Website Terms, Conditions and Notices
Terms Used in This Agreement
This agreement contains the terms and conditions that apply to your purchase of services ("Services")from HotelMart LLC("Company"). This Website, "www.iconnecthotels.com" is provided solely to assist customers ("Guests") in purchasing the following services: gathering bids and/or information about planning an event(s), determining the availability of event-planning goods, products and/or services, (including but not limited to hotel rooms, banquet facilities, and catering), making legitimate reservations or otherwise transacting business with event suppliers and/or vendors ("Members"), and for no other purposes. The terms "we," "us," "our" and "HotelMart LLC" refers to HotelMart LLC., a New Jersey corporation. The term "you" refers to the customer or Guest visiting the Website and/or requesting a bid or reservation through us on this Website from our Members.
This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Agreement"). By accessing or using this Website in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this Website.
Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right, at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement. They contain very important information about your rights and obligations, as well as limitations and exclusions that may apply to you. This agreement was last revised on September 20, 2013.
Use of the website
As a condition of your use of this Website, you warrant that (i) you are at least 18 years of age; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use this Website in accordance with this Agreement; (iv) you will only use this Website to request bids on legitimate reservations, or otherwise transacting business for you or for another person for whom you are legally authorized to act; (v) you will inform such other persons about the terms and conditions that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto; (vi) all information supplied by you on this Website is true, accurate, current and complete, and (vii) if you have an iconnecthotels.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
The content and information obtained by requesting bids on this Website (including, but not limited to, price and availability of event planning services), as well as the infrastructure used to provide such content and information, is proprietary to us or our Members, Affiliated Members, partners and providers. While you may make limited copies of your event planning documents (and related documents) for event planning or services bid upon through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
(i) Use this Website or its contents for any commercial purpose;
(ii) Make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
(iii) Access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
(iv) Violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
(v) Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
(vi) Deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
(vii) Frame," "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.
Supplier Rule and Restrictions
Additional terms and conditions will apply to your reservation and purchase of event planning goods and services, including but not limited to hotel rooms, banquet facilities and catering, that you select. Please read these additional terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any Member or Affiliated Member with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the Members' or Affiliated Members' rules and restrictions regarding availability and use of rates, goods, products and/or services. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such Members' rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable event planning product or services, in your forfeiting any monies paid for such reservation(s), and/or in the Member's Affiliated Member's and 'iconnecthotels.com' debiting of your account for any costs incurred as a result of such violation.
Delivery of Service and Title
In transactions involving the sale of goods and/or products, Member will arrange the date and timing of the delivery of products and/or goods to your address using a carrier of Member's choice, in the Members' sole and absolute discretion. Title to the goods and services passes to you upon delivery to the carrier and risk of loss passes to you upon delivery to your address. We do not provide insurance on the goods and/or products during delivery. The Member will inform you of estimated shipment dates, but will not be responsible for delays in delivery due to events beyond its control, including shortage of materials, labor strikes, transportation failure, or acts of God.
Price and Payment Terms
Your price for the goods, products, and/or services that you are bidding on will be stated on your bid, and you shall also receive a confirmation of your bids by way of e-mail to the address you indicate during the registration process. Terms of payment are within Member's sole discretion, and unless otherwise specifically agreed to by Member, payment must be received by Member prior to Member's acceptance of an order. Payment for the goods, products and/or services must be made by credit card (Visa, MasterCard or American Express) debit card (issued by Visa or MasterCard), money order, certified check or some other prearranged payment method directly to the Member. Bids are not binding upon the Member until accepted by Guest. Any price quotations given by Member will be valid for the period stated on the bid, with the exception that Member reserves the right to reject any sale for any reason, including for a misprint in the price quotation or advertisement. Prices advertised do not include shipping and handling or applicable sales taxes, which will be added to the price you pay, unless you provide Member with a valid and correct tax exemption certificate applicable to the service location prior to Member's offering of the bid.
Logon and Password
After registering on the Site, iconnecthotels.com will send you a unique logon and password to the email address designated by you during the registration process. Your logon and password will allow you to participate in the gathering of bids for goods, products and/or services to the extent allowed by each respective Member. You are solely responsible for your logon and password and the attendant transaction(s) related to the use of your logon and password. You may request revocation of your logon and password by sending us notification by email. Logons and passwords will be cancelled by 5:00 p.m. EST on the next business day following receipt of such notice. You are solely responsible for your logons and passwords.
In transactions involving the sale of goods and/or products, many states and localities have codes and regulations governing sales, construction, installation, and/or use of goods, products and/or services for certain purposes, which may vary from those in neighboring areas. While iconnecthotels.com and its Members will attempt to assure that the goods, products and/or services comply with such codes, iconnecthotels.com and its Members cannot guarantee compliance, and cannot be responsible for how the goods, products and/or services are installed or used. Before purchase and use of goods, products and/or services, please review the applicable national and local codes and regulations, to be sure that the goods, products and/or services, installation and use will comply with them.
