TERMS OF USE

Website Terms of Use Agreement

Please carefully read this Website Terms of Use Agreement (this “Agreement”) before using this website. This is a binding legal agreement.

1. TERMS OF USE AND ACCEPTANCE

This Agreement governs your use of this website (this "Site") and is between you, on behalf of yourself and your parent company, affiliate, subsidiary and related companies, and the officers, directors, employees, agents, representatives, personnel, independent contractors, consultants, subcontractors, licensors and other third-party providers of yours and theirs ("you").  and G6 Hospitality LLC (referred to herein as "G6”, “Motel 6”, Studio 6”, “Hotel 6”, “Estudio 6”, "Sixpence Inn", "we", "us", or "our").  

1.     By using this Site, you are acknowledging and agreeing that you have read all the terms and conditions of this Agreement and that you agree to be bound by them, just as if you had signed this Agreement. If you do not agree to all of these terms and conditions please do not use this Site and leave this Site immediately.

We reserve the right, at our sole and absolute discretion, to change, modify, add, or remove portions of these terms at any time without notice. Unless otherwise indicated, any changes will become effective immediately; therefore, please check these terms periodically for changes.  If you continue to use this Site after the changes to this Agreement have been posted, you will be deemed to have accepted those changes. Please print and retain a copy of this Agreement for your records.

2. OWNERSHIP AND LIMITATIONS ON YOUR RIGHTS TO USE THIS SITE

This Site and all materials contained in this Site are the property of G6, or its subsidiaries or affiliated companies and/or third party providers. No material from this Site or any internet website owned, operated, licensed, or controlled by us or our affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. For purposes of these terms, the use of any such material on any other web, internet, intranet, extranet or other website or computer environment is prohibited.

The information contained herein is copyrighted material of the respective owner and protected by the terms and conditions of this Agreement and other terms and conditions found at this Site and by the statutes, regulations, ordinances, judicial and governmental decisions, requirements and other laws of the states, as well as of the federal government, of the United States of America, including without limitation, those governing agreements, contracts, commercial engagements and those laws protecting intellectual property and other proprietary rights, and U.S. and international copyright laws and other laws.   

All logos, page headers, custom graphics, images, buttons, graphics, icons, symbols, trade names, trademarks, service marks, and other names, descriptions, brands and marks, whether registered or not ("Trademarks") found at or made available through any of our websites, including this Site, or in the information contained in or made available through any of our websites, including this Site, are owned by G6 or our third party providers, and are protected by law, including those specifically addressing rights of trademark owners in the United States and other countries.  

G6 hereby grants you a limited, non-exclusive, non-assignable, non-transferable, revocable license to access and use the information found at this Site for the limited purposes expressly permitted in this Agreement. You may view, display, download into the memory of your own personal computer; provided, however, (1) that you do so only for purposes of receiving, accessing, analyzing and using the Information made available at this Site in accordance with the terms and conditions hereof, for your personal, non-commercial use only; and (2) that you do not remove, alter, change, obscure or delete any copyright, trademark, or other proprietary notice or legal notices in or on any portions of this Site.

No rights are granted to you except those expressly stated here.

The software on this Site, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software"), is licensed to you by us or third party providers for your use on this Site only.  We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we (or third party providers) retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.

As a condition of your rights to access or use this Site, you must use this Site and all Information found at this Site for lawful purposes only and only as expressly permitted in this Agreement. You agree to not do any of the following, in any manner whatsoever, alone or through any other person or entity and we in our sole and absolute discretion, will determine your compliance with the following:

(1) Use this Site for any purposes that are unlawful or illegal or that could give rise to civil or criminal liability or actions against G6, you or any third party;

(2) Use this Site, the information contained in this Site for any unlawful or illegal purposes under any law, regulation or legal requirement;

(3) Post, submit, upload, e-mail or otherwise transmit any content, material or other thing at, to or through this Site that (i) infringes or violates the rights of others, including without limitation, copyright, trademark, trade secret or other intellectual property and proprietary rights, privacy or publicity rights; or (ii) has an advertising, marketing, promotional or other business or commercial purpose;

(4) Restrict or inhibit any authorized users from accessing or using this Site or the information contained in this Site; or

(5) Transmit to or introduce at this Site any viruses intended to damage, interfere with, disrupt, intercept or expropriate this Site or any information contained in this Site, or otherwise implement or engage in on-line activities, attacks or actions in a manner that have a disruptive or detrimental effect.

