Travelogistics®, Inc. doing business as Motel.com, as well as other trade names, owned and/or leased and used by Travelogistics®, Inc. ("Travelogistics") is hereinafter referred to as "Provider."
This User Agreement ("Agreement") governs the use of this web site ("Web Site"). Please read this Agreement carefully. Your use of this Web site will constitute your agreement to comply with these rules. If you do not agree with the rules contained in this Agreement, please do not use this Web Site.
Provider maintains this Web Site to give resources and information to the user. Information on this Web Site may contain technical inaccuracies and typographical errors. Information may be changed or updated without notice. Provider may also make improvements and/or changes in the products and/or the programs described in this Web Site at any time without notice.
2. Member Conditions.
Age Limitation. Web Site is intended solely for access and use by individuals 18 years of age and older. By accessing and using this Web Site, you are certifying that you are at least 18 years of age.
Communications. From time to time, we will send you communications, in keeping with our Privacy Statement and as otherwise permitted in these Terms and Conditions. Please note that any number of issues may interfere with your receipt of such communications, including, without limit, some types of e-mail systems that may use filtering or blocking techniques that are intended to block e-mail. Provider is not responsible for the actual delivery or your actual receipt of these communications.
Site Postings. If you are provided the opportunity to register as a member on this Web Site, you have the right to upload road-trip pictures of interest to you that you wish to share with your friends or the community at large. You also have the right to describe the picture, as well as your experience, on your road-trip. This submission by you is subject to censorship by Provider to make certain that the picture and content is appropriate for dissemination on the Web Site.
Furthermore, when you submit a picture to our Web Site, you are warranting that the picture is your original and is not copyrighted. If it is not your original picture, please do not post it on this site. Any picture you post on this site, Provider shall have the right to utilize the picture on its Site and on any other media that it elects to do so for promotion of the Web Site.
Provider has the right to censor members submissions before or after posting and may elect not to post, or remove after posting, in its sole discretion.
3. Third Parties.
Third-Party Offers. We may allow other companies to offer you products and services, including offers through our Web Site or via e-mail. Whether or not you decide to participate in such an offer is up to you. Your participation in any of these offers, including payment and delivery of related goods or services and the terms, conditions, warranties or representations associated with such offers, is solely between you and the third-party company. You agree that Provider shall not be liable for any costs or damages you may incur resulting from your decision to enter such transactions.
Linking to or from Our Web Site. You cannot link to our Web Site without our prior written consent. While our Web Site may have links to the web sites of other companies and parties, Provider has no control over those web sites. Provider is not responsible or liable for any content, advertising, products, services or other materials on or available from those web sites. Provider is not 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 content, advertising, products, services or other materials on those web sites.
4. Copyrights and Trademarks.
Copyrights. All content included in this Web Site, such as the text, graphics, logos, icons, images, and software, is the property of Provider or its content suppliers of web site developers and protected by United States and international copyright laws. Any use, including reproduction, modification, distribution, transmission, republication, display, or performance of the content of this Web Site without prior written consent of Provider, its content suppliers or developers is strictly prohibited.
Trademarks. Any trademarks used on this Web Site are registered trademarks of Provider in the United States or used with permission of the Affiliate or registered owner of the trademark. Any other marks, graphics, logos and service names used herein are trademarks of Provider and protected by applicable state and federal law. Providers trademarks may not be used in connection with any other product or service in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Provider in violation of the Lanham Act or any states trademark and/or unfair trade practices law.
Infringement Policy. In compliance with the Digital Millennium Copyright Act ("DMCA"), Provider has established the procedure outlined below to address alleged copyright infringement on the Web Site. If you believe that your work has been copied and has been posted to this Web Site in a way that constitutes copyright infringement, you may provide Provider with notice of your complaint by providing Providers Designated Copyright Agent with the following information in writing:
(1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owners behalf;
(2) identification of the copyrighted work that you claim has been infringed;
(3) identification of the material that is claimed to be infringing, with information about its location reasonably specific to permit Provider to locate the material;
(4) your name, address, telephone number, and e-mail address;
(5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(6) a statement, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owners behalf.
To be effective, your notification must be in writing and include the above information. Providers designated Copyrighted Agent to receive your notification is:
Intellectual Property Manager
80 Peachtree Park Drive
Atlanta, Georgia 30309
Provider, in its sole discretion, reserves the right to refuse additional content from users who have posted allegedly infringing material, and/or delete the material.
After receiving a notification, Provider will process and investigate the notification and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of a notification that complies or substantially complies with the DMCA (as set forth above), Provider will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Provider will promptly take reasonable steps to notify the member that is the subject of the notification that it has removed or disabled access to such material.
5. Legal Issues.
Disclaimer of Warranties. Provider provides the information on this Web Site "as is" and on an "as available" basis, and the Provider and its heirs, successors, assigns and affiliates hereby expressly disclaim any and all warranties, express or implied, including, but not limited to, any warranties of accuracy, reliability, title, merchantability, fitness for a particular purpose, non-infringement, or any other guarantee or representation, whether oral, written, or in electronic form, including, but not limited to, the accuracy or completeness of any information contained therein or provided by Provider.
Limitation of Liability. Provider shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses allegedly resulting from the use or the inability to use the Web Site, 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 Web Site, unauthorized access to or alteration of your transmissions or data, defamatory, offensive or illegal conduct of third parties, or any other cause of action relating to the use of the Web Site. 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 may not apply.
Indemnification. You shall indemnify and hold harmless, and at Providers request defend, Provider, its parents, subsidiaries, and affiliates, as well as their respective directors, officers, shareholders, employees, agents and owners (each, an "Indemnified Party") from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees, an allocation for in-house counsel, and other legal costs) arising out of your acts or omissions, including claims resulting from your use of the Web Site, your submission, posting or transmission of information or content, or any breach of your obligations set forth in this agreement. You shall reimburse each Indemnified Party on demand for any costs, expenses and liabilities incurred by such Indemnified Party to which this indemnity relates.
Arbitration. Any and all disputes, claims and controversies arising from the terms of this Agreement or a breach of this Agreement shall be referred to arbitration in the city of Providers principal place of business under rules of the American Arbitration Association. Arbitration hereunder shall be the parties exclusive remedy. The award, if any, shall be final and enforceable and may be confirmed by the judgment of a court of competent jurisdiction.
Merger Clause. This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, whether written or oral, between the Provider and the user. The Agreement may be modified by Provider at any time. If Provider revises this Agreement, it will provide notice on this page. Continued use of the service after such revisions will constitute acceptance of the revised Agreement by the user.
Severability. If any provision of these Terms are found to be unlawful, void or unenforceable, then that provision shall be severed from the remaining provisions and shall not effect the validity and enforceability of those remaining provisions.