PLEASE READ THESE TERMS AND CONDITIONS (collectively, these “Terms”) CAREFULLY BEFORE USING THIS SITE. THIS IS A BINDING LEGAL AGREEMENT. BY ACCESSING AND CONTINUING TO USE OUR SITES, YOU AGREE ON YOUR OWN BEHALF, AND ON BEHALF OF ANY LEGAL ENTITY THAT YOU REPRESENT OR FOR WHICH YOU ACCESS OUR SITES, TO EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS AND YOU AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
DO NOT ACCESS OR USE OUR SITES IF YOU DO NOT AGREE TO EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE OUR SITES.
If you have questions about these Terms or our Sites, please send an e-mail to [email protected]
______________Ltd. and its affiliates, properties and property owners (collectively, “we”, “our” “us” or “ourselves”), provide various websites and apps available to visitors located around the world.
Our websites and apps include without limitation, this website and other consumer facing platforms operated under our various brands, including without limitation, _www._____, www.___, and www.____, and also include any sub-domains thereof and our mobile apps (collectively, including any translations into other languages, our “Sites”). These Terms govern your access and use of our Sites and our online services and any content or information contained therein. Our Sites are controlled and operated from the Kingdom of Thailand and are subject to the laws of Thailand.
Amendment of These Terms
We reserve the right, at our discretion, to change and or modify the whole or portions of these Terms at any time without notice and, unless otherwise indicated, such changes will become effective immediately upon posting; therefore, please check these Terms periodically for any changes. We will display the effective date of these Terms at the top of this page. Your use of our Sites constitutes your continuing agreement to be bound by these Terms, as they are amended from time to time.
Changes to Our Sites
We expressly reserve the right to make any changes that we deem appropriate from time to time to our Sites or to any information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software, opportunities, features, services, and other materials within our Sites.
Use of Sites
- The downloading, reproduction, or re-transmission of any content or information contained on our Sites are our property and is strictly prohibited for any use other than for non-commercial individual use.
- The products and services on our Sites are available only to individuals who can form legally binding contracts under applicable law, and thus, are not available to minors. By using our Sites, you represent that you are of sufficient legal age to use our Sites and to create binding legal obligations for any liability you may incur as a result of the use of our 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.
- Our Sites contain information on our products and services, not all of which are available in every location. A reference to a product or service on one of our Sites does not imply that such product or service is or will be available in your particular location.
- Our Sites are to be accessed and used by you for your personal use only. Any other access to or use of our Sites or the information contained therein constitutes a violation of these Terms and may violate applicable copyright, trademark, or other laws.
- The content of our Sites, including advertising content, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. Each product or service is void where prohibited by law.
- You agree that you will not use our Sites for chain letters, junk mail, pyramid schemes, investment opportunities or plans, “spamming”, advertisements, 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 our Sites without prior written permission from us. You agree not to pretend to be any other person or a representative of any entity, whether actual or fictitious, including an employee or agent of our company or any of our affiliates or any third party that provides services related to our Sites.
- You may not access or use our Sites or any information contained therein in any unlawful, fraudulent, threatening, abusive, hateful, offensive, harassing, libelous, slanderous, defamatory, obscene, inflammatory, pornographic, profane, discriminatory, or otherwise offensive or objectionable 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.
- You agree that you will make only legitimate reservations in good faith for use by you and your invited guests only, and not for any 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.
- You represent and agree that all information that you provide to us in connection with your access to and use of our Sites is true, accurate, and complete to the best of your knowledge and belief.
- You shall not use our Sites to post or transmit any information which is invasive of another’s privacy or publicity rights or that otherwise violates or infringes in any way upon the rights of others.
- You will be financially accountable for all uses of our Sites by you and anyone using your password and login information.
- We reserve the right, in our sole discretion, to terminate your access to all or any part of our Sites, without notice or liability, for any reason, including, but not limited to: (a) the unauthorized use of any username or password; or (b) the breach of any agreement between you and ourselves, including, without limitation, these Terms. Following any such termination of access, you will continue to be legally bound hereunder to the fullest extent applicable. Upon being notified that your access is terminated, you must destroy any materials you have obtained from our Sites. You may not access our Sites after your access is terminated without our prior written approval. After terminating your access, we retain all rights, including all intellectual property rights, proprietary rights, and licenses retained in these Terms, and the limitations upon your use and treatment of our Sites and information contained therein will remain in full force.
