AGREEMENT
BETWEEN CUSTOMER AND SANTAFEINFORMATION.COM.
This Web site is offered to you, the customer, conditioned
on your acceptance without modification of the terms, conditions,
and notices contained herein. Your use of this Web site
constitutes your agreement to all such terms, conditions,
and notices.
PERSONAL AND NONCOMMERCIAL USE LIMITATION
This Web site is for your personal and noncommercial use.
The content and information on this Web site (including,
without limitation, price and availability of travel services),
as well as the infrastructure used to provide such content
and information, is proprietary to SantaFeInformation.com.
or its suppliers and providers. Accordingly, as a condition
of using this Web site, you agree not to use this Web site
or its contents or information for any commercial or non-personal
purpose (direct or indirect). While you may make limited
copies of your travel itinerary (and related documents)
for travel or services purchased through this Web site,
you agree not to modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative
works from, transfer, or sell or re-sell any information,
software, products, or services obtained from this Web site.
In addition, whether or not you have a commercial purpose,
you agree not to:
(i) access, monitor or copy any content or information of
this Web site using any robot, spider, scraper or other
automated means or any manual process for any purpose without
express written permission of SantaFeInformation.com;
(ii) violate the restrictions in any robot exclusion headers
on this Web site or bypass or circumvent other measures
employed to prevent or limit access to this Web site;
(iii) take any action that imposes, or may impose, in the
discretion of SantaFeInformation.com, an unreasonable or
disproportionately large load on the SantaFeInformation.com infrastructure; or
(iv) deep-link to any portion of this Web site (including,
without limitation, the purchase path for any travel services)
for any purpose without express written permission of SantaFeInformation.com.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Web site are: ©2004 SantaFeInformation.com, 320 Artist Road, Santa Fe, New Mexico, 87501, USA.
All rights reserved. SantaFeHotels.com, santafecentralreservations.com,
Everything you want when coming to Santa Fe, and all included
typefaces or logos are either registered trademarks or trademarks
of SantaFeInformation.com. Other product and company names
mentioned herein may be the trademarks of their respective
owners.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED
ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. IN PARTICULAR, SANTAFEINFORMATION.COM AND ITS AFFILIATES
DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY
FOR INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION
OF THE HOTEL, AIR, CRUISE, CAR AND OTHER TRAVEL PRODUCTS
DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION,
PHOTOGRAPHS, LIST OF HOTEL AMENITIES, GENERAL PRODUCT DESCRIPTIONS,
ETC.), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE
SUPPLIERS. HOTEL RATINGS DISPLAYED ON THIS WEBSITE ARE INTENDED
AS ONLY GENERAL GUIDELINES, AND SANTAFEINFORMATION.COM AND
ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF THE RATINGS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
SANTAFEINFORMATION.COM, ITS AFFILIATES, AND/OR THEIR RESPECTIVE
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEB
SITE AT ANY TIME.
SANTAFEINFORMATION.COM, ITS AFFILIATES, AND/OR THEIR RESPECTIVE
SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY
OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED
ON THIS WEB SITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING
FOR SALE OF ANY PRODUCTS OR SERVICES ON THIS WEB SITE DOES
NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH
PRODUCTS OR SERVICES BY SANTAFEINFORMATION.COM OR ITS AFFILIATES..
ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SANTAFEINFORMATION.COM, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING
ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
THE CARRIERS, HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL
OR OTHER SERVICES FOR SANTAFEINFORMATION.COM ARE INDEPENDENT
CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF SANTAFEINFORMATION.COM OR ITS AFFILIATES. SANTAFEINFORMATION.COM AND ITS AFFILIATES
ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS,
WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS
OR FOR ANY PERSONAL INJURIEIS, DEATH, PROPERTY DAMAGE, OR
OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. SANTAFEINFORMATION.COM AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO
REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING,
STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT
CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL
EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT
OR AUTHORITY.
IN NO EVENT SHALL SANTAFEINFORMATION.COM, ITS AFFILIATES,
AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE
USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE
THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON
CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF
SANTAFEINFORMATION.COM, ITS AFFILIATES, AND/OR THEIR RESPECTIVE
SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to defend and indemnify SantaFeInformation.com,
its affiliates, and/or their respective suppliers and any
of their officers, directors, employees and agents from
and against any claims, causes of action, demands, recoveries,
losses, damages, fines, penalties or other costs or expenses
of any kind or nature including but not limited to reasonable
legal and accounting fees, brought by
(i) you or on your behalf in excess of the liability described
above; or
(ii) by third parties as a result of
(a)
your breach of these Web Site Terms, Conditions and Notices
or the documents referenced herein;
(b) your violation of any law or the rights of a third
party; or
(c) your use of this Web site.
NO
UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Web site, you warrant
that you will not use this Web site for any purpose that
is unlawful or prohibited by these terms, conditions, and
notices.
LINKS TO THIRD-PARTY SITES
This Web site may contain hyperlinks to Web sites operated
by parties other than SantaFeInformation.com. Such hyperlinks
are provided for your reference only. SantaFeInformation.com does not control such Web sites and is not responsible
for their contents or your use of them. SantaFeInformation.com's inclusion of hyperlinks to such Web sites does not
imply any endorsement of the material on such Web sites
or any association with their operators.
