1. AGREEMENT FOR USE
If you have been provided with a login and password, then any such login and password are for your personal use only. You may not reveal your login or password to anyone else or permit anyone else to use your login and password to access the Site. You are responsible for maintaining the confidentiality and security of your login and password and accept responsibility for all activities that occur under your account or password. You must notify Best Western International immediately when the security of your login or password has been breached.
2. LICENSE AND SITE ACCESS
Best Western International grants you a limited, revocable and non-exclusive license to access and make personal use of this Site and the Content exclusively to inquire about or make travel reservations and related services, including services relating to enrollment, management or edit of your Best Western Rewards® membership. You are responsible for all activity that takes place with regard to this limited license, and your access to and use of this Site. Only you may access this Site. You may not authorize any third-party individual, entity or service access to and/or use of this Site on your behalf. You may not download (other than page caching) or modify this Site, or any portion of it, except with the express written consent of Best Western International. This license does not include: (a) any resale or commercial use of this Site or its contents; (b) any collection and use of any hotel listings, descriptions, or prices; (c) any derivative use of this Site or its contents; or (d) any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Best Western International. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Best Western International and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Best Western International's name or trademarks without the express written consent of Best Western International. Any unauthorized use terminates the permission or license granted by Best Western International. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Best Western International so long as the link does not portray Best Western International, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Best Western International logo or other proprietary graphic or trademark as part of the link without express written permission. Any rights not expressly granted herein are reserved.
3. PROHIBITED CONDUCT
You agree not to: (a) copy, display, modify, reproduce, or otherwise transfer any Content to any third party without the prior written permission of Best Western International; (b) interfere or disrupt networks connected to the Site; (c) use or attempt to use any device, software or routine which interferes with the proper functioning of the Site or any transactions being offered through the Site; (d) transmit files, data or other Content containing a computer virus, corrupted data, worms, "Trojan horses" or other instructions or design that would erase data or programming or cause the Site or any equipment or system to become inoperable or incapable of being used in the full manner for which it was designed; (e) deliver any communication to or through the Site which violates any local, state, federal or international law; (f) deliver any communication to or through the Site that contains defamatory, libelous, abusive or obscene material; or (g) deliver any communication to or through the Site that will infringe upon the rights of any third party.
4. INTELLECTUAL PROPERTY
This Site and the Content contained herein includes certain Best Western trademarks and copyrighted works and may utilize proprietary information or technology ("Intellectual Property"). No license or right to or in any Intellectual Property is granted to or conferred upon you. Reproduction or storage of Content obtained from this Site is subject to the U.S. Copyright Act. Best Western International is the sole and exclusive owner of certain registered and/or unregistered trademarks, service marks, collective service marks (collectively "trademarks"), including, but not limited to:
BW, BESTWESTERN.COM, BEST WESTERN; BEST WESTERN PLUS; BEST WESTERN PREMIER; BEST WESTERN TO GO; BEST WESTERN MARKETPLACE; BEST WESTERN RIDE REWARDS; LET'S GET TO THE POINTS; RIDER-FRIENDLY; BWRIDER.COM; I CARE; BEST WESTERN SPEED REWARDS; THE ORIGINAL GLOBAL HOTEL GIFT CARD; BEST WESTERN ACADEMY; SLEEP AND FLY; WELCOME TO THE PREMIER LIFE; BHUVANA MY SPA; THE GIFT THAT TAKES YOU PLACES; GIVE THE GIFT OF TRAVEL; BEST WESTERN FOR A BETTER WORLD; BEST WESTERN FOR A GREENER WORLD; BEST OF THE BEST; KNOCK KNOCK; MY BEST CUSTOMER CARE; RACE FAN RATE; ULTRA CLEAN; MORE PERKS. MORE PRIVILEGES; STATUS MATCH...NO CATCH; THE WORLD'S BIGGEST HOTEL FAMILY; THE WORLD'S LARGEST HOTEL CHAIN; 1-800-WESTERN; BEST REQUESTS; BESTCHEQUE; BEST WESTERN GETAWAY ESCAPES; BUSINESS PLUS; BEST START; BEST BUSINESS SELECT; BEST BUSINESS WORLDWIDE; BEST WESTERN BESTRATES; BEST WESTERN REWARDS; BW REWARDS; GROUPS ONLINE; LYNX; BEST WESTERN PLUS EXECUTIVE RESIDENCY; BEST WESTERN E-CONCIERGE; BW PREMIER COLLECTION; BEST WESTERN BESTREV; BEST WESTERN vīb; STAY WITH PEOPLE WHO CARE; BHUVANA SPA LITE & BHUVANA SPA LUXE; OPERATION: HOSPITALITY; BEST WESTERN SEARCH & STAY; BEST WESTERN BUSINESS ADVANTAGE; BEST WESTERN VACATION ADVANTAGE; BEST WESTERN TRAVEL AGENT ADVANTAGE; BEST WESTERN SERVICE REWARDS; BEST WESTERN I CARE CLEAN
All other trademarks not owned by Best Western International that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Best Western International or its subsidiaries.
