1. LICENSE AGREEMENT
Brandwood Hotel, Inc. ("Brandwood Hotel") grants you a non-exclusive,
non-transferable license to use the Street Wizard images and information
(the "Reservation") provided on this web site for your own personal or
internal business use, subject to the following terms and conditions.
If you do not agree with any of these terms or conditions, do not
use this web site. All rights not specifically granted under this
license are reserved by Brandwood Hotel, Inc.
2. RESTRICTIONS
You shall not disassemble, decompile, reverse engineer, modify or
make derivative works of the Product. You shall not sublicense, lease,
rent, sell, transfer or assign the Reservation. You shall not alter, remove
or obscure and copyright notices or trademarks contained in the Reservation.
You may not use Reservation for emergency routing purposes.
3. LIMITED WARRANTY
Brandwood Hotel MAKES NO WARRANTY OF ANY KIND AND YOU AGREE
TO USE THE Reservation AT YOUR OWN RISK. THE Reservation AND ALL INFORMATION
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
NON-INFRINGEMENT, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. ANY PROVISION(S) OF THIS WARRANTY THAT ARE
PROHIBITED BY YOUR FEDERAL, STATE OR LOCAL LAW DO NOT APPLY TO YOU.
4. LIMITED LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN,
IN NO EVENT SHALL Brandwood Hotel OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES
OR AGENTS BE LIABLE TO LICENSEE OR ITS AFFILIATES OR ANY OF THEIR
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR USERS FOR LOST
PROFITS, LOST REVENUES OR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE
OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER. USER AGREES THAT IN
NO EVENT SHALL Brandwood Hotel'S LIABILITY EXCEED $100.00. THE ABOVE LIMITATIONS
SHALL APPLY TO ALL CLAIMS WHETHER ARISING FROM BREACH OF WARRANTY,
CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, INFRINGEMENT DEFENSE,
STRICT LIABILITY, OR OTHERWISE, EVEN IF Brandwood Hotel HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. NO LEGAL ACTION MAY BE BROUGHT IN
CONNECTION WITH THIS AGREEMENT, THE Reservation, OR ANY PERFORMANCE OR
NONPERFORMANCE HEREUNDER, MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION
HAS ACCRUED. ANY PROVISION(S) OF THIS LIMITED LIABILITY THAT ARE PROHIBITED
BY YOUR FEDERAL, STATE OR LOCAL LAW DO NOT APPLY TO YOU.
5. MISCELLANEOUS
This Agreement constitutes the entire agreement of the parties and
any waivers or changes can only be made in writing. If any provision
of this Agreement is held invalid or unenforceable, the remaining
provisions of this Agreement will remain in effect. You may not assign
any part of this Agreement without Brandwood Hotel's prior written consent.
You agree to defend and indemnify Brandwood Hotel and its licensors, including
all officers, directors, employees, shareholders and agents, from
and against any liability, demand, cause of action or claim of any
kind, including without limitation attorney's fee, arising from or
connected to your use of the Reservation. You shall pay any taxes on the
Reservation or transactions, except for those based on Brandwood Hotel's annual
net income. This site contains links to other web sites as a convenience
to you. Brandwood Hotel makes no endorsement of, nor is it not responsible for,
the content of any other web site. Brandwood Hotel reserves the right to modify
or discontinue the Reservation at any time without notice. This license
is governed by the laws of the state of California. Any notice under
this Agreement shall be delivered by certified mail, return receipt
requested to Brandwood Hotel, Inc. 12686 Monterey Cypress,
San Diego, CA 92130.
6. U.S. GOVERNMENT RESTRICTED RIGHTS.
This Reservation is provided with RESTRICTED RIGHTS as that term is defined
in clause 252.227-7013(c)(1) and (c)(2) of the
DFARS. The Hotel is Brandwood Hotel, Inc., 339
1/2 N. Brand Blvd., Glendale, CA 91203.
Copyright © 2004 Brandwood Hotel, Inc. All rights reserved.
