TERMS OF USE
Please review the following information before using Entering the Site and/or Making a Reservation
Last Revised: April 1, 2009
CHM Associates, a California Corporation doing business as Convention Housing Management ("CHM") provides and maintains an Internet Web site (the "Site") with related tools and processes to allow a user ("User" or "you") to make a reservation and receive associated services from CHM (the "Services"). The Services and use of the Site are provided under the terms and conditions set forth below and any rules or policies otherwise set forth on this Site (the "Agreement") and all applicable laws and regulations, including laws and regulations governing copyright, patent, trade secrets and trademark.
1. Acknowledgment and Acceptance
PLEASE READ THE FOLLOWING TERMS OF AGREEMENT CAREFULLY. BY ENTERING THE SITE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. CHM reserves the right to modify these terms and conditions at any time in its sole discretion; we will alert you to any changes by indicating on these terms and conditions the date they were last updated. Your continued use of this Site following posting of changes or modifications constitutes acceptance of such changes or modifications.
2. CHM Housing Software
The Services are provided using CHM's Housing Software (the "Software"), which is proprietary to CHM. The Software consists of a browser interface, data processing applications, data transmission, and data storage. You are responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Software. CHM makes no guarantee as to the continuous availability of the Software or of any specific feature(s) of the Software. CHM may make changes to this Site or to the Software at any time and without notice. Any new feature that augments or enhances the current version of the Software will be subject to the terms of this Agreement. No rights of any kind are granted with respect to the Software except as set forth herein.
3. Registration and Account Password
As part of the CHM housing reservation process, users identify a unique login and account password. You are solely responsible for maintaining the security of your CHM login and account password and for all uses of the Software in your name.
4. Use of Proprietary Software
Subject to the terms and conditions of this Agreement, CHM grants you an individual, non-sublicensable, non- exclusive and non-transferable license (the "License") to use the Software, in object code form only, and only in accordance with the applicable end user documentation, if any, and only in conjunction with this Agreement. You will not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of the Software; modify, translate, or create derivative works based on the Software; copy, rent, lease, distribute, assign, or otherwise transfer rights to the Software; or remove any proprietary notices or labels on the Software. You acknowledge that CHM and its licensors retain ownership of all Software, any portions or copies thereof, and all rights therein including this Site and the "CHM" and "Convention Housing Management" logos and trademarks (including, but not limited to, graphics, data, layout, "look and feel", inventions, patents, computer code, methods, and processes). THE SOFTWARE IS PROVIDED "AS IS" AND SUBJECT TO THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY FOUND IN THIS AGREEMENT.
You will use CHM Software only for lawful purposes, in compliance with all applicable national and international laws and regulations including, without limitation, copyright and trademark laws. You agree not to frame or use web framing techniques to enclose any CHM logo, trademark, or other proprietary information (including the images, content, or layout/design of any page) without express written consent from CHM.
5. Privacy Policy
It is CHM?s policy to respect the privacy of its customers. For more information, please see our full privacy policy.
CHM reserves the right to access, use, transmit, copy, cache and disclose any information, data, files and other content that you provide in connection with use of CHM Services or access on this Site ("Content") in order to comply with applicable laws and lawful government requests; to analyze the use and enhance the features of products and services that CHM provides; or to protect CHM or its customers. Such disclosure may include other registration and identification information. CHM reserves the right, in its sole discretion, to remove any Content from its system but will not be obligated to do so.
6. Disclaimer of Warranties
You acknowledge that there can be no guarantee that online communications and transmissions in connection with your use of the Services will be absolutely secure. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND"AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, CHM DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. CHM MAKES NO WARRANTY THAT THE SERVICES WILL MEET THE USER'S REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS FREE, OR ERROR FREE. CHM MAKES NO WARRANTY THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. IT IS SOLELY THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF INFORMATION RECEIVED USING THE SERVICES. CHM DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE RELIABILITY OR ACCURACY OF THE INFORMATION SUPPLIED TO CHM IN CONNECTION WITH A RESERVATION. CHM DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE CONSEQUENCES OF USE OF ANY RESERVATIONS. USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA OTHERWISE OBTAINED THROUGH USE OF THE SERVICES OR THE SITE IS DONE AT USER'S OWN DISCRETION AND RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY A USER FROM THE SERVICE OR THE SITE OR FROM CHM WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
8. Limitation of Liability
CHM IS NOT RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUE, BUSINESS INTERRUPTION OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THE COST OF ANY SUBSTITUTE PROCUREMENT) RESULTING FROM USE OF OR RELIANCE IN ANY WAY ON OR THROUGH THE SERVICES OR THE SITE, WHETHER OR NOT FORESEEABLE AND EVEN IF CHM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF A USER IS DISSATISFIED WITH THE SERVICES OR THE SITE, OR WITH ANY TERM OF THE AGREEMENT, THE USER'S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES AND LEAVE THE SITE IMMEDIATELY.
9. Indemnification
You agree to indemnify and hold harmless CHM, its subsidiaries, affiliates, officers and employees, and users, against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action by any third party due to or arising out of your violation of this Agreement, your infringement of any intellectual property or other right of any person or entity through your use of the Services, or otherwise arising from or relating to your use of the Services.
10. Copyrights, Trademarks
All text, graphics, information and materials, as well as the selection and arrangement thereof, on this Site are protected under copyright. You may view, copy or print pages from this Site solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from this Site without the express written permission of CHM. "CHM" and all page headers, custom graphics and button icons on this Site are trademarks and/or trade dress of CHM. All other trademarks, product names and company names or logos cited on the Site are the property of their respective owners. ALL RIGHTS ARE RESERVED AND NO TRADEMARK LICENSE IS GRANTED HEREBY.
11. Notices
Notices, if any, will be in writing and will be made either via email, facsimile or conventional to participants at the latest email or street address CHM has on record for the participant. Notices to CHM will be sent to admin@chmrooms.com or CHM, 1700 The Alameda, 2nd Floor, San Jose, CA 95126.
12. Miscellaneous
No agency, partnership, joint venture, or employment is created as a result of this Agreement and the User does not have any authority of any kind to bind CHM in any respect whatsoever. Failure of either party to exercise any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, the provision will be limited or eliminated to the minimum extent necessary so that this Agreement otherwise remains in full force and effect. This Agreement is not assignable, transferable or sublicensable by the User except with prior written consent from CHM. CHM may assign this Agreement to any third party at its sole discretion. This Agreement will be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof. Both parties agree to submit to the exclusive jurisdiction of state and federal courts in Santa Clara County, California. In any action or proceeding to enforce rights under this Agreement, including appeals, the prevailing party will be entitled to recover costs and reasonable attorneys' fees. This Site may have links to other sites on the World Wide Web; such inclusion of links to these sites is not an endorsement of such sites and CHM makes no warranty or representation regarding the content (its accuracy, timeliness or otherwise) or the products and/or services available on such sites. All risk for linking to and interacting with such sites is borne by the User. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement.