrictions are displayed, Users may make copies
of select portions of the Content, provided that the copies are made only
for User's personal use and that User maintains any notices contained in
the Content, such as all copyright notices, trademark legends, or other proprietary
rights notices. Except as provided in the preceding sentence or as permitted
by the fair use privilege under the U.S. copyright laws (see,e.g., 17 U.S.C.
Section 107), User may not upload, post, reproduce, or distribute in any
way Content protected by copyright, or other proprietary right, without obtaining
permission of the owner of the copyright or other propriety right. In addition
to the foregoing, use of any software Content shall be governed by the software
license agreement accompanying such software.
b. DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT
Except as set forth in Section III a. above, User may upload to or otherwise
distribute on the Roadsideamerica.com Hotel & Motel Finder only Content
that is not subject to any copyright or other proprietary rights protection
(collectively, "Public Content"), or Content in which the author has given
express authorization for distribution on the World Wide Web. Any copyrighted
or other proprietary Content distributed with the consent of a copyright
owner should contain a phrase such as "Copyright, owned by [name of owner];
used by permission." The unauthorized submission or distribution of copyrighted
or other proprietary Content is illegal and could subject the User to criminal
prosecution as well as personal liability for damages in a civil suit.
User will be liable for any damage resulting from any infringement of copyrights
or proprietary rights, or from any other harm arising from such submission.
Neither the Roadsideamerica.com Hotel & Motel Finder, nor its affiliates,
nor any of their officers, directors, employees, agents, Providers, or
the like, will be liable for any damage resulting from any infringement
of copyrights or proprietary rights, or from any other harm arising from
such User submission. In compliance with the Digital Millennium Copyright
Act, Users and other persons can report an infringement to the Roadsideamerica.com
Hotel & Motel Finder via our Contact Page. By submitting Content to
any User-submit areas, including, without limitation, any User book reviews
or participation in any author chats, User automatically grants, or warrants
that the owner of such Content has expressly granted the Roadsideamerica.com
Hotel & Motel Finder the royalty-free, perpetual, irrevocable, nonexclusive
right and license to use, reproduce, publish, translate, sublicense, copy,
and distribute the Content in whole or in part worldwide and/or to incorporate
it in other works in any form, media, or technology now known or hereafter
developed for the full term of any copyright that may exist in such Content.
User also permits any other User to access, store, or reproduce the Content
for that User's personal use. Subject to this grant, the owner of Content
placed on the Roadsideamerica.com Hotel & Motel Finder retains any
and all rights which may exist in such Content.
c. THIRD-PARTY CONTENT
1) Hotel and Motel Content: The Roadsideamerica.com Hotel & Motel Finder
is a distributor and not a publisher of hotel-related Content supplied by
third parties and Users. Neither the Roadsideamerica.com Hotel & Motel
Finder nor its affiliates, nor any of their officers, directors, employees,
or agents, nor any third party, including any Provider, or any other User
of the Roadsideamerica.com Hotel & Motel Finder, guarantees the accuracy,
completeness, or usefulness of any Content, nor its merchantability or fitness
for any particular purpose. In many instances, the Content available through
the Roadsideamerica.com Hotel & Motel Finder represents the opinions
and judgments of the respective Provider, or User not under contract with
the Roadsideamerica.com Hotel & Motel Finder. The Roadsideamerica.com
Hotel & Motel Finder neither endorses nor is responsible for the accuracy
or reliability of any opinion, advice, or statement made on the Roadsideamerica.com
Hotel & Motel Finder by anyone other than authorized the Roadsideamerica.com
Hotel & Motel Finder employees. Under no circumstances shall the Roadsideamerica.com
Hotel & Motel Finder, or its affiliates, or any of their officers, directors,
employees, or agents be liable for any loss, damage or harm caused by a User's
reliance on information obtained through the Roadsideamerica.com Hotel & Motel
Finder. It is the responsibility of User to evaluate the information, opinion,
advice, or other Content available through the Roadsideamerica.com Hotel & Motel
Finder.
2) Links to Affiliate Site: This Web site contain hyperlinks to an affiliated Web site, IHSAdvantage.com, that works in conjunction with this one to provide different aspects of a single Hotel & Motel Finder Reservation application. By using the affiliate site, you agree to the Terms Of Use for that site as well as this one.