- You agree that you will not access, monitor, scrape, use or copy any portions of our Sites or the information contained therein or 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 or otherwise interfere with or inhibit any other user of our Sites from properly accessing and using our Sites. In addition, you agree that you will not use any robots, spiders, scrapers, web crawlers, indexing agents or other automatic devices or mechanisms, or manual processes to monitor, scrape, or copy our Sites or the information contained therein, or any other aspect of our Sites.
- Furthermore, you agree that you will not use our Sites for any purpose that is illegal, unlawful, or prohibited by these Terms.
- 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, time bomb, cancelbots, malware, adware or other computer programming routines or otherwise in any manner that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
- You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of our Sites or the information contained therein. In no event will you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of our Sites or the information contained therein or any access to or use of our Sites or the information contained therein.
“Chat Area” means any chat area, forum, message board, or similar service offered in conjunction with our Sites. If you participate in a Chat Area, you agree that, in addition to complying with these Terms, 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. We reserve the right to remove or edit content from any Chat Area at any time and for any reason, however, we have no duty to do so, and are not responsible for the content or accuracy of any information in a Chat Area.
By submitting any ideas, comments, suggestions or other information: to a Chat Room; or to us related to improvements to our Sites or products or services related to our Sites; (collectively, the “Feedback”), you agree that such Feedback shall be deemed, and shall remain, our property. None of the Feedback shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Feedback. We shall own all rights related to the Feedback (including without limitation intellectual property rights and moral rights) and shall be entitled to use the Feedback without restriction for any purpose whatsoever, commercial or otherwise, without compensation to you.
By disclosing or offering any information to us, including comments, photos, event details, computer files, documents, graphics, suggestions, ideas, or other information (each, a “Submission”), either through your access or use of our Sites or otherwise, you authorize us to make such copies thereof as we deem necessary, including to facilitate the posting and storage of the Submission on our Sites. By making a Submission, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non- exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Submission for any purpose, commercial, advertising, or otherwise, on or in connection with our Sites or the promotion thereof, to prepare derivative works of, or incorporate into other
works, such Submission, and to grant and authorize sub-licenses of the foregoing. By making a Submission, you represent that you have all requisite rights to, and are authorized to disclose, all of the information contained in a Submission. You are fully responsible for any Submission you make and for the legality, reliability, appropriateness, and originality thereof.
You also agree that we have no obligation to, but may monitor and review information you transmit over our Sites. You agree that we may censor, edit, remove or prohibit the transmission or receipt of any information that we deem inappropriate or in violation of these Terms, and use any such information as necessary to protect our Sites or to protect our rights or properties. You agree that we may also monitor and review stored information without restriction. You hereby acknowledge and consent to such monitoring and review.
Our Sites may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or of our other proprietary rights and/or of other parties. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or of our other proprietary rights and/or of other parties is granted to or conferred upon you.
You understand and agree that we own, or (where applicable) we have lawfully licensed from third parties, all right, title, and interest in and to our Sites and all information contained therein. You acknowledge and agree that our Sites and all information contained therein constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of Thailand and all other applicable nations and jurisdictions and that you acquire no ownership interest by accessing or using our Sites or any information contained therein. Such intellectual property and proprietary rights may include, but are not limited to, copyrights, trademarks and service marks, trade dress, and trade secrets, and all such rights are our property or property of our licensors and content providers.
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 of improper use of access codes or other reasons including, for example, if you violate any part of these Terms.
If you link to our Sites, you agree that you will not misrepresent your relationship with us or present false or misleading impressions about us. No hyperlinks to our Sites may be used in a manner that implies or suggests that we approve or endorse you, your website, or your goods and services. We will have no responsibility or liability for any content appearing on your website. No hyperlink may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights. We reserve the right, at any time and in our sole discretion, to request that you remove from your website all hyperlinks or any particular hyperlink to our Sites. We may at any time, in our sole discretion, with or without cause, withdraw your right to link to any pages on our Sites. Upon our request, you agree to immediately remove all hyperlinks to our Sites. Thereafter, your posting of any future hyperlinks to our Sites will require our express prior written permission.
With respect to all communications you make to us regarding our Sites or the information contained therein, including but not limited to feedback, questions, comments, suggestions, submissions 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 information.
Inaccuracies and Errors
Our Sites and the information contained therein may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to your transaction. We do not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor reservations or information affected by such inaccuracies. We reserve the right to make changes, corrections, cancellations and/or improvements to our Sites and the information contained therein, and to the products, services and programs described in such information, at any time without notice, including after confirmation of a transaction.