We may prohibit you from participating in or utilizing this Site if in our sole and absolute discretion you show a disregard for this Agreement or act with the intent to annoy, abuse, threaten, or harass any other person, or in any other disruptive manner. We also reserve the right, at our sole discretion, to refuse service, terminate accounts, remove or edit content or cancel orders.

3. LINKING

Links to other websites which may be of interest to you have been provided for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such websites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any linked website.

Please note that while using this Site you could be directed via the links to other websites that are beyond our control. For example, if you click on a banner advertisement or a search result, the click may take you off this Site. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other websites may send their own cookies to you, other users, or collect data, solicit personal information, or contain information that we do not control and that you may find inappropriate.

You may only create a link from your personal computer or website to this Site home page for the purpose of making a reservation, enrolling in one of our programs or to obtain information on G6 and its business. This limited right to link does not create any legal relationship between you and G6. You will not charge a fee in connection with the use of a link to this Site nor will G6 be obligated to pay any compensation in connection therewith, unless there is a written agreement between you and G6 providing otherwise. Regardless, your link may not use any Trademarks or information of G6 or any of our third-party providers.  We reserve the right to disable links from any third party websites to this Site.

We make no representations concerning the content of websites listed in any of this Site's directories. Consequently, we cannot be held responsible for the accuracy, compliance, legality or decency of material contained in websites listed in any search results or otherwise linked to this Site.

Please keep in mind that the Internet is a public space and that any information you disseminate can be collected by people you do not know and used in a way you would not want. Therefore, we cannot guarantee the security of any information you disclose online, and you make any disclosures at your own risk.

4. REGISTRATION INFORMATION

You are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account.  

If, at any time, G6 requires registration in order to access or use any areas or information at this Site, you agree to: (1) provide true, complete and current data, as requested in the registration process (the "Registration Information"); (2) maintain and update the Registration Information promptly as needed or requested by us; (3) prevent unauthorized access or use of your user identification number and/or passwords; (4) not assign or transfer (or attempt to do the same) any rights granted to you under this Agreement; and (5) promptly report any unauthorized use or disclosure of your password or any other breach of the Site security. G6 reserves the sole right to suspend, and/or to refuse any further, access or use of this Site or Information, if G6 learns or reasonably suspects that your Registration Information is false or inaccurate, if you refuse to provide complete and updated registration information, or you misuse or permit another to use or misuse your password who is not authorized to do so.

5. OUR MONITORING OF THIS SITE

You acknowledge and agree that G6 is under no obligation, but reserves the right, to monitor this Site, and may do so from time-to-time. When G6 monitors this Site, all user information may be examined, recorded, copied, and used for any and all authorized purposes in accordance with the terms of this Agreement and the G6 Hospitality Privacy Protection Policy. G6, in its sole discretion at any time and without further notice to you, may: (1) review, censor, prohibit the transmission or receipt of, or refuse to post and/or remove any information or materials, which G6, in its sole discretion, deems to be inappropriate or objectionable this Site or as violating any term or condition of this Agreement; and/or (2) disclose any information G6 deems necessary or desirable to satisfy any law, regulation or governmental request.

6. NO MODIFICATIONS AND INTERFERENCE

You will not monitor or copy this Site or the contents or information (including the Information) contained therein by means of any robot, spider, other automatic device, or manual process without our prior express written consent. You agree that you will not, by any means including the use of any device, software or routine, interfere or attempt to interfere with the proper working of this Site or any transaction being conducted through this Site. Without our, or the appropriate third party’s, express prior written consent, you agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for any information in which you have an ownership interest) from this Site.

The information you provide to us (i) will not contain any viruses, Trojan horses, worms, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; and (ii) will not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other  providers or suppliers.

7. DISCLAIMERS

Site Access and Information Disclaimer:
G6 WILL HAVE NO RESPONSIBILITY TO PROVIDE YOU WITH ACCESS TO THIS SITE OR ANY LINKED SITE, OR ANY INFORMATION ACCESSED OR USED AT OR THROUGH THIS SITE OR ANY OF THE LINKED SITES.  WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS REGARDING THE ACCURACY, RELIABILITY, USEFULNESS OR COMPLETENESS OF THE SERVICES, CONTENT OR MATERIALS IN THIS SITE OR ANY SITE LINKED TO IT. FURTHER, G6 WILL NOT BE RESPONSIBLE OR LIABLE FOR THE TIMELINESS OR CORRECT SEQUENCING OF OR ANY DAMAGES DUE TO THE UNAVAILABILITY DURING ANY PERIOD OF INTERRUPTION OR DELAY IN SERVICE OF ANY OF THE FOREGOING, REGARDLESS OF THE CAUSE.  YOU HEREBY ACKNOWLEDGE AND AGREE THAT G6 IS NOT RESPONSIBLE FOR ANY ACCESS OR USE BY YOU OF THIS SITE OR INFORMATION FOUND OR PRODUCTS, SERVICES OR OTHER ITEMS PURCHASED OR ACQUIRED AT OR THROUGH ANY LINKED SITE OR THIRD PARTY WHOSE INFORMATION IS FOUND AT THIS SITE, OR FOR ANY DAMAGES CAUSED BY THE SAME.  

