Terms And Conditions Regarding Digital Content
Effective November 2020
Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. THIS IS A BINDING LEGAL AGREEMENT. BY ACCESSING AND CONTINUING TO USE THE SITE, YOU AGREE TO EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS. PLEASE DO NOT USE THE SITE IF YOU DO NOT AGREE TO EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS.
Martini Bay at London Bridge Resort (MB) (MB), 1477 Queens Bay, Lake Havasu City, AZ 86403 provide various websites and apps available to visitors. Our websites and apps include without limitation, this website and other consumer-facing platforms operated under our umbrella, including, www.LondonBridgeResort.com, www.kokomohavasu.com, www.lakehavasugolf.com, www.azspringbreak.com, and our social media pages and mobile apps (collectively, our “Sites”). Our Sites are controlled and operated from the United States and are subject to United States law.
The content and content displayed on the Sites are Martini Bay at London Bridge Resort (MB)’s property and are collectively referred to as “MB Content”. The downloading, reproduction, or retransmission of MB Content, other than for non-commercial individual use, is strictly prohibited, except to the extent permitted with the prior written consent by MB or by travel agents for business-only purposes.
Use of Site
The services of the Sites are available only to individuals who can form legally binding contracts under applicable law, and thus, are not available to minors. By using the Sites, you represent that you are of sufficient legal age to use the Sites and to create binding legal obligations for any liability you may incur as a result of the use of the Sites. You also warrant that you are legally authorized to make the travel reservations and purchases for either yourself or for another person for whom you are authorized to act.
The Sites are to be used by you for your personal use only. You agree that you will not use the Sites for chain letters, junk mail, “spamming”, solicitations (commercial or non-commercial), or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list. In addition, you agree not to create a hypertext link from any web site controlled by you or otherwise, to the Sites without the express written permission of MB. You agree not to pretend to be any other person or a representative of any entity, whether actual or fictitious, including any employee or agent of MB or any third party that provides services related to the Sites.
“Chat Area” means any chat area, forum, message board, or similar service offered in conjunction with the Sites including social media. If You participate in a Chat Area, you agree that, in addition to complying with the Terms and Conditions, you will not: Defame, abuse, harass, threaten, or make any discriminatory statements about others; advocate illegal activity; use indecent, obscene or discourteous language or images; or provide content that is not related to the designated topic or theme of the Chat Area. You shall remain solely responsible and liable for your use of the Chat Area. MB reserves the right to remove or edit content from any Chat Area at any time and for any reason, however, MB has no duty to do so and is not responsible for the content or accuracy of any content in a Chat Area.
We reserve the right, at our discretion, to change and or modify portions of these Terms and Conditions at any time without notice and, unless otherwise indicated, such changes will become effective immediately upon posting; therefore, please check these Terms and Conditions periodically for changes. We will display the effective date of these Terms and Conditions at the top of this page.
By submitting any ideas, comments, suggestions, or other content: to a Chat Room; or to MB related to improvements to the Sites or services related to the Sites; (collectively, the “Feedback”), You agree that such Feedback shall be deemed, and shall remain MB’s property. None of the Feedback shall be subject to any obligation of confidentiality on MB’s part and MB shall not be liable for any use or disclosure of any Feedback. MB shall own all rights related to the Feedback (including without limitation intellectual property rights and moral rights) and shall be entitled to use of the Feedback without restriction for any purpose whatsoever, commercial or otherwise, without compensation to you.
Our Sites may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes, or other proprietary rights of MB and/or other parties. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes, and other proprietary rights of MB and/or other parties is granted to or conferred upon you. The www.MB.com site and/or certain activities provided via our Sites may be covered by U.S. Patent No. 6,091,956 and/or U.S. Patent No. 7,624,044.
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 Sites 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 devices, or manual process to monitor, scrape, or copy our Sites or the content contained therein, or any aspect of the Sites or the Content, without the prior express consent from an authorized MB representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to our Sites). Furthermore, you agree that you will not use our Sites for any purpose that is illegal, unlawful, or prohibited by these Terms and Conditions. You agree that you will not interrupt, disrupt, alter, destroy, impair, restrict tamper, or otherwise affect the proper operation of our Sites in any way, including, without limitation, through the use of any malicious or unauthorized code, virus, worm, Trojan horse, malware, or program.
You agree that MB has no obligation to but may monitor and review content you transmit over the Sites. You agree that MB may censor, edit, remove or prohibit the transmission or receipt of any content that MB deems inappropriate or in violation of these Terms and Conditions, and use any such content as necessary to provide the Sites or to protect the rights or properties of MB. You agree that MB may also monitor and review stored content without restriction. You hereby acknowledge and consent to such monitoring and reviewing.
You may not use our Sites in any threatening, libelous, slanderous, defamatory, obscene, inflammatory, pornographic, discriminatory, or otherwise offensive manner. We reserve the right in our sole discretion to revoke or deny your access to our Sites, including, without limitation, if you violate any of the provisions of these Terms and Conditions.
You agree that you will make only legitimate reservations in good faith for use by you and your invited guests only, and not for other purposes, including without limitation, reselling, impermissibly assigning or posting on third-party websites, or making speculative, false or fraudulent reservations, or any reservation in anticipation of demand.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SITES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR ANY GUARANTY OR ASSURANCE THAT OUR SITES AND/OR CONTENT WILL BE AVAILABLE, ADEQUATE, ACCURATE, UNINTERRUPTED, COMPLETE, OR ERROR-FREE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR DEVICES, PROGRAMS, AND CONTENT. BY USING ANY OF OUR SITES AND/OR CONTENT, YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH THAT USE.