Miscommunications / Lost Transactions
We and any other providers of products or services related to our 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, we nor any other providers of products or services related to our Sites are not responsible for incorrect or inaccurate entry of information, whether caused by user(s) or by any of equipment or programming associated with our Sites, or by any technical or human error that may occur in the processing of any information related to our Sites. We and/or any other providers of products or services related to our Sites may cancel or modify reservations where it appears that a user has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain, or resulted from, a mistake, typo, mis-entry or other error regardless of source, failure, misdirection, mis-entry, misunderstanding or other circumstance of any kind whatsoever.
You agree that neither we nor any other providers of products or services related to our Sites are responsible for any damages that may arise as a result of any travel or hotel arrangements or other orders you request or make on our Sites which are not processed or accepted for any reason.
Travel to certain destinations may involve greater risk than others. We urge you to review travel prohibitions, warnings, announcements and advisories issued by any relevant government agencies of the relevant jurisdictions, including but not limited to, the United States, your point of origin and your point of destination, prior to booking travel to international or domestic destinations. Information on conditions in various countries, territories and regions and the level of risk associated with travel to particular destinations can be found (for general example only) at
www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.
NEITHER WE, NOR ANY PROPERTY OWNERS OR PROVIDERS OF PRODUCTS OR SERVICES RELATED TO OUR SITES REPRESENT OR WARRANT THAT TRAVEL TO, OR ACCOMMODATIONS IN, DESTINATIONS WHERE SERVICES ARE OFFERED VIA OUR SITES IS ADVISABLE OR WITHOUT RISK, AND ARE NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO, OR STAYING IN, SUCH DESTINATIONS.
We may make information regarding specific programs, offers or promotions, which we are conducting, available on our Sites. Any such program, offer or promotion is subject to the specific terms, conditions and restrictions listed on our Sites in connection with such program, offer or promotion. We reserve the right to alter or withdraw any program, offer or promotion at any time. Each program, offer and promotion is void where prohibited by law. Please refer to and read carefully the terms, conditions and restrictions included on our Sites in connection with each program, offer or promotion.
You agree to defend, hold harmless and indemnify us and our officers, directors, employees, representatives, and agents, against all claims, demands, suits, or other proceedings, and all resulting loss, damage, liability, cost, and expenses (including reasonable attorneys’ fees), made by any third party arising out of: (a) content, data, or information that you submit, post to, or transmit through our Sites; (b) your access to and use of our Sites and the information contained therein and other any materials, products or services available on or through our Sites; (c) your violation of these Terms; (d) your violation of any rights of any third party; (e) your website linking our Sites or otherwise relevant to our Sites and the information contained therein; and (f) any unauthorized use of a username, password, Access Code or account number. We reserve, and you grant to us, the right, at any time, to assume the exclusive defense and control and all negotiations for settlement of any matter subject to this indemnification and you agree to cooperate with us in the defense of any such matter, at our
Hotel Reservation Terms
In addition to these Terms and the other terms and conditions specified on our Sites regarding
our properties, the following general terms and conditions apply to reservations made on our
- a. Cancellation policies and other information about specific room reservations and properties may vary by property and by the type of reservation. Individual rate rules, tax information, applicable charges and cancellation policies are displayed in the booking section of our Sites once you have entered check-in dates and selected a room type.
- b. If you plan to travel with your pet, we strongly recommend that you confirm directly with the property that they do, indeed, accept pets and receive an explanation of their pet stay policies. We accept no responsibility for rejection of a pet stay or for the specific terms and conditions of a pet stay at a particular property.
- c. Rates confirmed in a particular currency may be converted to applicable local currency by the property at your time of stay, based on the exchange rate used by the property and are subject to exchange rate fluctuations. Credit card charges are subject to additional currency conversions by banks or credit card companies, which are not within our or the property’s control and may impact the amount charged to your credit card.
- d. Reservations made by one or more individuals or by an agency on our Sites, on behalf of one or more proposed guests, and involving more than ten (10) rooms at the same property for the same period of stay, must be directly through the property.
- e. Requests for specific features such as bed or bedding type or non-smoking rooms are simply that, and while properties will strive to honor your requests, neither we nor the property can absolutely guarantee that your request can be met.
WITH RESPECT TO ANY HOTEL RESIDENCES, THESE MATERIALS DO NOT CONSTITUTE AN OFFER OR SOLICITATION OF ANY KIND, NOR ARE THEY INTENDED TO BE DISTRIBUTED IN OR CONSTITUTE AN OFFER IN ANY NATION, PROVINCE, STATE OR OTHER TERRITORY, LOCALITY OR JURISDICTION IN WHICH WE OR THE APPLICABLE DEVELOPER OF A PROJECT HAS NOT REGISTERED TO SELL PROPERTY, IF REQUIRED.