Disclaimer of Warranties:
ALL INFORMATION AND OTHER MATERIALS, PRODUCTS, SERVICES AND FEATURES ON THIS SITE ARE PROVIDED "AS-IS" “WHERE-IS” AND ON AN "AS AVAILABLE" BASIS - WITH ALL FAULTS, LIMITATIONS AND ERRORS AND WITHOUT ANY REPRESENTATION, WARRANTY OR GUARANTY FROM G6 WHATSOEVER, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED OR ARISING BY STATUTE OR LAW OR ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR APPLICATION OR WARRANTY OF MERCHANTABILITY, TITLE OR NON-INFRINGEMENT, ALL OF WHICH G6 HEREBY DISCLAIMS.  IN ADDITION, WE HAVE NO DUTY TO UPDATE THIS SITE OR THE CONTENTS THEREOF.

 

Confidentiality and Privacy Disclaimer:

ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711): WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THIS SITE OR ANY WEB SITE LINKED TO THIS SITE. WE WILL NOT BE LIABLE FOR THE PRIVACY OF THE INFORMATION, E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT TRANSMITTED OVER NETWORKS ACCESSED BY THIS SITE, OR OTHERWISE CONNECTED WITH YOUR USE OF THIS SITE.

 

NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY US OR ANY OF THE INDEMNIFIED PARTIES WILL CREATE A WARRANTY OF ANY KIND AND YOUR AND OTHER USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. WE RESERVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION AND WITHOUT NOTICE, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THIS SITE, OR TO DENY ACCESS TO THIS SITE TO ANYONE AT ANY TIME. NEITHER WE NOR ANY OF THE INDEMNIFIED PARTIES, WILL HAVE ANY LIABILITY ARISING FROM YOUR RELIANCE UPON THE INFORMATION PROVIDED ON THIS SITE


General Disclaimers
:

The Indemnified Parties (defined in section 8) are not responsible or liable for any loss or damage to your computer or interception or use of credit card information, related to or resulting from use of this Site, services or materials linked or related to or from this Site. Also, the Indemnified Parties are not responsible or liable in any way for any injury, loss, claim or damage relating to or resulting from any part of this Site operating or not operating on computers or networks used by you or communicating with such computers or networks.

If we list or link to third party products or services, our Site acts solely as the venue for suppliers to connect with buyers. We are not involved in or a party to the actual transaction between buyers and suppliers. As a result, we have and assert no control over the quality, safety or legality of the items advertised. Nor do we warrant or represent the truth or accuracy of the listings, the ability of suppliers to sell items or the ability of buyers to buy items. We cannot guarantee that a buyer or supplier will actually complete a transaction.

We do not control the information provided by other users through this Site. You may find other user's information to be offensive, harmful, inaccurate, or deceptive, so please use caution and common sense when using this Site and interacting with other users.

Although we intend for them to be so, we do not warrant this Site or represent that descriptions of products in this Site are accurate, complete, current, or reliable in any or all respects. If a product described in this Site does not arrive as described, your sole remedy is to return it in unused condition in accordance with the suppliers' return policy.

This Site may contain technical inaccuracies or typographical errors, and G6 is not responsible for any such errors (including without limitation mistaken hotel rates) listed on our Site. G6 reserves the right, from time to time, to make changes, corrections and/or improvements to this Site, and the products and services offered thereon.

If it appears a customer has engaged in fraud or other inappropriate activity, or that a reservation either contains or was made in error, we reserve the right to cancel or modify reservations.

8. INDEMNITIES

You agree to release, indemnify, defend and hold us and our hotels and each of our and their owners, subsidiaries, affiliates, franchisees, partners and each of such person's or entities' officers, directors, employees, guests, residents, invitees, contractors, subcontractors, agents and licensees (collectively, the "Indemnified Parties ") harmless from and against any and all demands, claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including reasonable attorneys' fees) whether by reason of death of or injury to any person or loss of or damage to any property or otherwise ("Claims") arising out of or in any way connected with this Agreement, the services or products provided to you by this Site or any related act or failure to act by you and whether or not occasioned or contributed to by our the negligence or that of any agent or employee of the Indemnified Parties or any of them (except as and to the extent prohibited by applicable law) or Claims arising from your account, including, without limitation, any Claims related to infringement by you of the intellectual property rights of any person, including without limitation, patent, trade secret, trade mark, privacy, publicity, artist rights, moral rights or rights under other intellectual property laws.

