The Terms are meant to protect visitors to this Web Site, and your access to and use of this Web Site signifies your agreement with these Terms.
DO NOT USE THIS WEB SITE IF YOU DO NOT AGREE WITH THESE TERMS.
SITE ACCESS AND USE
All Content on this Web Site, including, but not limited to, text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by United States and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes). You may not reproduce, duplicate, copy, sell, resell or otherwise exploit the content on this site for commercial use unless we provide you with prior written permission to do so. We may refuse service, terminate access, and/or cancel transactions at our discretion. You agree not to use the information on this site to advertise or solicit anyone to buy or sell any products or services (directly or indirectly), including but not limited to hotel reservation services, without America’s Best Franchising, Inc’s express written approval.
You agree that you will not use any device, software, or other instrumentality to interfere or attempt to interfere with the proper working of our site, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein, without the prior express consent from Country Hearth (such consent is deemed given for standard search-engine technology employed by Internet search sites to direct Internet users to this site).
The rates listed on this site are provided by the individual hotels and are represented in their local currency. Currency may be converted at this site, however, this service is provided for convenience only. We base international currency conversion on publicly available sources, so we do not warrant or guarantee that conversion rates are accurate or will be the same at the time you pay the hotel. Your payments to hotels on this site are matters to be resolved solely between you and the hotel, and Country Hearth does not assume any liability or involvement in disputes you may have with a hotel. Hotels may change price and availability of rooms listed on this site without notice.
You warrant and represent that you will not use this Web Site for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material.
In the event that you are provided with User Identification numbers or codes (collectively, “ID’s”), confirmation numbers, and/or passwords (as applicable) in the use of this Web Site, you shall maintain such User ID’s, confirmation numbers, and/or passwords in confidence and you agree not to distribute or disclose the same to third parties. It is your responsibility to notify us if we need to change or discontinue any of your ID’s, confirmation numbers, or passwords. It is also your responsibility to immediately request discontinuation of an ID, confirmation number, or password upon your knowledge or belief that such ID, confirmation number, and/or password is, or may be subject to, a breach of confidentiality. We may suspend or terminate your service or access to this web site if we believe a breach of these terms has occurred.
You agree to provide true, accurate, current and complete Information. If You provide any Information that is untrue, inaccurate, not current or incomplete (or we have reasonable grounds to suspect that such Information is untrue, inaccurate, not current or incomplete), We have the right to suspend or terminate your access and activity, and refuse any and all current or future use, of this Web Site.
SERVICE MARKS AND TRADEMARKS
This site may contain or reference trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights of America’s Best Franchising, Inc and/or other parties. You may not (either directly or indirectly) use, copy, reproduce, republish, upload, post, transmit, distribute, register, attempt to register, or modify these marks, or any other marks that are confusingly similar to these marks, or any other marks appearing on this site without our written consent. You may not frame, deep link, or otherwise incorporate into another Web site any of the Content or other materials on this Web Site without Our express prior written consent. This prohibition on use of the marks includes, without limitation, use as Meta tags, in domain names, and on other sites. Some marks on this site may be owned by other parties and used with permission.
Our site content, including but not limited to text, graphics, logos, button icons, images, audio/video clips, digital downloads, data compilations, software used to operate the site, metatags, and all compilations of any of the above, and any software available for download on this site, are our property, or the property of our content suppliers and vendors, and are protected by United States and international copyright laws. You may use this site’s content and downloadable software only as resources for your travel needs, and not for any other use (direct or indirect). Prohibited uses include but are not limited to displaying, distributing, modifying, reproducing, republishing, decompiling, or transmitting any content on this site or the software available for download on this site in any manner without written permission from us.
All linking to this site must be authorized by us in advance. You may not establish a hyperlink to this Web Site or provide any links that state or imply any sponsorship or endorsement of your Web site by us or our providers without prior consent.
This site may contain links to sites owned or operated by other parties not operated under our control. Such links are provided for your convenience only. We do not control and are not responsible for the content or privacy policies, on, or the security of, such sites. If you choose to leave this Web Site via links to other non-Country Hearth Web Sites, including those of advertisers, America’s Best Franchising, Inc is not responsible for the privacy policies of those sites or the cookies those sites use. We specifically disclaim any responsibility if such sites infringe any third party’s intellectual property rights; are inaccurate, incomplete, or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security and privacy; contain viruses or other items of a destructive nature; or are libelous or defamatory. Further, we do 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 our permission.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT, OR OTHERWISE) RESULTING FROM ACCESS TO OR ANY USE OF, OR INABILITY TO USE OR ACCESS, OR RELIANCE ON, OR FUNCTIONING OF, THIS SITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OF DAMAGE.
BY WAY OF EXAMPLE ONLY, WE AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM: FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF CONTENT, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. MOREOVER, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this Section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of us and the providers, and to all respective officers, directors, employees, representatives, attorneys, and agents.
DISCLAIMER OF WARRANTIES
ALL CONTENT ON THIS WEB SITE IS PROVIDED “AS IS”. WE MAKE NO WARRANTY THAT THIS SITE WILL MEET YOUR REQUIREMENTS OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THIS SITE. YOU UNDERSTAND AND AGREE THAT ANY CONTENT OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.
IN NO EVENT SHALL WE OR OUR FRANCHISEES OR RELATED PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) ARISING OUT OF ACCESS TO OR THE USE OR INABILITY TO USE CONTENT OR DOWNLOADABLE SOFTWARE ON THIS SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree, at your expense, to indemnify, defend and hold America’s Best Franchising, Inc, as well as our officers, directors, employees, agents, affiliates, distributors, franchisees, and licensees harmless from and against any judgment, losses, deficiencies, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with or arising from any claim, demand, suit, action, or proceeding arising out of your breach of these Terms or in connection with your use of this site or any product or service related to this site.
We operate this site from our offices in the State of Georgia, U.S.A. Accordingly, Georgia law governs these Terms, without regard to Georgia conflicts of law principles. Any controversy or claim arising out of or relating to these Terms or relating to the use of this site and the material contained in this site shall be resolved in a Georgia court. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms must be filed within one (1) year after such claim or cause of action arises or this claim or cause of action will be forever barred.
The waiver by either party of a breach or right under these Terms will not constitute a waiver of any subsequent breach or right. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms, which will otherwise remain in full force and effect.
RESERVATION OF RIGHTS AND OTHER GENERAL PROVISIONS
These Terms are for the benefit of America’s Best Franchising, Inc and our Providers, respective officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its (or their own) behalf. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
The provisions and conditions of these Terms, and each obligation referenced herein, represent the entire Agreement between Us (including our Providers), our affiliated or related entities, and You, and supersede any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between these Terms and any future published Terms or understanding, the last published Terms shall prevail.
WE RESERVE ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THESE TERMS.