TERMS AND CONDITIONS
Effective August 02, 2007
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING VICTORYHOTELSINTERNATIONAL.COM OR THE WEB SITE FOR ONE OF OUR A-VICTORY PROPERTIES THAT CAN BE ACCESSED FROM VICTORYHOTELSINTERNATIONAL.COM ("A-VICTORY SITES"). The A-Victory Sites are made available by A Victory Hotels International, LLC ("A-Victory Hotels") and may be used only under the following terms and conditions. A Victory Hotels International, LLC is affiliated with several properties (i.e., hotels, motels, and inns) that are authorized to use one of the "A Victory" marks identified below (collectively, "A-Victory Properties"). "We," "us", or "our" refers to A-Victory Hotels and the owners and managers of A-Victory Properties.
BY ACCESSING AND USING ONE OF THE A-VICTORY SITES, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN (the "Agreement").
1. USE OF THE A-VICTORY SITES
Nothing herein shall be construed to confer any license or right, by implication, estoppel, or otherwise, under copyright, trademark, or other intellectual property rights.
1.1 Copyrighted Content. You acknowledge that the A-Victory Sites contain Content, such as text, graphics, logos, button icons, images, etc., that is/are or may be protected by copyrights and that these rights are valid and protected in all forms, media, and technologies now existing or developed in the future. Modification or use of the Content except as expressly provided for in these Terms and Conditions may violate A-Victory Hotels’ or another party’s intellectual property rights.
1.2 Trademarks. A Victory Hotels International, A Victory Inn, A Victory Inn & Suites, A Victory Hotel, A Victory Motel, A Victory Resorts, A Victory Suites, Victory Inn, Victory Inn & Suites and any logo or design incorporating these marks ("A-Victory Marks") are owned exclusively by A-Victory Hotels. Other trademarks, trade names service marks and logos used and displayed on the A-Victory Sites may be owned by Third Parties (i.e., a party not using a trademark owned by A-Victory Hotels). We are not associated with, endorsed by or sponsored by these Third Parties nor do we endorse or sponsor these Third Parties. The written consent of A-Victory Hotels is required for any use of an A-Victory Mark. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of A-Victory Hotels and may not be used without prior written permission of A-Victory Hotels. You may not use any metatags or any other hidden text utilizing any of the A-Victory Marks without the express written consent of A-Victory Hotels.
1.3 Grant of License and Site Access. Permission is granted to access, search, retrieve, print and/or save, display limited portions of the Content of the A-Victory Sites solely for your own personal noncommercial use. You must retain all trademarks, trade names, copyright notices, or any other proprietary notices or legends contained in the Content. You may not otherwise copy, modify, remove, delete, add to, publish, transmit, distribute, republish, upload, sell, or create derivative works from, or in any way exploit any of the Content, in whole or in part, without the prior written consent of A-Victory Hotels.
1.4 Termination of License. A-Victory Hotels reserves the right to cancel your license and/or deny you access to the A-Victory Sites if you materially violate these Terms and Conditions. A-Victory Hotels reserves the right to investigate suspected violations of these Terms and Conditions.
2. LAWFUL USE AND LIMITATIONS ON USE
You may use the A-Victory Sites only for purposes expressly permitted by A-Victory Hotels. You may not use an A-Victory Site for any other purpose, including any commercial purpose, without A-Victory Hotels' express prior written consent. By way of example and not limitation, you agree not to publish, upload, submit or distribute any messages, data, information, text, graphics, links, or other materials ("User Materials") which are unlawful or abusive in any way, including but not limited to User Materials which in the sole judgment of A-Victory Hotels (i) are in violation of any local, state, federal or non-United States law or regulation; (ii) are libelous, defamatory, pornographic, obscene, threatening, hateful, invasive of privacy or publicity rights, or would violate the rights of any person or business; (iii) encourage illegal activity; (iv) constitute any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” pyramid schemes,” or any other form of solicitation; or (v) contains software viruses, Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You shall be responsible for determining what laws or regulations are applicable. You agree that you will not use any robot, spider, or any other automatic device, or manual process, to screen scrape, monitor, mine or copy any web pages from any A-Victory Site or the content contained therein without A-Victory Hotels’ prior written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of any A-Victory Site. You agree that you will not frame or co-brand any A-Victory Site. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. You are prohibited from tampering with the security or system resources of any A-Victory Site. If you become involved in any violation of system security, A-Victory Hotels reserves the right to release your details to system administrators at other web sites in order to assist them in resolving security incidents. If you are unsure of whether any contemplated activity is permissible under these Terms and Conditions, please contact us at firstname.lastname@example.org.