5. LINKS TO THIRD PARTY SITES
The Site may contain links to sites owned or operated by parties other than Best Western International. Such links are provided for your convenience only. Best Western International does not control, and is not responsible for, the content or privacy policies on, or the security of, such sites. Without limiting the foregoing, Best Western International specifically disclaims any responsibility if such sites: (a) infringe any third party's intellectual property rights; (b) are inaccurate, incomplete or misleading; (c) are not merchantable or fit for a particular purpose; (d) do not provide adequate security and privacy; (e) contain viruses or other items of a destructive nature; (f) or are libelous or defamatory. Best Western International does not endorse the content, or any products or services available, on such sites. If you establish a link to such sites, you do so at your own risk and without the permission of Best Western International.
6. LIMITATION OF LIABILITY
Except where prohibited by law, in no event shall Best Western International be liable for any special, indirect or consequential damages or any damages whatsoever, including loss of profits or data, whether in an action in contract or tort, arising out of the use or performance of the Site or the Content, or the performance or non-performance by best western or any third party providers of products or services related to this Site. This limitation of liability shall apply regardless of whether the claim asserted is based on contract, negligence, or any other theory of recovery, even if Best Western International has been advised of the possibility of such damages.
Except where prohibited by law, this Site and the Content are provided "AS IS" without any warranty, representation, condition, undertaking or term of any kind, express or implied, statutory or otherwise, including without limitation, the warranties of merchantability, non-infringement of intellectual property, or fitness for a particular purpose. Best Western International does not warrant the accuracy or completeness of the information, text, graphics, links or other items of this Site or its Content. Best Western International may make changes to the Content, or the programs, policies or other information described in the Content, at any time without notice. Best Western International makes no commitment to update the Content.
10. COPYRIGHT CLAIMS
Best Western International and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for making claims of copyright infringement.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Best Western International's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Best Western International and its affiliates that your copyrighted material has been infringed.
Service Provider(s): Best Western International
Name of Agent Designated to Receive Notification of Claimed Infringement: General Counsel
Full Address of Designated Agent of Which Notification Should be Sent: 6201 North 24th Parkway, Phoenix, AZ 85016-2023
Telephone Number of Designated Agent: +1 602-957-4200
Facsimile Number of Designated Agent: +1 602-957-5551
To be effective, the Notification must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; 4. Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; 5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the written Notification containing the information as outlined in 1 through 6 above:
1. Service Provider shall remove or disable access to the material that is alleged to be infringing; 2. Service Provider shall forward the written notification to such alleged infringer ("Subscriber"); 3. Service Provider shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the material.
To be effective, a Counter Notification must be a written communication provided to the Service Provider's Designated Agent that includes substantially the following:
1. A physical or electronic signature of the Subscriber; 2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; 3. A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; 4. The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which the Service Provider may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above:
1. Service Provider shall promptly provide the Complaining Party with a copy of the Counter Notification; 2. Service Provider shall inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days; 3. Service Provider shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided Service Provider's Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Service Provider's network or system.