We take such commercially reasonable measures as we deem reasonably appropriate to secure and protect information transmitted to and from our Sites. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure. You are responsible for maintaining the confidentiality of any information about you, including any username and any password used in connection with your use of our Sites. You agree to notify us immediately if you discover loss or access to such information by another party not under your control and supervision. We will not be liable for any loss or damage arising from the unauthorized use of your username, Access Code or password.
Our Sites and our products and services may include certain features and services that may be available via your mobile phone, including, without limitation: (a) the ability to receive and reply to messages and to send content and messages using text messaging (Mobile Texts), and (b) the ability to access our Sites from your mobile phone (Mobile Web) (collectively, the “Mobile Services”). We do not charge for Mobile Services. Your carrier’s normal messaging, data and other rates and fees will still apply. Certain Mobile Services may be incompatible with your carrier or mobile device. By using the Mobile Services you affirmatively agree that we may communicate with you regarding our Sites and our business partners by SMS, MMS, text message, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services will be communicated to us.
You agree that in connection with the Mobile Services for which you are registered we may send communications to your mobile device regarding us or other parties. Further, we may collect information related to your use of the Mobile Services. If you have registered for Mobile Services, you agree to notify us of any changes to your mobile number and update your account(s) on our Sites to reflect this change.
By registering via our Sites, or by sending to us or to our affiliates emails, faxes, push notifications, or text or voice messages, you are communicating with us electronically and in doing so, you expressly consent to receive communications from us electronically via email, fax, push notification, or voice or text message, whether pre-recorded or auto-dialed (“Digital Means”). We will communicate with you by the aforementioned Digital Means, or by posting
notices on our Sites. You agree that all agreements, notices, disclosures, and othe communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your carrier’s normal messaging, data, and other rates and fees will still apply.
Cross-border Data Transfers
For those users of our Sites who are located outside of Thailand, you acknowledge and expressly consent to our use of your personal information, which at times will be accessible by individuals who are located worldwide including in countries that the United States, the European Commission or other geopolitical regions has determined not to provide the same level of data protection as in your country, province, territory or geopolitical region, and that such information may be accessed by the courts, law enforcement and national security authorities of such jurisdictions. By providing us with your personal information, you are
consenting to our use of your personal information in accordance with these Terms and the terms of our third-party service providers, including the transfer of your information across international boundaries, including areas outside of the United States, the European Economic Area, or other geopolitical regions to jurisdictions anywhere in the world as permitted by local law.
In accessing and using our Sites, you agree that in no event will we nor any of our affiliates, property owners, contractors, suppliers, content-providers, providers of products or services related to our Sites and other similar entities, and the officers, directors, employees, representatives, and agents of each of the foregoing (collectively, the “Our Parties”), shall be liable to you, your company, or any third party for any losses or damages, alleged under any legal theory, arising out of or in connection with: (a) your use of, or reliance on, our Sites or the information contained therein; (b) our alleged performance of or failure to perform our obligations in connection with these Terms; (c) any alleged defamatory, offensive, or illegal conduct of other users of our Sites or of third parties; or (d) your purchase or use of any goods or services provided by third parties.
Further, you agree that under no circumstances will Our Parties be liable to you, your company, or any third party for any direct, indirect, consequential, incidental, punitive, special, or similar damages or costs (including, but not limited to, alleged lost business, income, profits or data, loss of goodwill or reputation, loss of or damage to property, loss of use, business interruption, loss of contracts, loss of anticipated savings, wasted management or office time, claims of third parties, and/or for any other loss or damage of any kind whatsoever or however arising and whether caused by tort (including negligence), breach of contract or otherwise, arising out of or in connection with these Terms or the use of (or inability to use) our Sites or the information contained therein, or any weblinks from or to our Sites, or the transmission of information to or from our Sites over the Internet, even if Our Parties were allegedly advised, knew, or should have known of the possibility of such damages or costs.
Without limiting any of the foregoing, if Our Parties are found liable to you or to any third party as a result of any claims or other matters arising under or in connection with these Terms, our Sites or the information contained therein, or your use of our Sites, the maximum liability for all such claims and other matters will not exceed reimbursement of the amounts actually paid by you to us for the applicable products or services.