3) Roadside Attraction Content: Content on the Roadsideamerica.com Hotel & Motel Finder relating to "Roadside Attractions" is provided by roadsideamerica.com and is governed by the Terms and Conditions of the main roadsideamerica.com web site.
III. ONLINE CONDUCT
User agrees to use the Roadsideamerica.com Hotel & Motel Finder only
for lawful purposes. User is prohibited from posting on or transmitting through
the Roadsideamerica.com Hotel & Motel Finder any unlawful, harmful, threatening,
abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane,
hateful, racially, ethnically, or otherwise objectionable material of any
kind, including but not limited to any material that encourages conduct that
would constitute a criminal offense, give rise to civil liability, or otherwise
violate any applicable local, state, national, or international law.
If the Roadsideamerica.com Hotel & Motel Finder is notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by User (e.g., through an author chat or online review), the Roadsideamerica.com Hotel & Motel Finder may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Roadsideamerica.com Hotel & Motel Finder. The Roadsideamerica.com Hotel & Motel Finder may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Roadsideamerica.com Hotel & Motel Finder; or (iii) to protect the rights or property of the Roadsideamerica.com Hotel & Motel Finder, its Users or Providers.
The Roadsideamerica.com Hotel & Motel Finder reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, the Roadsideamerica.com Hotel & Motel Finder, the communities that make up the Roadsideamerica.com Hotel & Motel Finder, or any rights of the Roadsideamerica.com Hotel & Motel Finder or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither the Roadsideamerica.com Hotel & Motel Finder nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither the Roadsideamerica.com Hotel & Motel Finder, nor its affiliates, nor any of their officers, directors, employees, or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on the Roadsideamerica.com Hotel & Motel Finder.
IV. PRIVACY POLICY
In accordance with the terms of the Roadsideamerica.com Hotel & Motel
Finder's Privacy Policy, the Roadsideamerica.com
Hotel & Motel Finder respects the privacy of its Users.
V. TERMINATION OF USAGE
The Roadsideamerica.com Hotel & Motel Finder may terminate User's access,
or suspend any User's access to all or part of the Roadsideamerica.com Hotel & Motel
Finder, without notice, for any conduct that the Roadsideamerica.com Hotel & Motel
Finder, in its sole discretion, believes is in violation of any applicable
law or is harmful to the interests of another User, a third-party Provider,
a service provider, or the Roadsideamerica.com Hotel & Motel Finder.
VI. APPLICABLE LAW
This site is created and controlled by the Roadsideamerica.com Hotel & Motel
Finder in the State of New Jersey. As such, the laws of the State of New
Jersey will govern these disclaimers, terms and conditions, without giving
effect to any principles of conflicts of laws. The Roadsideamerica.com Hotel & Motel
Finder reserves the right to make changes to its site and these disclaimers,
terms and conditions at any time. User hereby irrevocably and unconditionally
consents to submit to the exclusive jurisdiction of the courts of the State
of New Jersey and of the United States of America located in the State of
Missouri for any litigation arising out of or relating to use of or purchase
made through the Roadsideamerica.com Hotel & Motel Finder (and agrees
not to commence any litigation relating thereto except in such courts), waives
any objection to the laying of venue of any such litigation in the New Jersey
Courts and agrees not to plead or claim in any New Jersey Court that such
litigation brought therein has been brought in an inconvenient forum.
VII. SEVERABILITY
The provisions of these Terms of Use are intended to be severable. If for
any reason any provision of these Terms of Use shall be held invalid or
unenforceable in whole or in part in any jurisdiction, such provision shall,
as to such jurisdiction, be ineffective to the extent of such invalidity
or unenforceability without in any manner affecting the validity or enforceability
thereof in any other jurisdiction or the remaining provisions hereof in
any jurisdiction. ACKNOWLEDGMENT The Terms of Use, including all documents
referenced herein, represents the entire understanding between you and
the Roadsideamerica.com Hotel & Motel Finder regarding your relationship
with the Roadsideamerica.com Hotel & Motel Finder and supersedes any
prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS
OF USE by using the the Roadsideamerica.com Hotel & Motel Finder web
site.
The aforementioned Terms of Use are subject to change.