Traveler Agreement
THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS PURSUANT TO WHICH THE SEEK GROUP
OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to The Seek Group, LLC’s User Agreement. This Agreement describes the
terms and conditions applicable to your use of our services at BnBSeek.com.
We may amend this Agreement at any time by posting the amended terms on our site. The
amended terms shall automatically be effective 30 days after they are initially posted on
our site. Your continued use of our services after the effective date of any such
amendment will be deemed an acceptance of the amended terms.
- Fees. Using BnBSeek.com’s services as a traveler is free.
- BnBSeek.com is Only a Venue. Our site acts as the venue for innkeepers to promote
their establishment by posting BnBSeek e-Deals, Specials, and other online postings. We
are not involved in the actual transaction between innkeeper and guest. As a result, we
have no control over the quality of accommodations. However, we will plan to establish
BnBRatings.com in order for guests of any property to post any concerns or comments.
Because we do not and cannot be involved the business relationship between innkeepers
and their guests, in the event you have a dispute with an innkeeper or guest, as the case
may be, you release The Seek Group and BnBSeek.com (and our agents and employees) from
claims, demands and damages (actual and consequential) of every kind and nature, known and
unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any
way connected with such disputes, provided that this release shall not apply to disputes
arising among The Seek Group, BnBSeek.com, and innkeepers relating solely to the
processing of fees. If you are a California resident, you waive California Civil Code
§1542, which says: "A general release does not extend to claims which the creditor
does not know or suspect to exist in his favor at the time of executing the release, which
if known by him must have materially affected this settlement with the debtor".
- Privacy. Our then-current privacy policies for travelers, available at http://www.bnbseek.com/privacy.html,
are incorporated herein by reference.
- No Warranty. WE PROVIDE THE BNBSEEK.COM WEB SITE AND OUR SERVICES "AS IS";
AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS
SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- Limit of Liability. IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF
OR IN CONNECTION WITH THIS AGREEMENT.
OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY
CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12
MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.
- General Compliance with Laws. You shall comply with all applicable laws, statutes,
ordinances and regulations regarding your use of our service.
- No Agency. You and The Seek Group are independent contractors, and no agency,
partnership, joint venture, employee-employer or franchisor-franchisee relationship is
intended or created by this Agreement.
- Governing law. This agreement shall be governed by and construed in accordance with
the laws of the state of New York without reference to the conflict of law provisions
thereof other than New York General obligation Law Section 3201.
- Interruption of services. We do not guarantee continuous, uninterrupted or secure
access to our services, and operation of our site may be interfered with by numerous
factors outside of our control.
- Severability. If any provision of this Agreement is held to be invalid or
unenforceable, such provision shall be ineffective to the extent of such invalidity or
unenforceability; provided, however, that the remaining provisions will continue in full
force without being impaired or invalidated in any way.
|
