GETAROOM.COM USER AGREEMENT
1. Use of the Site.
b. You must be a natural person, 18 years or older. A corporation, partnership, Limited Liability Company or any other form of entity can not become a user or member. You may not use machines, scripts, or automated services. You may maintain only one account. GetARoom may cancel any duplicate accounts at its sole and absolute discretion. You agree to make reservations only for yourself or for another person who authorizes you to make such reservation.
c. You must have Internet access and a valid email address to book. GetARoom is not responsible for your inability to connect to the Internet, to log onto the Site, or to access your GetARoom account.
d. By signing up to receive our electronic newsletters, book reservations and/or creating an account, you agree to receive email communications that are account, membership and travel-related. The travel-related emails will highlight special deals that are available to GetARoom’s customers. You can opt-out of receiving promotional travel-related emails by either visiting your account page to edit your profile or following the unsubscribe link on any of the travel-related emails you receive. If you booked reservations and/or created an account, you may not opt-out of communications which are account related and not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.
2. Account Access and Transferability.
a. Upon your registration as a customer, you will provide your email address and a password that will allow you to access your account (on the Site), verify activity, change or cancel reservations, and modify your account information.
b. Currently, there is no cost to register and use the Site. GetARoom reserves the right to change this policy at any time.
c. You must be logged into the Site and enter your email address and password to access your account.
d. GetARoom is entitled to act on instructions received under your email address and password. For security purposes, GetARoom recommends that you memorize your email address and password and do not put it in written form. GetARoom also recommends you change your password at least once every 3 months or when you feel that your password may have been compromised. You are responsible for keeping your email address, password, and other personal account information confidential. GetARoom is not responsible for any lost or misplaced email address or password nor is it responsible for any changes or cancellations made to your account by someone else who uses your password. You should immediately notify GetARoom if your email address or password has been lost, stolen or has been disclosed to an unauthorized person.
e. No reservation booked may be assigned or transferred to any third party except as expressly permitted by GetARoom in writing.
f. GetARoom may interrupt your access to the Site, without liability to you or any other user, for the performance of routine maintenance on the Site, in which case GetARoom will use commercially reasonable efforts to conduct all maintenance expeditiously and during non-business hours.
g. The information on the Site is proprietary to GetARoom.com and our suppliers. Except for making copies of your itinerary and related documents you agree not to in anyway copy, modify, publicly sell or otherwise use any information or services provided by the Site. You agree not to make any speculative or fraudulent reservations; use the Site for any commercial purpose; copy, monitor or access any information on the Site whether by any automated means or by manual process for any purpose, or link to or incorporate any part of this Site without our prior written permission.
3. Site Provider.
a. GetARoom connects you to providers of travel services. The Site is intended to facilitate your booking of hotel rooms from vendors that provide those products and services. GetARoom is not involved in providing the services. As a result, GetARoom has no control over the quality, safety or legality of the products and services offered, the truth or accuracy of the listings or the ability of the vendors to offer services. In the event that you have a dispute with one or more vendors, you release GetARoom (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, know and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
b. Change or Cancel Fee. There is NO change or cancel fee on all published rates, including published rates booked in the call center! There is a $25 change or cancellation fee for unpublished rates (call center only specials.) You may still be subject to a charge of 1 night room and tax if you do not cancel your reservation within the time as indicated for the reservation. There may be other fees imposed by our lodging suppliers and if the reservation is not cancelled by the time indicated, the entire amount may not be refundable, as indicated for the reservation. To make changes to your reservation, simply call our toll free number or click on the Customer Care button on the Site.
c. Hotel Reservation Payment. Your credit card is charged in full at the time you book a reservation. The amount you pay is the amount charged to us by the lodging vendor and the facilitation fee retained by us for booking the reservation. You authorize us to charge you for the total reservation price which includes the amount shown for the reservation plus recovery of tax charges and service fee. Upon charging your credit card, you authorize us to facilitate your lodging reservation on your behalf including making payment arrangements with the suppliers. The tax recovery charge is a recovery of the estimated taxes that we pay to the lodging suppliers for your reservations. You acknowledge that we do not collect taxes for remittance to applicable taxing authorities. The lodging provider charges us for taxes and the lodging supplier remits the applicable taxes to the taxing authorities. We do not act as co-vendors with suppliers or reserve our customer’s travel arrangements. We also collect a service fee for facilitating your reservation.