3. VISITORS UNDER THE AGE OF 18.
Our services are marketed for use by adults. If you are under the age of 18, you may not use any A-Victory Site.
4. LINKING AND INFORMATION ABOUT SERVICE PROVIDERS
An A-Victory Site may contain links to sites operated by entities other than A-Victory Hotels. Links to such Linked Sites are provided as a service to you. These Linked Sites are not sponsored by or affiliated with us. We have not reviewed such Linked Sites, and are not responsible in any way for the content of such Linked Sites. We do not make any representations or warranties about any information, goods, and/or services appearing and/or offered on any Linked Site. Links are to be accessed at your own risk. Further, the inclusion of any link to a Linked Site does not imply endorsement by us. If you decide to visit any Linked Site and/or transact any business on a Linked Site, you do so at your own risk. Please contact the operator of a Linked Site concerning any information, goods or services appearing thereon. We reserve the right to remove the Linked Site at any time without prior notice.
5. DISCLAIMER OF WARRANTIES
YOUR USE OF THE A-VICTORY SITES IS AT YOUR OWN RISK. THE A-VICTORY SITES, INCLUDING ALL SOFTWARE, FUNCTIONS, MATERIALS, SERVICES AND INFORMATION, IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE A-VICTORY SITES OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE A-VICTORY SITES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE A-VICTORY SITES IS AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS, DELAYS, QUIET ENJOYMENT, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE A-VICTORY SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE A-VICTORY SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES, TROJAN HORSES OR OTHER HARMFUL CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT OF THE A-VICTORY SITES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES, TYPOGRAPHICAL OR OTHER ERRORS OR BUGS, AND WE MAY, BUT ARE NOT OBLIGATED TO, MAKE CHANGES OR IMPROVEMENTS AT ANY TIME TO THE A-VICTORY SITES.
WE DISCLAIM ALL RESPONSIBLITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THIRD PARTY WEB SITES AND CONTENT OR SERVICES THEREIN THROUGH LINKS ON AN A-VICTORY SITE.
6. LIMITATIONS ON LIABILITY
A VICTORY HOTELS INTERNATIONAL, LLC, AND ITS RELATED PARTIES, WHICH ARE ITS SUBSIDIARIES, AFFILIATES, LICENSORS, LICENSEES, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF A VICTORY HOTELS INTERNATIONAL OR A RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF A VICTORY HOTELS INTERNATIONAL, LLC, AND ITS RELATED PARTIES TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $10.00. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM AN A-VICTORY SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. A VICTORY HOTELS INTERNATIONAL, LLC AND ITS RELATED PARTIES SHALL HAVE NO LIABILITY WHATSOEVER TO USER FOR ANY CLAIM RELATING IN ANY WAY TO ANY THIRD PARTY CONTENT OR FEATURE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
7. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
In accordance with the Digital Millennium Copyright Act, we have adopted the following policy toward copyright infringements: we will block access to and/or remove any material from the A-Victory Sites that A-Victory Hotels believes in good faith to be copyrighted material that has been illegally copies and submitted to an A-Victory Site. To report alleged copyright infringements, please submit a formal “Notice of copyright Infringement” to:
Jamal S. Garmo, Member
A Victory Hotels International, LLC
Southfield, Michigan 48034
8. APPLICABLE LAW, DISPUTES, AND GENERAL PROVISIONS
8.1 Governing Law. This Site was created by and is controlled by A Victory Hotels International, LLC in the State of Michigan. Thus, these Terms and Conditions and any dispute of any sort that might arise between you and A-Victory Hotels relating to these Terms and Conditions, your use of an A-Victory Site or the services offered by an A-Victory Site will be governed by and interpreted pursuant to the laws of the State of Michigan and of the United States of America, without reference to its conflicts of laws provisions.
8.2 Jurisdiction. You agree that the state and federal courts sitting in Michigan will have exclusive jurisdiction over any claim arising out of this Agreement or your use of the A-Victory Sites. You consent to the exclusive jurisdiction of a State of Michigan court located in Oakland County, Michigan or a federal court located in Detroit, Michigan. To the fullest extent permitted by applicable law, any such dispute or claim shall be brought on an individual basis and shall not be consolidated with any dispute or claim of any other party.
8.3 Statute of Limitations. Any dispute or cause of action relating to your use of an A-Victory Site or these Terms and Conditions must be brought within one year of the events giving rise to the cause of action.
9. RULE AND REGULATIONS FOR USE OF AN A-VICTORY PROPERTY
Each A-Victory Property has rules and regulations governing the use of the facilities and services provided at the A-Victory Property. Such rules and regulations will be posted at or given to you at the A-Victory Property. Please read them when you check into an A-Victory Property.