SOFTWARE AVAILABLE ON THIS WEB SITE
Any software that is made available to download from this
Web site ("Software") is the copyrighted work of SantaFeInformation.com., its affiliates, and/or their suppliers. Your use of
the Software is governed by the terms of the end user license
agreement, if any, which accompanies, or is included with,
the Software ("License Agreement"). You may not install
or use any Software that is accompanied by or includes a
License Agreement unless you first agree to the License
Agreement terms.
For any Software not accompanied by a License Agreement,
SantaFeInformation.com hereby grants to you, the user, a
personal, nontransferable license to use the Software for
viewing and otherwise using this Web site in accordance
with these terms and conditions and for no other purpose.
Please note that all Software, including, without limitation,
all HTML code and Active X controls contained on this Web
site, is owned by SantaFeInformation.com, its affiliates,
and/or their suppliers, and is protected by copyright laws
and international treaty provisions. Any reproduction or
redistribution of the Software is expressly prohibited by
law, and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION
OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
THE SOFTWARE IS WARRANTEED, IF AT ALL, ONLY ACCORDING TO
THE TERMS OF THE LICENSE AGREEMENT.
You acknowledge that the Software and any accompanying documentation
and/or technical information are subject to applicable export
control laws and regulations of the USA. You agree not to
export or reexport the Software, directly or indirectly,
to any countries that are subject to USA export restrictions.
TERMS, CONDITIONS AND WARRANTIES
Tax Recovery Charge
The tax charge on SantaFeInformation.com hotel transactions
is a recovery of all applicable transaction taxes (e.g.
sales and use, occupancy, room tax, excise tax, value added
tax, etc) that SantaFeInformation.com pays to the vendors
(e.g. hotels, etc.) in connection with your travel arrangements.
SantaFeInformation.com is not the vendor collecting and
remitting said tax to the applicable tax authorities. The
vendors bill all applicable taxes to SantaFeInformation.com and SantaFeInformation.com remits such tax directly
to the vendor. SantaFeInformation.com is not a co-vendor
associated with the vendor with whom we book or reserve
our customer's travel arrangements.
Taxability and the appropriate tax rate vary greatly by
location. SantaFeInformation.com actual tax cost paid to
the vendor may vary from the tax recovery charge, depending
upon the rates, taxability, etc. in effect at the time of
the actual use of the hotel, automobile, etc. by our customer.
SantaFeInformation.com does not incur the cost of sales
tax from vendors located in Alaska, Delaware, Montana, New
Hampshire and Oregon as these states do not impose a sales
tax. Also, certain jurisdictions impose a hotel occupancy
tax or other type of transaction tax upon the renting of
a hotel room, an automobile, etc. The type of tax charged
by the vendor will vary by service and location.
Service Fee
These fees cover the costs incurred by SantaFeInformation.com in servicing your travel reservation.
Travel Destinations
Although most travel, including travel to international
destinations, is completed without incident, travel to certain
destinations may involve greater risk than others. SantaFeInformation.com urges passengers to review travel prohibitions, warnings,
announcements and advisories issued by the United States
Government prior to booking travel to international destinations.
Information on conditions in various countries and the level
of risk associated with travel to particular international
destinations can be found at http://www.state.gov/, http://www.tsa.gov/, http://www.dot.gov/, http://www.faa.gov/, http://www.cdc.gov/, www.treas.gov/ofac and http://www.customs.gov/.
BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL
DESTINATIONS, SANTAFEINFORMATION.COM DOES NOT REPRESENT
OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT
RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT
FROM TRAVEL TO SUCH DESTINATIONS.
MODIFICATION OF THESE TERMS AND CONDITIONS
SantaFeInformation.com reserves the right to change the
terms, conditions, and notices under which this Web site
is offered and you agree to accept and be bound by those
terms, conditions, and notices that are in effect at the
time of your use of SantaFeInformation.com's Website and
facilities.
GENERAL
This agreement is governed by the laws of the State of New
Mexico, USA. You hereby consent to the exclusive jurisdiction
and venue of courts in Santa Fe County, New Mexico, USA,
in all disputes arising out of or relating to the use of
this Web site. Use of this Web site is unauthorized in any
jurisdiction that does not give effect to all provisions
of these terms and conditions, including, without limitation,
this paragraph.
You agree that no joint venture, partnership, employment,
or agency relationship exists between you and SantaFeInformation.com as a result of this agreement or use of this Web site.
SantaFeInformation.com's performance of this agreement is
subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of SantaFeInformation.com's right to comply with law enforcement requests or requirements
relating to your use of this Web site or information provided
to or gathered by SantaFeInformation.com with respect to
such use.
If any part of this agreement is determined to be invalid
or unenforceable pursuant to applicable law including, but
not limited to, the warranty disclaimers and liability limitations
set forth above, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision
and agreement shall continue in effect.
This agreement (and any other terms and conditions referenced
herein) constitutes the entire agreement between the customer
and SantaFeInformation.com with respect to this Web site
and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral, or written, between
the customer and SantaFeInformation.com, Inc. with respect
to this Web site. A printed version of this agreement and
of any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon or
relating to this agreement to the same extent and subject
to the same conditions as other business documents and records
originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters,
and/or data mentioned herein are not intended to represent
any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
©2006 SantaFeInformation.com All rights reserved.
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