d. Ratings. We do not guarantee the accuracy of lodging ratings on the Site. We use best efforts to determine the appropriate rating, but these are intended merely as guidelines and not as any form of guarantee. Lodging providers are constantly making changes and renovations to their products and although we make best efforts to keep the Site updated, we do not guarantee the accuracy of any information on the Site nor do we make any guarantee that the lodging establishment is not undergoing any renovations.
e. Seller of Travel. GetARoom.com is a registered seller of travel in the State of Florida. Our Florida registration number is: ST37472
f. GetARoom makes no representation or warranty of any kind, either express or implied, as to whether (1) a vendor is licensed or authorized to provide the products or services it is offering; (2) the quality, identity or reliability of any vendor; (3) the fairness of any terms and conditions, including price, offered by a vendor; (4) any of the information provided by a vendor is accurate; or (5) a vendor is in good financial condition or has a good reputation and business practices.
g. Special offers are only available at participating hotels. Prices shown include applicable discounts and are based upon Getaroom’s everyday hotel rates, excluding taxes and other fees. Minimum stays may be required. Sale offers are subject to availability and may be discontinued without notice. Additional restrictions and blackout dates may apply.
4. Your Information.
5. Access and Interference.
Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to GetARoom by our Corporate Participants. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without GetARoom’s express written permission. Additionally, you agree that you will not: (a) take any action that imposes, or may impose in GetARoom’s sole discretion an unreasonable or disproportionately large load on GetARoom’s infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of GetARoom and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (d) bypass GetARoom’s measures used to prevent or restrict access to the Site.
7. NO WARRANTY.
THE SITE IS PROVIDED BY GETAROOM ON AN “AS IS” BASIS. GETAROOM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GETAROOM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. GETAROOM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. WITHOUT LIMITING THE FOREGOING, GETAROOM DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, OR IMPLIED, FOR ANY PRODUCTS OR SERVICES OFFERED ON THIS SITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT OR SERVICE WARRANTY OFFERED BY THE VENDORS PROVIDING THE SERVICE. GETAROOM DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS AND PROGRAMS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER WHICH MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
8. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES, SHALL GETAROOM OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, MEMBERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH: (I) THE SITE OR ANY BOOKING; (II) ANY FAILURE, DELAY, OR DECISION BY GETAROOM IN ADMINISTERING THE SITE; (III) ANY DETERMINATION BY ANY VENDOR, (IV) THE USE OR INABILITY TO USE THE SITE; AND (V) THE PURCHASE OR USE OF ANY MERCHANDISE, PRODUCTS, OR SERVICES OF SUPPLIERS. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFITS, BUSINESS OR OPPORTUNITY, AND LEGAL FEES), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF GETAROOM SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. IN NO EVENT WILL ANY OTHER COMPANY WITH WHICH GETAROOM HAS A CORPORATE PARTNERING RELATIONSHIP, INCLUDING WITHOUT LIMITATION, CO-BRANDING, CO-MARKETING, JOINT DEVELOPMENT, AN AFFILIATED VENDOR RELATIONSHIP, OR A SUPPLIER RELATIONSHIP (EACH A “CORPORATE PARTICIPANT”) BE LIABLE TO YOU FOR NON-PERFORMANCE OF GETAROOM’S OBLIGATIONS. YOU AGREE NOT TO SUE ANY CORPORATE PARTICIPANT FOR NON-PERFORMANCE BY GETAROOM. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF GETAROOM UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
You shall, at your sole cost and expense, defend, indemnify and hold GetARoom and its affiliates, partners, officers, directors, employees, agents, subcontractors, representatives, customers, successors and assigns (in each case, a “GetARoom Indemnitee”) harmless from and against any and all damages, liabilities, losses, costs, fines and expenses, including without limitation, reasonable attorneys’ fees and expenses, arising out of, under or in connection with any claim, demand, charge, action, cause of action, or other proceeding arising out of or related to (a) any dispute or alleged dispute between you and any vendor or service offered through the Program; (b) any breach by you of any covenant, representation or warranty set forth in this Agreement or otherwise; (c) any irregularity, error, problem or defect occurring on the Site that is caused by you; (d) any defamatory or illegal, or allegedly defamatory or illegal, material transmitted across the Site or Program by you (or any person that gains access to the network through you under this Agreement or otherwise); or (e) any claim by any person resulting from your negligent acts or omissions, or arising out of or in connection with the use of any vendor service, regardless of whether such claim is founded in contract, tort or warranty. Each GetARoom Indemnitee shall provide prompt written notice of any claim or liability and shall tender defense or settlement to you, and shall fully cooperate in defense of the claim. Should you fail to honor a timely request for indemnification, then the GetARoom Indemnitee shall, in addition to all other amounts it shall be entitled to receive from you, be entitled to all costs (including reasonable attorneys’ fees) incurred in the enforcement of the right of indemnification hereunder when such enforcement results in a legal judgment in its favor or an acknowledgment by you that the claimed indemnification is valid in a settlement of such claim.