Lastly, in accessing and using our Sites, you hereby waive any and all rights to bring any claim or action relating to access or use of our Sites of the information contained therein beyond one (1) year after the first occurrence of the applicable act of access, use, event, condition or omission upon which such claim or action is alleged.
You agree that you will not file a class action against Our Parties or participate in a class action against Our Parties and you agree that you will not file or seek a class arbitration, or participate in a class arbitration, against Our Parties.
You agree that neither we nor any of Our Parties are responsible or liable in any way for injury, loss or damage to your computer or other device or for interception or use of credit card information or other personally identifiable information, related to or resulting from access or use of our Sites or any other sites linked to or associated with our Sites.
We make no warranty or representation regarding the confidentiality of any communication or information transmitted on our Sites or any other sites linked to our Sites, and you agree that neither us, nor any of Our Parties, are responsible or liable for the confidentiality of any information or any circumstances that may arise from disclosure of same.
In a jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of Our Parties will be limited in accordance with these Terms to the maximum extent permitted by applicable law.
To the maximum extent permitted by law, access to and use of our Sites and the information contained therein are provided “as is” at your sole risk and available without warranty of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement and all such concepts of warranties are expressly disclaimed and excluded.
We make no warranties or guarantees or assurances that our Sites and/or the information contained therein will be available, adequate, accurate, uninterrupted, complete or error free or that use of our Sites or any third party sites will allow you to obtain any particular results whatsoever or that the content or any information on, or products or services provided through, our Sites or any third party sites will be accurate, current, complete, reliable or of any particular value or quality or that any defects in our Sites or errors in information contained therein will be corrected by any particular date or that our Sites or the information contained therein shall be continuously free of any viruses or harmful components of any kind. We are neither responsible nor liable for any malicious or unauthorized code and you are solely responsible for ensuring that you have appropriate virus scanning and protective mechanisms for the security of your
devices, software programs and information. By accessing and using our Sites and/or the information contained therein, you are assuming all risk of loss that may arise or be associated with that access and use.
availability of such third-party sites or resources, and that we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such third-party sites or resources.
These Terms shall be governed by and construed and enforced in accordance with the laws of the Kingdom of Thailand, without regard to its conflicts of law rules. The exclusive jurisdiction for any dispute which are not covered by the terms of the Arbitration provision set forth in these Terms may be filed only in the courts of Thailand.
Except with respect to any claim or dispute involving the ownership, validity or use of any of our trademarks or service marks or other intellectual property (which disputes may be brought in any applicable court or tribunal throughout the world), any and all other unresolvable controversies, disputes or claims arising out of or related to our Sites or in the information contained therein or these Terms will be submitted and resolved by exclusive binding arbitration in Bangkok, Thailand in accordance with the arbitration rules of the Thai Arbitration Institute (“TAI”) for the time being in force, which rules are deemed to be incorporated by reference to this clause. The arbitral tribunal shall consist of a single arbitrator to be appointed in accordance with the TAI rules and the language of arbitration shall be English. The arbitration award shall be final and binding upon the parties. The liability for the arbitration costs and related costs including the costs of enforcement of the arbitration award shall be determined by the arbitrator. However, we shall have the right, at any time, to obtain temporary restraining orders, temporary or preliminary injunctive relief and/or declaratory relief (other than declarations with respect to the amount of monetary damages) from any court of competent jurisdiction.
In reaching his or her decision, the arbitrator shall follow these Terms, 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 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. 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. Any and all claims and actions arising out of or relating to our 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. You agree that you will not file a class action against us or participate in a class action against us and you agree that you will not file or seek a class arbitration, or participate in a class arbitration, against us. If we take any action to enforce these Terms, we will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorneys’ fees and any cost of arbitration and/or litigation, in addition to any other relief, at law or in equity, to which we may be entitled.
Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our stored copy of these Terms in connection with any action or proceeding arising out of, or relating to, these Terms.
Any provisions of these Terms that are reasonably inferable to have been intended to survive termination (including, but not limited to, any provisions regarding limitation of our liability or indemnification) will continue in effect beyond any termination of access to our Sites.
These Terms do not confer any rights, remedies, or benefits upon any person other than yourself.
We may assign our rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without our prior written consent.
Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.
If any provision of these Terms is held to be invalid or unenforceable, that provision will be stricken and will not affect the validity and enforceability of any remaining provisions.
Possible evidence of use of our Sites for illegal purposes will be provided to law enforcement authorities.
Discontinuation of access to and use of our Sites is your sole right and remedy for any dissatisfaction with our Sites or any information