In the event that any Claim is made or any action or proceeding is brought against the Indemnified Parties, or any of them, arising out of or connected with this Agreement, any such Indemnified Party may, by reasonable notice to you, require you, at your expense, to resist such Claim or take over the defense of any such action or proceeding and employ counsel for such purpose, such counsel to be subject to the prior written approval of such Indemnified Party, which approval will be deemed to have been given hereby in the case of counsel acting for your insurance underwriters engaged in such resistance or defense. If any Claim arises from your actions, you will cooperate with us in the defense of such a Claim. However, we reserve the right, at our own expense, to assume the exclusive control over any matter otherwise subject to indemnification by you.

9. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE BE LIABLE FOR ANY LOST PROFITS, COST OF COVER, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE SERVICES OR FUNCTIONS OF THIS SITE OR ARISING OUT OF YOUR ACCESS TO, OR INABILITY TO ACCESS, THIS SITE OR YOUR RELIANCE UPON, THIS SITE OR THE SERVICES, CONTENT OR MATERIALS IN, OR FUNCTIONS OF, THIS SITE, PROVISION OF, OR FAILURE TO PROVIDE SERVICES, OR INFORMATION, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE).

IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEN OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

IF YOU ARE DISSATISFIED WITH THIS SITE OR ANY OF THE PRODUCTS, SERVICES, MEMBERS, GUESTS, USERS, SUPPLIERS AND/OR BUYER OFFERED IN CONNECTION THEREWITH OR ASSOCIATED THEREWITH, AS THE CASE MAY BE, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO DISCONTINUE USE OF THIS SITE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE TERMS HEREOF.

10. TRANSACTIONS BETWEEN YOU AND THIRD PARTIES

Because we are not a party to any transaction between buyers and suppliers, in the event that you have a dispute with  any other users, you also on behalf of yourself, your predecessors, if applicable, and each of their present and former officers, directors, employees, shareholders, parent companies, subsidiaries, affiliates, partners, agents, heirs, executors, administrators, conservators, attorneys, accountants successors and assigns, as applicable, hereby fully and forever releases and discharges the Indemnified Parties, from any and all Claims, liens, actions, agreements, suits, causes of action, obligations, controversies, debts, judgments, and orders and liabilities of whatever kind or nature in law, equity or otherwise, whether now known, suspected, or may have existed, or which do exist or which hereafter can, will or may exist, based on any facts, events or omissions occurring from any time on or prior to the execution of this Agreement which arise out of, concern, pertain or relate in any way to this Agreement or this Site. You also acknowledge that there is a possibility that subsequent to the execution of this Agreement, you will discover facts or incur or suffer claims which were unknown or unsuspected at the time this Agreement was executed, and which if known by you at that time may have materially affected your decision to execute this Agreement. You acknowledge and agree that you are assuming any risk of such unknown facts and any such unknown and unsuspected claims.

This release will constitute a full release in accordance with its terms. By using this Site, you knowingly and voluntarily waive the provisions of statutes of any state or federal government which may provide an exception to this waiver. In connection with this waiver and relinquishment, you acknowledge that you are aware that any claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true, with respect to the matters released herein you later discover are fully and finally settled and released, as are all claims relative thereto, which do now exist, may exist, or have existed between and among the parties hereto, including the Indemnified Parties. You hereby acknowledge that you have sought legal counsel, and now understand and acknowledge the significance and consequence of this release and of this specific waiver of Section 1542 and other such laws.

11. PRIVACY POLICY

You hereby acknowledge having read, accepted and agreed to the terms and conditions of G6's Privacy Policy, also found at this Site, which are hereby incorporated in this Agreement. Personally identifying data that you provide to G6 and submit at this Site will be collected, used and shared by G6 in accordance with its Privacy Policy.

12. YOUR SUGGESTIONS

While we welcome your comments about this Site and the products and services offered through it, we do not accept technical or creative solicitations for Site upgrades or creative changes unless they have been previously requested by us. This is to protect both you and us from misunderstanding about the origin of materials on our Site.  When submitting comments regarding the functionality of this Site or our products or services, we ask that you be specific in your comments regarding this Site.