10. Dispute Resolution.
In the event a dispute arises between you and GetARoom, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and GetARoom agree that any claim or controversy at law or equity that arises out of this Agreement or your use of the Site (”Claims”) shall be resolved in accordance with this section or as otherwise mutually agreed upon in writing by the parties. Before resorting to any alternatives, GetARoom strongly encourages you to first contact us directly to seek a resolution, and GetARoom will consider reasonable requests to resolve the dispute. For any Claim (excluding Claims for injunctive or other equitable relief), you or GetARoom agree to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the American Arbitration Association or JAMS shall administer the arbitration in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution above by the first party to make a Claim. Should either party file an action contrary to this Section 14, the other party may recover attorneys’ fees and costs; provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.
11. Contacting Us.
If you have any questions about this Agreement, please email us email@example.com, or write us at:
Attention: Customer Service
3010 LBJ Freeway, Suite 1550
Dallas, TX 75234
Although GetARoom in most circumstances will be able to receive your email or other information provided through this Site, GetARoom does not guarantee that it will receive all such email or other information timely and accurately and shall not be legally obligated to read, act on, or respond to any such email or other information. Be aware that Internet email typically is not secure.
GetARoom may amend this Agreement at any time by posting the amended terms on the Site. All amended terms shall automatically be effective immediately upon being posted on the Site and your continued participation in the Program after such modification shall be deemed your acceptance of any such amendment. It is your responsibility to check the Terms page of the Site regularly to determine if an amendment to this Agreement has been posted. Other than the posting of such amendment on the Site, GetARoom will not notify you of such amendment. If you do not agree to any modification of this Agreement, you should immediately cease using the Site. This Agreement may not be otherwise amended except in writing, signed by you and GetARoom.
This Agreement was last amended and posted on this Site on April 13, 2009.
This Agreement, as it may be amended, constitutes the entire agreement between you and GetARoom. This Agreement shall be deemed to have been made in, and shall be construed and interpreted in accordance with the internal laws of the State of Texas, without giving effect to the principles of conflicts of law thereof or of any other jurisdiction. ANY DISPUTE OR CLAIM ARISING OUT OF THIS AGREEMENT OR THE INTERPRETATION, MAKING, PERFORMANCE, BREACH OR TERMINATION HEREOF FOR WHICH A PARTY HERETO SEEKS INJUNCTIVE OR EQUITABLE RELIEF OR ANY OTHER CLAIMS NOT SUBJECT TO SECTION 14 ABOVE, SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE TEXAS STATE COURTS IN DALLAS COUNTY, TEXAS (OR, IF THERE IS EXCLUSIVE FEDERAL JURISDICTION, THE FEDERAL COURTS OF THE NORTHERN DISTRICT OF TEXAS), AND THE PARTIES CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF THESE COURTS. GetARoom does not guarantee continuous, uninterrupted, or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be enforced to the maximum extent possible, or if not enforceable, then struck, and the remaining provisions shall be enforced. You agree that GetARoom may automatically assign this Agreement and all incorporated agreements in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. You and GetARoom are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Nothing in this Agreement shall be construed as creating or constituting a partnership, joint venture, or agency relationship between GetARoom and the vendors or between GetARoom and any other of its Corporate Participants. GetARoom’s failure to insist on strict performance of this Agreement or to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 3, 7, 8, 9, 10 and 12 shall survive any termination or expiration of this Agreement.
CONSUMER CLUB, INC DBA: WWW.GETAROOM.COM is registered with the State of Florida as a Seller of Travel. Registration No. ST37472.