Changes to the agreement
We reserve the right, in our sole discretion, to add to, remove, modify or otherwise change any part of the Agreement in whole or in part, at any time. You should check the Website periodically for changes to the Agreement. Changes will be effective when notice of such change is posted at the Website. If any change is not acceptable, you must discontinue your use of the Website immediately. You agree that your continued use of the Website after any such changes are posted will constitute acceptance by you of such changes. No change to the Agreement that is not posted to the Website by us is valid unless it is in writing and signed by an authorized signing officer of Fairmont.
Changes to the website
Fairmont has developed this Website for the use of guests, prospective guests, travel professionals and others interested in Fairmont hotels and related activities. We may add, modify, correct, terminate, suspend, discontinue, impose limits, restrict your access or otherwise change any aspect of the Website, including the availability of any features and any Submissions or other content or materials, at any time without notice or liability.
Use of the website
You are free to use and download the material posted on this Website for non-commercial purposes, to store it temporarily on a single computer, and to print it solely for your own personal purposes. You agree to abide by all copyright notices, information and restrictions contained in any content on this Website. You also agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your use of the Website. Except as expressly permitted by the Agreement, and as a condition of your use of this Website, you may not, may not attempt to, nor may you allow or encourage, promote or advise others to, directly or indirectly: (i) print, download or otherwise save to any storage device or fix in any medium, any of the Website; (ii) sell, reproduce, produce, display, broadcast, perform, translate, reverse engineer, or, except through any functionality specifically provided by the Website to do so, distribute, transmit, create derivative works, modify or attempt to modify the Website in any way; (iii) use the Website for any commercial purpose; (iv) transfer any downloaded material to any other person; (v) use the Website for any unlawful purpose or in any unlawful manner, or in any manner which is otherwise contrary to or violates any law, regulation or the rights of any third party or that could damage, disable, overburden or impair the Website; (vi) circumvent, disable or interfere with the security of, or otherwise abuse, the Website or any services, system resources, accounts, servers or networks connected to or accessible through the Website or affiliated or linked sites, including any security features or functionality; (vii) disrupt or interfere with any other person's use or enjoyment of the Website or any affiliated or linked sites; (viii) except as permitted by our robots.txt policy or otherwise permitted by us in writing, and solely for the purpose of indexing the then-current Website to create publicly available search functions, use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from the Website; (ix) use another person's user name, password, service, system or other information without that person's and our prior written authorization, create or use a false identity on the Website, impersonate any person or otherwise misrepresent your identity, status, qualifications or affiliations; (x) transmit on, to or from the Website any spam, chain letters, junk mail or any other type of commercial solicitation or unsolicited mass e-mail or messaging; (xi) attempt to obtain unauthorized access to the Website or portions of the Website which you are restricted from accessing; or (xii) collect or harvest information about any other users of the Website. Certain content and functions of this Website may be provided by third parties and governed by separate terms and conditions. You agree to comply with and be bound by such terms and conditions. To the extent additional rights of use may be granted to you under such terms and conditions, nothing herein is intended to derogate from such rights. You must be at least the age of majority to use this Website. We reserve the right, immediately and without prior notice, to suspend or terminate access to the Website. We reserve the right to limit, restrict or decline registration for Website in our sole discretion.
Registration and Registration information
Except as expressly specified in respect of certain third party content and Submissions, this Website and all intellectual property rights therein and thereto is and shall continue to be owned and subject to copyright and other proprietary rights by us and our licensors. You agree to comply with all copyright and other applicable laws worldwide in your use of the Website and to prevent any unauthorized copying or use of the Website. Except as expressly set forth in this Agreement, you have no rights in or to the Website. Where reproduction is expressly permitted, you must retain all copyright and trademark notices and any other proprietary notices relating thereto on any reproduction. Certain names, words, titles, phrases, marks, logos, icons, graphics or designs on the Website constitute trade-names, trade-marks or service marks of Fairmont, its affiliates or its licensors, are protected by law and may not be used, copied, imitated or used (including without limitation use in HTTP headers, meta tags or other non-visible pages, text or code), in whole or in part, without the prior written consent of their respective owners. Any unauthorized downloading, transmission, republication or other copying or modification of this Website, including trademarks, trade names and service marks, may violate federal, common or civil law trade-mark law and copyright law, and may result in legal action. If you believe that any content on this Website may infringe on copyright or other intellectual property rights held by you or a third party, please contact us immediately at firstname.lastname@example.org. We will take steps to investigate and, if appropriate, remedy any such infringement or potential infringement.