Our Sites may provide you with the ability to use usernames, passwords, or other codes or devices to gain access to certain portions of our Sites (“access codes”). You are entirely responsible for maintaining the confidentiality of your access codes and for all activities that occur under your account. We reserve the right to immediately terminate your account in our sole discretion and without prior notice to you wherever there is a reason including, for example, if you violate any part of these Terms and Conditions.
Limitation of Liability
To the maximum extent permitted by law, we, other members of our group of and affiliated companies and third parties connected to us hereby expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Sites or in connection with the use, inability to use, or results of the use of our Sites, any websites linked to them and any materials posted on them, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
IN THE EVENT MB IS HELD LIABLE FOR ANY DAMAGES RELATED TO THE SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO REIMBURSEMENT OF THE CHARGES FOR SERVICES OR PRODUCTS PAID BY YOU.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THIS SITE BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability that cannot be excluded or limited under applicable law.
You shall defend us against any demands, claims, or actions brought against us or arising as a result of any breach or violation of these Terms and Conditions by you (“Claim”) and you shall indemnify and hold us harmless from and against any and all losses, damages, costs, and expenses (including attorneys’ fees) resulting from any such Claim. We have the right, at our expense, to assume exclusive defense against any Claim and all negotiations for settlement and you agree to cooperate with us in the defense of any such Claim, at our request.
With respect to all communications you make to us regarding MB content including but not limited to feedback, questions, comments, suggestions and the like: (a) you shall have no right of confidentiality in your communications and we shall have no obligation to protect your communications from disclosure; (b) we shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (c) we shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such content.
Inaccuracies and Errors
MB content may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to your transaction. MB does not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor reservations or content affected by such inaccuracies. MB reserves the right to make changes, corrections, cancellations, and/or improvements to MB Content, and to the products and programs described in such content, at any time without notice, including after confirmation of a transaction.
Mis-Communications / Lost Transactions
MB and any other providers of products or services related to the Sites are not responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected, transmissions, messages or entries, or the security of any such communications. Further, MB and any other providers of products or services related to the Sites are not responsible for incorrect or inaccurate entry content, whether caused by user(s) or by any of the equipment or programming associated with the Sites, or by any technical or human error that may occur in the processing of any content related to the Sites. MB and any other providers of products or services related to the Sites may cancel or modify reservations where it appears that a user has engaged in a fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error.
You agree that neither MB nor any other providers of products or services related to the Sites are responsible for any damages that may arise as a result of any travel or resort arrangements or other orders you request or make on the Sites which are not processed or accepted for any reason.
Availability of Products and Services
Our Sites contain content on Marriott products and services, not all of which are available in every location. A reference to a Marriott product or service on one of our Sites does not imply that such product or service is or will be available in your location.
These Terms and Conditions shall be governed by, construed, and enforced in accordance with the laws of the State of Arizona, United States, without regard to its conflicts of law rules. The exclusive jurisdiction for any dispute not covered by the terms of the Arbitration provision set forth in these Terms and Conditions may be filed only in the state or federal courts located in the State of Arizona, United States. YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. The foregoing shall not apply to the extent that applicable law in your country of residence requires application of another law and/or jurisdiction and this cannot be excluded by contract.
Except with respect to any claim or dispute involving the ownership, validity or use of any MB trademarks or service marks, any dispute arising out of or related to the Sites (including any claim that any provision of these Terms and Conditions are invalid, illegal, or otherwise voidable or void) will be submitted for and resolved by binding arbitration in the state of Arizona. MB shall have the right in a proper case to obtain temporary restraining orders, temporary or preliminary injunctive relief, and/or declaratory relief (other than declarations with respect to the amount of money damages) from a court of competent jurisdiction.
The arbitration proceedings shall be heard by one independent arbitrator who shall be an attorney or retired judge. The arbitration shall be held in Lake Havasu City, AZ, and in accordance with the then-existing Commercial Arbitration Rules of the AAA. You and MB waive any rights to maintain other available resolution processes for such disputes, such as a court action or administrative proceeding, to settle disputes. You and MB waive any right to a jury trial for such disputes. The rules in arbitration are different from the rules that apply in court. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief and must honor the same limitations stated in these Terms and Conditions, as a court would.
In reaching his or her decision, the arbitrator shall follow these Terms and Conditions, shall be bound to apply the applicable law, and shall not rule inconsistently with the applicable law. The arbitration shall be conducted on an individual basis, and not as a consolidated, common, representative, group, or class. The arbitrator shall include in his or her award any relief he or she deems proper in terms of money damages (with interest on unpaid amounts from the date due at the maximum rate allowed by law), and attorneys’ fees and costs. The award of the arbitrator shall be conclusive and binding upon all parties hereto and judgment upon the award may be entered in any court of competent jurisdiction.
Confidential. Other than as may be required by law, the entire arbitration proceedings (including, but not limited to, any rulings, decisions, or orders of the arbitrator), shall remain confidential and not be disclosed to anyone other than the parties to this Agreement.
Limitations Period. Any and all claims and actions arising out of or relating to the sites shall be commenced within one (1) year from the occurrence of the facts giving rise to such claim or action, or such claim or action shall be barred.
Class Action Waiver. You agree that you will not file a class action against MB or participate in a class action against MB. You agree that you will not file or seek a class arbitration, or participate in a class arbitration, against MB.
If you have questions about these Terms and Conditions, please send an e-mail to email@example.com
©2020 Martini Bay at London Bridge Resort (MB). All rights reserved. MB proprietary content.