TERMS AND CONDITIONS OF USE

IMPORTANT! Before proceeding, you should read and become familiar with these Terms and Conditions ("Terms and Conditions") which govern your (the "User" or "You") use of the Travelhost.com Web Site (the "Web Site") provided by TRAVELHOST, Inc. (the "Company"). These Terms and Conditions are subject to change by the Company at any time in its discretion. Your use of the Web Site after such changes are implemented constitutes your acceptance of the changes. Please consult these terms and conditions regularly.

1. Permitted Use, Licenses, and Site Access.

User has a nonexclusive, nontransferable, limited, and revocable right to use the Web Site solely for User's personal educational, informational, and entertainment use. User will not use the Web Site for any other purpose, including any commercial purpose, without the Company's express prior written consent. The limited license granted does not include any resale or commercial use of the Web Site or any of the content accessible through use of the Web Site ("Content"); any derivative use of the Web Site or its Content; any downloading or copying of any Content for commercial use; or any use of data mining, robots, or similar data gathering and extraction tools. No portion of the Web Site shall be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of the Company. 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 the Company without express written consent. You may not use any meta tags or any other "hidden text" utilizing Company's name or trademarks without the express written consent of the Company. Any unauthorized use terminates the permission or license granted by the Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Travelhost.com so long as the link does not portray the Company, or its products or services, in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Company logo or other proprietary graphic or trademark as part of the link without express written permission.

2. Proprietary Information.

User acknowledges and agrees that the content accessible within the Web Site is the proprietary information of the Company and its content providers, and the Company and its content providers retain all right, title, and interest in the Content. Accordingly, User will not reproduce, transmit, publish or distribute such Content to any third party without the express written consent of the Company or the applicable content provider except that User may print out a copy of Content solely for User's personal use. In doing so, User will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.

3. Electronic Communications.

When you visit the Web Site or send e-mails to the Company, you are communicating with us electronically. You consent to receive communications from the Company electronically. The Company will communicate with you by e-mail or by posting notices on this Web Site. You agree that all agreements, notices, disclosures and other communications that the Company provides to you electronically satisfy any legal requirements that such communications be in writing.

4. Comments, Communications, and Content Submission.

Users may post certain reviews, comments, photos, and other content; send e-mails and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any communication or content. The Company reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit materials or information, unless we indicate otherwise, you grant to the Company and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant the Company and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify the Company and its affiliates for all claims resulting from content you supply. The Company has the right but not the obligation to monitor and edit or remove any activity or content. The Company takes no responsibility and assumes no liability for any content posted by you or any third party.

5. Links to Other Sites.

The Web Site contains links to third-party web sites. The linked sites are not under the control of the Company, and the Company is not responsible for the contents of any linked site or any link contained in a linked site. The Company is providing links only as a convenience, and the inclusion of a link does not imply endorsement of the linked site by the Company or its affiliates.

6. Copyright.

All Content included on this Web Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and protected by United States and international copyright laws. The compilation of all Content on this site is the exclusive property of the Company and protected by United States and international copyright laws. All software used on this Web Site is the property of the Company or its software suppliers and protected by United States and international copyright laws.

7. Claims of Copyright Infringement.

If you believe in good faith that materials appearing on this Web Site infringe your copyright, you (or your agent) may send us a written notice that includes the following information:

  1. A clear identification of the copyrighted work you claim was infringed.
  2. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Web Site, such as a link to the infringing material.
  3. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
  4. A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."
  5. A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
  6. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

* Notices with respect to this Web Site should be sent to: Travelhost.com, Attn: IP/Trademark Counsel, 10701 N. Stemmons Frwy, Dallas, TX 75220

We will review and address all notices that comply with the requirements above.

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that you may be liable for damages if you make a false claim of copyright infringement.

8. Trademarks.

TRAVELHOST, TRAVELHOST MAGAZINE, TRAVELHOST EZ-FOLD MAP, TRAVELHOST DIGEST, MY TRAVELHOST, TH, TH and DESIGN, CONDO CONCIERGE, OCEAN FRONT LIVING, CLUBHOUSE LIVING, MARINE CONCIERGE, HAPPY CAMPER, TRAVELHOST OF ____________ [SPECIFIED DESTINATION], TRAVELHOST TRAVEL REGISTRY, TRAVELHOST AGENDA BUILDER, TRAVELHOST UNIVERSITY, and other Travelhost.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of the Company in the United States and/or other countries. The Company's trademarks and trade dress may not be used in connection with any other person or entity's product, service or business, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.

9. Content Accuracy.

The Company and its affiliates attempt to be as accurate as possible with respect to the Content of the Web Site, including the accuracy of information contained on the Web Site relating to service and product providers, local destination information, and miscellaneous other travel-related information. However, the Company must, by necessity, rely upon information obtained from and/or supplied by third parties, and the Company and its affiliates cannot and do not represent or warrant that such information is accurate, complete, reliable, current, or error-free.

10. Disclaimer of Warranties and Limitation of Liability.

THIS WEB SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEB SITE (INCLUDING ANY OTHER SITES "HOT-LINKED" TO THIS WEB SITE) ARE PROVIDED BY COMPANY AND ITS AFFILIATES ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEB SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEB SITE (OR THROUGH ANY "HOT-LINKED" SITES), UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY AND ITS AFFILIATES DO NOT WARRANT THAT THIS WEB SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE (INCLUDING "HOT-LINKED" SITES); THE COMPANY'S SERVERS; OR E-MAIL SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEB SITE OR "HOT-LINKED" SITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

11. Applicable Law, Venue, and Jurisdiction.

By visiting Travelhost.com, you agree that the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute of any kind that might arise between you and the Company. You further agree that any dispute relating to your visit to Travelhost.com shall be adjudicated in any state or federal court located in Dallas County, Texas, and you consent to exclusive jurisdiction and venue in such courts.

12. How to Contact Us

Should you have any questions or concerns about these terms and conditions of use, please Contact us....