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Terms of Use

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Acceptance of Terms

Buchanhotel.com and Secure.buchanhotel.com (these "Sites") are information resource web sites operated by The Buchan Hotel ("TBH" or "We"). You may only use these Sites on the terms contained in this Legal Notice (these "Terms"). If you do not agree to these Terms, you should exit these Sites immediately. By continuing to access or use these Sites, you are expressing that you agree with TBH that you are bound by these Terms.

Personal Use Only

These Sites' information, services, and content are made available for your personal, non-commercial use only. You may not use these Sites' services or information to sell a product or service. You may not take the information from these Site's and reformat and display them, or mirror the Sites' content on your website.

Trademarks

Buchanhotel.com and Secure.buchanhotel.com, its websites, and other graphics, logos, and service names used on these Sites are the trademarks of TBH. All other brands and names (including third-party product names) are the property of their respective owners. All content in these Sites are protected by copyrights, trademarks, or other intellectual property rights. Accordingly, no material from these Sites may be copied, reproduced, republished, uploaded, posted, transmitted, commercialized or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, or small business use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of our Intellectual Property rights. Except for those third party materials as designated, all rights, title and interest in and to the materials on these Sites (including but not limited to all copyrights, trademarks, service marks, trade names and all derivative works) are owned or controlled by and shall remain at all time vested in TBH.

Disclaimer and Waiver of Liability

UNDER NO CIRCUMSTANCES SHALL TBH BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THESE SITES.

You expressly agree that use of these Sites is at your sole risk. TBH shall not be liable for any damages allegedly sustained arising out of the use of these Sites or our services, and including any consequential, special, or similar damages, even if advised of the possibility of such damages. TBH does not warrant that these Sites will be uninterrupted or error-free, nor do We make any warranty as to the results that may be obtained from the use of these Sites, or as to the accuracy, reliability, or currency of these Sites or any information, Content, User Content, materials, services or products provided through TBH or these Sites.

THESE SITES ARE PROVIDED BY TBH ON AN "AS IS" AND "AS AVAILABLE" BASIS. TBH AND ITS AFFILIATES MAKE NO CONDITIONS, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THESE SITES, THE INFORMATION, CONTENT, IDEAS, INSTRUCTIONS, USER CONTENT, MATERIALS, SERVICES OR PRODUCTS INCLUDED ON THESE SITES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TBH AND THE SITES DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TBH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THESE SITES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. CONTENT IS INTENDED FOR GENERAL INFORMATION PURPOSES ONLY, AND YOU ARE URGED TO VALIDATE AND CONFIRM THE INFORMATION PROVIDED IN THE SITES THROUGH ALTERNATIVE SOURCES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY TBH SHALL CREATE A CONDITION, REPRESENTATION OR WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

Under no circumstances shall TBH be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use these Sites, including but not limited to reliance by you on any information obtained from these Sites or that results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to TBH's records, programs, or services. You hereby acknowledge that this paragraph shall apply to these Sites, all Content, User Content, materials, products and services available through Buchanhotel.com and Secure.buchanhotel.com or these Sites. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law.

Content in these Sites are not a solicitation or recommendation to purchase any services of any organization unless otherwise noted.

Security

We value your privacy, and we do everything within our reach to keep any information you supply private and secure. We take technical, contractual and administrative steps to protect against the loss, misuse, alteration of information, and to prevent unauthorized access to or disclosure of member and site information. However, TBH is not responsible for security breaches by Third Parties, which we could not have prevented by reasonable security measures. Such breaches include: hacking, viruses, data tracking and data capture undertaken without TBH's permission, and other security breaches. At no time, shall users' information be disclosed to any third party, for any commercial reasons unless prior authorization is obtained from you or we are required to do so by law.

Third Party Websites

For your convenience, we provide links to third party websites. These links will take you outside the Sites. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We are also not responsible for the availability of such sites or third party resources, nor do we endorse any particular content, or advertising, product, or other materials available on such third party sites. It is your responsibility to verify any information contained within linked sites before relying on it. Also, the information contained in the links may be changed or updated at any time without notice. Linked sites may have their own terms and conditions, which you should locate and review.

Changes in Terms and Conditions

We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Use from time to time without notice. Please review these Terms of Use from time to time so that you will be apprised of any changes.

General Terms

The Sites are being operated from within Canada. We make no representation that the Content in the Sites are appropriate or available for use in other locations, and access to them from territories where their content or service is illegal is prohibited. Those who choose to access the Sites from other locations do so on their own risk and are responsible for compliance with applicable laws. Any claim relating to the Sites, the services provided by TBH shall be governed by the laws of the province of British Columbia, and any disputes arising out of our services shall be submitted for binding arbitration in the province of British Columbia. If any provision of this Agreement is held to be illegal or unenforceable, then such section shall be eliminated or limited to the minimum extent necessary and the remainder (including any revised portion of the agreement) shall remain and have full force and effect.

These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by TBH.


Last Updated: September 31, 2009
1906 Haro Street · Vancouver, British Columbia V6G 1H7 · Canada · Map & Directions · Phone: 1-800-668-6654
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