Disclaimer of warranties
You acknowledge that any use of or reliance on the Website shall be at your sole risk. We make no representation or warranty of any kind regarding the Website, all of which is provided on an "AS IS", "WHERE IS" and "AS AVAILABLE" basis. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OR CONDITIONS OF WORKMANSHIP, MERCHANTABILITY, SATISFACTORY QUALITY, LATENT DEFECTS, MERCHANTABLE QUALITY, TITLE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE. We do not: (i) guarantee, and make no representation, warranty or condition as to the truthfulness, accuracy, adequacy, reliability, correctness, currency, veracity or completeness of the Website or any portion or functionality thereof; (ii) warrant that the Website will continue to operate, operate without interruptions or that it will be error-free, that defects will be corrected or that it will be free of viruses or other destructive elements; or (iii) endorse any statements or opinions expressed on the Website by third parties, including without limitation other users of the Website or third parties advertising on the Website. We have no obligation to maintain either the availability or the currency of the Website and have no obligation or liability for the Website (including any Submissions) or for any damages to users of the Website, however caused.
Exclusion of liability
YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, MORAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS OR LOSS OF REVENUE) UNDER ANY LEGAL THEORY ARISING OUT OF OR RELATING TO: (A) THE WEBSITE OR THE USE THEREOF OR THE INABILITY TO USE THE WEB SITE IN ANY MANNER WHATSOEVER; OR (B) ANY UNAUTHORIZED ACCESS TO THE WEBSITE OR BREACH OF SECURITY, INCLUDING TO ANY OF YOUR SUBMISSIONS OR YOUR REGISTRATION INFORMATION, EVEN IF WE HAVE BEEN ADVISED OF OR COULD REASONABLY FORESEE THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN ANY EVENT, YOU AGREE THAT OUR AGGREGATE LIABILITY FOR ALL DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO US, IF ANY, FOR THE RIGHT TO ACCESS THE WEBSITE IN THE ONE MONTH PERIOD IMMEDIATELY PRECEDING THE CAUSE OF ACTION. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND, OR ACTION INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY REMEDY. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH CASE SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU, BUT IN WHICH CASE OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to defend, indemnify and hold us harmless from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your actions or omissions, including without limitation your use of the Website, from or relating to any of your Submissions, your violation or infringement of any third party rights, including without limitation any copyright, patent, trade-mark, proprietary, privacy or moral right, or any breach by you of the Agreement.
Links to Third Party Website
You agree that all disputes or disagreements between you and us relating to the Website or Agreement (a "Dispute") will be settled by final and binding arbitration by a single arbitrator pursuant to the provisions of the Arbitration Act, 1991 (Ontario). Judgement upon the award rendered in any such arbitration may be entered in any court having jurisdiction thereof, or application may be made to such court for a judicial acceptance of the award and enforcement, as the law of such jurisdiction may require or allow. The arbitration shall take place in the City of Toronto, Ontario, Canada. There shall be no discovery. The arbitrator shall not limit, expand or modify the terms of this Agreement nor award damages in excess of compensatory damages permitted under this Agreement, and you waive any claim to such excess damages. The arbitrator shall not have the right to award any damages in excess of damages that could lawfully be awarded by a court of competent jurisdiction. The arbitrator shall issue a written decision containing findings and conclusions on all significant issues. Each party shall bear its own expenses and an equal share of all costs and fees of the arbitration. The content and result of any arbitration shall be held in confidence by all participants, each of whom will be bound by an appropriate confidentiality agreement.
Juridiction and Choice of law
The Website is controlled, operated and administered by us from our offices in Canada. We make no representation or warranty that the Website is appropriate or available for use at any locations outside Canada or the United States. If you access the Website from outside Canada or the United States, you are responsible for compliance with all local law. You may not export any of the Website in violation of any applicable export laws and regulations. The Agreement shall be deemed to have been made and performed exclusively in the Province of Ontario and shall be governed by and construed under the laws of Ontario without giving effect to its conflict of laws principles. You hereby submit to the non-exclusive jurisdiction of the courts of Ontario for any claim related hereto, arising herefrom or in connection herewith and agree not to bring any action, claim, suit or proceeding against us in any jurisdiction other than Ontario.
Any legal proceeding by you arising from or in connection with the Agreement or the Website must be brought within two years after the event which is the subject of the proceeding has occurred. If any provision of the Agreement is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity of any remaining provisions. The Agreement constitutes the entire agreement between you and us in respect of its subject matter. You may not assign the Agreement, including by operation of law. We may assign the Agreement in our sole discretion. The Agreement shall enure to the benefit of and be binding upon the respective successors and permitted assigns of the parties hereto. No waiver of any breach of any term or provision of this Agreement is effective or binding unless made in writing and signed by us and, unless otherwise provided, is limited to the specific breach waived.
[Rev. 1.00, September 28, 2009]