If we ask you to send certain specific submissions or, in spite of our urging you not to, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Materials"), then by submitting the Materials to us, you automatically grant (or warrant that the owner of such materials expressly grants) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed. You also warrant that all "moral rights" in those materials have been waived.

 

13. CHILDREN’S ONLINE PRIVACY PROTECTION ACT

This Site is not designed for anyone under age 18. If you have agreed to allow your minor child, or a child for whom you are legal guardian (a "Child"), to register for any service at this Site, then you are acknowledging and agreeing that you will be solely responsible for: (1) the on-line conduct of such Child; (2) monitoring such Child’s access to and use of this Site and the Information at this Site; and (3) the consequences of any use of this Site by such Child. If you do permit use of this Site by your Child, please be advised that G6 does not wish to receive, nor may you provide or allow your Child to provide, any personally identifying information or data from or concerning any child under age 13. G6 may use all personally identifying data submitted or collected at any Site in any fashion that is consistent with its Privacy Policy. Therefore, you must provide express permission for the receipt and use of such information before submitting or allowing your Child under age 13 to submit any personally identifying information.

14. LIMITATIONS ON ACCESS TO SITE AND EXPORT CONTROLS

The products and/or services described and made available through this Site may not be available in your country. We make no representation that the products and services offered in this Site are appropriate or available for use in any particular location.   You are responsible for obtaining and securing, and will obtain and secure, any and all authorizations, licenses and permits required by any United States or non-United States governmental or judicial authority in connection with use of this Site, including without limitation, for the export of any data, software, documents, technology or other matter subject to export control laws and regulations or any governmental authority.  If your use of this Site and/or viewing or use of any material or content herein or services offered hereby violates or infringes any applicable law in your jurisdiction(s), then you are not authorized to view or use this Site and must exit immediately. If you choose to view and/or use this Site, this constitutes your representation that you are unconditionally and without limitation permitted to view and/or use this Site and the Indemnified Parties may rely upon such representation.

This Site is operated from the United States and it is possible that some Software from this Site may be subject to United States export controls. No Software from this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country subject to a U.S. or U.N. embargo or sanction; or (ii) to anyone on the US Treasury Department's list of Specially Designated Nationals or anyone subject to the same or similar restrictions even if not listed or the US Commerce Department's Table of Deny Orders. By using this Site or downloading the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any of the above restricted lists or subject to such restrictions.

15. TERMINATION

  This Agreement may be terminated by either party.

You may terminate these terms at any time by discontinuing your use of this Site and destroying all materials obtained from this Site and any related websites as well as all related documentation and all copies and installations thereof, whether made under the terms of this Agreement or otherwise.

We may terminate this Agreement and/or your access to this Site immediately without notice by us, if in our sole discretion you violate any term or provision of this Agreement. Upon termination, you must cease use of this Site and destroy all materials obtained from such Site and all copies thereof, whether made under the terms of this Agreement or otherwise.

Notwithstanding the termination of this Agreement, you acknowledge and agree that those rights and obligations which by their nature are intended to survive the termination of this Agreement in order to be fully operative, will survive the termination of this Agreement including, but not limited to, the following provisions: 2. Ownership And Limitations On Your Rights To Use This Site; 6. No Modifications And Interference; 7. Disclaimers; 8. Indemnities; 9. Limitations of Liability; 12. Your Suggestions; and 16. Governing Law.

 

16. GOVERNING LAW

You will comply with all applicable laws, statutes, ordinances and regulations regarding your use of this Site and your solicitation of offers to purchase and/or sell products and/or services. This Agreement will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to the terms of this Agreement will be filed only in the United States District Court for the Southern District of New York or, if there is no federal subject matter jurisdiction, then in the Commercial Division of the Supreme Court, New York County, New York or if the amount in controversy does not allow such court to hear the case, then in the New York Civil Court, New York. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of this Agreement will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.

17. MISCELLANEOUS PROVISIONS

This is the entire agreement between us relating to the subject matter herein and will not be modified except as otherwise set forth herein.  No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or will constitute, a waiver of any other term, provision or condition hereof, nor will any waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver will be binding unless executed in writing by the party making the waiver.

18. ACCEPTANCE

You represent and warrant that you have the legal right, power and authority to agree to the terms of this Agreement on behalf of yourself and the member, guest, user, supplier or buyer participating in this Site. You further agree that your use constitutes an electronic signature accepting the terms of this Agreement as enforceable and binding on, and non-refutable by you and the member, guest, user, supplier and/or buyer on whose behalf you are acting. You agree that you will take all action that may be necessary or appropriate to effectuate the purposes of this Agreement.