Agreement Between MetroGuide.com and User
Your use of this website and the family of MetroGuide.com websites (the “MetroGuide Websites”) is conditioned on your acceptance without modification of the terms and conditions contained herein. Your access and use of this website shall be deemed to indicate your acceptance of all such terms and conditions.
Proprietary Rights Notices
The contents of the MetroGuide Websites are: Copyright © 1996-2004 MetroGuide.com, Inc. 3990 Sheridan Street, Suite 107, Hollywood, FL 33021, U.S.A. All rights reserved.
Relationship Between MetroGuide and Third Party Travel and Hospitality Providers
MetroGuide is publisher of a network of travel and hospitality guide service sites. Unless expressly provided, the websites comprising the MetroGuide Network, e.g., HotelGuide Network, EventGuide Network, are not owned or operated by the travel or hospitality service provider, such as the hotel or event venue.
You acknowledge that: (i) The MetroGuide Websites contains information, communications, software, photos, video, graphics, music, sounds, and other material and services (collectively “Content”); (ii) Such Content is provided under license by MetroGuide.com (“MetroGuide”) and its partners and affiliates; (iii) MetroGuide owns a copyright in the selection, coordination, arrangement, and enhancement of such Content; (iv) MetroGuide permits access to Content that may be protected by copyrights, trademarks, and other intellectual and proprietary rights (“Rights”); (v) These Rights are valid and protected in all media and technologies existing now or later developed; and (vi) Except as explicitly provided otherwise in this Agreement, the applicable copyright, trademark, and other laws govern your use of the Content. Each user must evaluate, and bear the risk associated with any reliance on the accuracy, completeness or usefulness of any Content. MetroGuide makes every effort to ensure that the Content is accurate and reliable. You acknowledge that neither MetroGuide, or its partners or affiliates, shall assume or have any liability for any action or inaction by MetroGuide, or its partners or affiliates, with respect to Content on, or Content changes within, the MetroGuide Website. You also agree and accept that as new products and services become available on or through the MetroGuide Websites, your use of these products and services is subject to this Agreement.
Use Of Information
Permission to use the Content is granted, provided that: use of the Content is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast media without a written license to do so. Use for any other purpose except for Fair Use as defined in 17 U.S.C. § 107 of the U.S. Copyright Act is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the full extend of the law.
Accordingly, you agree to use the MetroGuide Websites only for lawful purposes. You may not (1) download files that contain software or other material protected by Intellectual Property laws or other applicable laws unless you own or control the rights thereto or have received all necessary consents, (2) violate any applicable local, state, national, international or foreign law, including, but not limited to, any rules or regulations having the force of law; or (3) 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 MetroGuide Website.
It shall be improper and a violation of these Terms and Conditions for any third party to, without written permission and consent from MetroGuide, implement or use an internet based technology that is designed to interact with all or any portions of the MetroGuide Websites, including its source code, such that unconsented to advertising or text or graphical images are made to appear on, atop, or across any internet browser window or frame visiting one or more of the web pages or associated URL’s, comprising the MetroGuide Network. Examples include, but are not limited to keyword parsing browser plugins, banner replacement technology, and browser spawning technologies. Should such use be detected, the responsible party shall be responsible for all damages to accrue to MetroGuide as a result of diminshed traffic, revenue, or other losses occassioned by the unconsented to action. Each such use shall, at a minimum be assessed a $3.00 fee. Additionally, all profits realized by the use of such technology shall be regarded as liquidated damages owing to MetroGuide. Request permission to implement such technology by clicking here.
Liability for Travel Purchases
You understand that MetroGuide partners and associates with multiple third party suppliers of travel. When you book travel through one of the MetroGuide Websites, you are contracting with one of these third party travel providers. In most cases, you will receive e-mail or other communications from these third parties evidencing your agreement and the terms and conditions associated with your rights and responsibilities. YOU UNDERSTAND THAT METROGUIDE DOES NOT CONTROL THESE COMMUNICATIONS OR THE THIRD PARTIES AND IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTIAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR TRAVEL OR OTHER COMMERCE-RELATED SERVICES PROVIDED, DIRECTLY OR INDIRECTLY, BY THESE THIRD PARTIES. If you are uncertain as to what third parties may be involved in any transactions that involve any of the MetroGuide Websites, please feel free to contact us by clicking here. We will be happy to provide further elaboration and to answer any questions you may have.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE METROGUIDE WEBSITES IS AT YOUR SOLE RISK. THE METROGUIDE WEBSITES AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR PERSONAL USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ACCURACY, COMPLETENESS, AND ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUPOSE, TITLE AND NON-INFRINGEMENT, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. IN NO EVENT SHALL METROGUIDE, ITS PARTNERS OR AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTIAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE METROGUIDE WEBSITES OR WITH THE DELAY OR INABILITY TO USE THE METROGUIDE WEBSITES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, METROGUIDE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. METROGUIDE DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH ITS WEBSITES, EXCEPT AS EXPRESSLY PROVIDED, AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
MetroGuide operates and controls its websites from its offices in Florida, USA. These websites can be accessed from all fifty states and internationally. As the laws of Florida may differ from those of the many jurisdictions from which you may be accessing the Content, by accessing the MetroGuide Websites both you and MetroGuide agree that the statutes and laws of the State of Florida, without regard to the conflicts of laws principles thereof, will apply to all matters relating to use of the MetroGuide Websites.
User agrees to defend, indemnify and hold harmless MetroGuide, its partners, affiliated companies, its employees, contractors, officers, and directors from all liabilities, claims and expenses, including attorneys’ fees, that arise from your use of the MetroGuide Website. MetroGuide reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. In such event, you shall have no further obligation to provide indemnification for such matter.