Terms of Use
BEST WESTERN INTERNATIONAL, INC.
READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS SITE
This Site is domiciled in the United States
Welcome to www.bestwestern.com (the Site). The Site is owned and operated by Best Western International, Inc., a corporation incorporated in Arizona, USA. References to “Best Western,” “we” and “us” throughout these Terms of Use, depending upon the context, collectively refer to Best Western and any subsidiary of Best Western, including but not limited to SureStay, Inc. This Site is operated from our offices in Phoenix, Arizona and not form any other location. Any translation of this page or any portion of the Site into a language other than English is solely for the convenience of our customers and does not imply, directly or indirectly, that the Site is operated from any other country.
AGREEMENT FOR USE
You agree that you are at least 18 years of age and possess the legal authority to access and to use this "Site" and the content, data, and information contained herein (collectively, "Content") in accordance with the terms and conditions provided below ("Terms of Use"). You agree to be financially responsible for your use of this Site. You agree to supervise all usage by minors of this Site under your name or account. You also agree that all information provided by you or members of your household in using this Site is true and accurate. You agree that the reservation services of this Site shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You understand that overuse or abuse of the reservation services of this Site may result in your being denied access to such services. For any reservations or other services for which fees may be charged, you agree to abide by the terms and conditions of purchase imposed, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of rates, products, and services. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Site.
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 this Site. You are responsible for maintaining the confidentiality and security of your login and password, and you accept responsibility for all activities that occur under your account or password. You must notify Best Western International, Inc. (“Best Western”) immediately if the security of your login or password has been breached.
Best Western reserves the right to change the terms, conditions, and notices under which the Content and this Site are offered at any time. We may revise these Terms of Use at any time by amending this page. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on this Site.
LICENSE AND SITE ACCESS
Best Western 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 in, or management of, a 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 to access or use 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. 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. 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 and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Best Western's name or trademarks without the express written consent of Best Western. Any unauthorized use terminates the license granted by Best Western. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Best Western so long as the link does not portray Best Western, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Best Western logo or other proprietary graphic or trademark as part of the link without express written permission. Any rights not expressly granted herein are reserved.
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; (b) interfere or disrupt networks connected to this Site; (c) use or attempt to use any device, software, or routine which interferes with the proper functioning of this Site or any transactions being offered through this 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 this 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 this Site which violates any local, state, provincial, federal, international, or other law; (f) deliver any communication to or through this Site that contains defamatory, libelous, abusive, or obscene material; or (g) deliver any communication to or through this Site that will infringe upon the rights of any third party.
INTELLECTUAL PROPERTY
This Site and the Content contains Best Western® trademarks and copyrighted material or trademarks and copyrighted material that we are authorized to use. ("Intellectual Property"). But, 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 is the sole and exclusive owner of certain registered and unregistered trademarks, service marks, and collective service marks (collectively "trademarks"), including, but not limited to:
BEST WESTERN®; BEST WESTERN PLUS®; BEST WESTERN PREMIER®; BW®; BWR®; BEST WESTERN REWARDS®; Vīb®; GLō®; BW PREMIER COLLECTION® BY BEST WESTERN; EXECUTIVE RESIDENCY BY BEST WESTERN®; BW SIGNATURE COLLECTION® BY BEST WESTERN; SURESTAY® HOTEL BY BEST WESTERN; SURESTAY PLUS® BY BEST WESTERN; SURESTAY COLLECTION® BY BEST WESTERN;; 1 800 WESTERN®; BEST REQUESTS®;;; BEST WESTERN SERVICE REWARDS®; OPERATION: HOSPITALITY®; BEST WESTERN I CARE®; STAY WITH PEOPLE WHO CARE®; BEST WESTERN STAY WITH PEOPLE WHO CARE®; BEST WESTERN GETAWAY ESCAPES®; BUSINESS PLUS®; BEST BUSINESS WORLDWIDE®; BEST WESTERN BESTRATES®; BEST WESTERN RIDE REWARDS®; BEST WESTERN SPEED REWARDS®; SLEEP AND FLY®; BEST WESTERN FOR A GREENER WORLD®; BEST WESTERN FOR A BETTER WORLD®; BEST WESTERN BUSINESS ADVANTAGE®; BEST WESTERN TRAVEL AGENT ADVANTAGE®; BEST WESTERN HOME TEAM ADVANTAGE®; BEST WESTERN VACATION ADVANTAGE®; REWARD IT FORWARD®; BEST WESTERN TO GO®; BEST WESTERN SEARCH & STAY®; BEST WESTERN TRAVEL CARD®; GIVE THE GIFT OF TRAVEL®; THE GIFT THAT TAKES YOU PLACES®; RECOGNITION GUARANTEE; RECOGNITION GUARANTEED®; ULTRA CLEAN®; BEST BUSINESS SELECT®; BEST WESTERN MARKETPLACE®; GROUP ADVANTAGE®; BESTWESTERN.COM; WHEREVER LIFE TAKES YOU BEST WESTERN IS THERE®; MY STAY MY WAY®; MORE PERKS MORE PRIVILEGES®; STATUS MATCH…NO CATCH®; RIDER-FRIENDLY®; BEST WESTERN ACADEMY®; WELCOME TO THE PREMIER LIFE®; BWRIDER.COM; XML DIRECTCONNECT; AND I CARE.
Best Western holds a nonexclusive license to U.S. Patent Nos. 5,774,870, 6,009,412, and 6,578,012 owned by Affinion Net Patents, Inc.
LINKS TO THIRD-PARTY SITES
This Site may contain links to sites owned or operated by parties other than Best Western. Such links are provided for your convenience only. Best Western does not control, and is not responsible for, the content or privacy policies on, or the security of, such sites. Without limiting the foregoing, and unless otherwise prohibited by the laws of your jurisdiction. Best Western 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; or (f) are libelous or defamatory. Best Western 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.
PRIVACY
Your use of this Site is subject to the Best Western Privacy Policy. If you would like to view the privacy practices that govern how we process information provided on this Site, please review our Privacy Policy.
LIMITATION OF LIABILITY
Except where prohibited by law, in no event shall Best Western 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 this 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 has been advised of the possibility of such damages.
WARRANTY
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 does not warrant the accuracy or completeness of the information, text, graphics, links or other items of this Site or its Content. Best Western may make changes to the Content, or the programs, policies, or other information described in the Content, at any time without notice. Best Western makes no commitment to update the Content.
GOVERNING LAW
Unless prohibited by the laws of your jurisdiction, any controversy or claim arising out of or relating to these Terms of Use or relating to the use of this Site or the Content contained in this Site shall by governed by the laws of the State of Arizona, United States of America, exclusive of the choice of law rules thereof, and shall be resolved in a state or federal court in Arizona.
MERGER/WAIVER/SEVERABILITY
These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all prior oral and written agreements. No failure or delay on the part of Best Western in exercising any right or remedy hereunder or enforcing the terms and conditions of these Terms of Use will operate as a waiver thereof. If any part or provision of these Terms of Use is found to be invalid, unenforceable, or void, then the remaining portion shall remain in full force and effect. Headings are for convenience only and not for use in interpretation of these Terms of Use.
NOTICES
All notices and other communications permitted or required by the provisions of these Terms of Use may be given by electronic mail, post mail or, if by Best Western, by posting such notice on this Site. Notice is deemed given upon receipt by you if sent by electronic mail or post mail, or immediately upon posting to this Site.