Limited Warranty and Disclaimer
You agree that use of the goods, products and/or services is at your sole risk. The goods, products and/or services are provided on an "as is" and "as available" basis, and iconnecthotels.com and its Members and Affiliated Members (including, without limitation, its independent consultants, subcontractors, distributors, or any client of iconnecthotels.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any of your communications, data, or personalization settings. iconnecthotels.com and its Members and Affiliated Members hereby disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, quiet enjoyment, title, merchantability of computer programs and informational content. Neither iconnecthotels.com nor any Members or Affiliated Members make any warranty that the goods, products and/or services will meet your requirements, or that the goods, products, and/or services will be uninterrupted, timely, secure, error or virus free; nor does iconnecthotels.com make any warranty as to the results that may be obtained from the use of the goods, products, and/or services or as to the accuracy or reliability of any information obtained through the goods, products and/or services or that defects in the software driving the goods, products and/or services will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the goods, products, and/or services is done at your own discretion and risk and that you will be solely responsible for any damage to a computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by you through the website shall create any warranty not expressly made herein. iconnecthotels.com is not liable for the for the acts, errors, omissions, representations, warranties, breaches, or negligence of any Members or Affiliated Members or for any personal injuries, death, property damage, or other damages or expenses resulting from the bids sought throughiconnecthotels.com. iconnecthotels.com and its Members and Affiliated Members have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure, or other causes, including acts of God or acts of terrorism, beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority. In no event shall iconnecthotels.com and its Members, Affiliated Members and their respective suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this website or with the delay or inability to access, display of or use of this website or with the delay or inability to access, display or use this website (including, but not limited to your reliance upon opinions appearing on this website, any computer viruses, information, software, linked sites, products, and services obtained through this website, or otherwise arising out of the access to, display of or use of this website) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if iconnecthotels.com has been advised of the such damages. If, despite the limitations above, iconnecthotels.com, its Members, Affiliated Members and their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of iconnecthotels.com will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to iconnecthotels.com in connection with such transaction(s) on this Website, or (b) One-Hundred Dollars (US $100.00). The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of iconnecthotels.com.
Limitation of Liability
Neither iconnecthotels.com, nor its Members, its Affiliated Members, its parents, subsidiaries, affiliates, officers and/or employees shall be liable for any indirect, incidental, special or consequential damages, resulting from or concerning the use or the inability to use the products, goods and/or services or your failure to comply with this Agreement, including but not limited to, damages for loss of profits, use, data or other intangibles, even if advised of the possibility of such damages. Your sole and exclusive remedy under this Agreement is to discontinue the use of the goods, products and/or services. The liability of any party under this Agreement shall be cumulative and not per incident.
Iconnecthotels.com provides basic support options for the goods, products and/or services via electronic mail. We recommend that before contacting customer support, you go to iConnect Hotels site on the Internet (http://www.iconnecthotels.com). It is likely that you can find answers to most, or all, of your questions there. Customer Support. You may contact 732 - 738 - ICH7 (4247) or email your questions to firstname.lastname@example.org.
This Agreement sets forth the entire agreement of the parties with respect to the subject matter hereof. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for goods, products and/or service(s) and support that are subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and iconnecthotels.com. iconnecthotels.com may revise this Agreement at any time without notice by updating this posting, and said revisions shall be effective immediately upon posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the then current terms and conditions of which you are bound.
The Guest shall not assign any order or any interest therein without the prior written consent of iconnecthotels.com. Any actual or attempted assignment without iconnecthotels.com' prior written consent shall entitle iconnecthotels.com to cancel such order upon notice to Guest. This Agreement may be assigned in whole or in part by iconnecthotels.com.
Waiver, Choice of Law and Venue
The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent nonperformance of any such term or condition by the other party. All transactions shall be governed by the laws of the State of New Jersey, excluding conflict of law rules, and venue shall be in New Jersey. For any dispute arising under this Agreement, you hereby waive your right to a trial by jury; you hereby waive your right to sue only except on an individual basis; and you waive your right to bring any putative or certified class action.
International Orders; Not For Resale
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from.
If any provision of these terms and conditions shall be ruled unenforceable, then the remainder shall be enforced to the extent permissible.
Unless otherwise provided herein, notices given to iconnecthotels.com by you will be given by e-mail or by conventional mail to HotelMart LLC. at 1050 King Georges Post Rd, Fords, NJ - 08863. Notices will be sent to the e-mail address or mailing address you provide to iconnecthotels.com as part of the registration process, or to updated addresses which you provide to iconnecthotels.com via notice consistent with this paragraph. Notices given by you to iconnecthotels.com must be given by e-mail to email@example.com or such updated address and number as iconnecthotels.com may provide you consistently with this notice provision. Notwithstanding anything herein to the contrary, it is your sole responsibility to update your address for notices hereunder, and notice sent to the e-mail or conventional mailing address last provided by you to iconnecthotels.com shall be valid and binding on you regardless of whether such address has been changed, canceled, has expired, has been terminated, or otherwise becomes inoperative.