TERMS - USer agreement

Construction Lodging, LLC is a company of seasoned hotel management personnel and technological talent offering your company hassle free lodging accommodations that suit your requirements at any destination in the world at reasonable prices.

Your retention of Construction Lodging, LLC and your use of the website http://construction-lodging.com. is governed by this User Agreement.

1. Introduction.

Construction Lodging, LLC doing business as construction - lodging.com is owned by World Wide Travel Marketing and Travelogistics ®, Inc. Construction Lodging, LLC, (individually and as the website "CONSTRUCTION-LODGING.COM) is hereinafter referred to as "Provider.

This User Agreement ("Agreement) governs the use of this web site, http://construction-lodging.com ("CONSTRUCTION-LODGING.COM or the "Web Site). Please read this Agreement carefully. It is a legally binding contract. Your use of this Web site, even your transient use, will constitute your acceptance without modification as to the terms, conditions, and notices set forth in this Agreement. If you do not agree with the terms, conditions, and notices contained in this Agreement, please leave this Web Site immediately. In addition, your use of this Web Site, even your transient use, constitutes your agreement to comply with, and your acceptance of, our Privacy Policy, which is incorporated by reference.

Provider maintains this Web Site to give resources and information to the user, and to allow user to make reservations for hotel and motel accommodations and to obtain various other travel products. Information on this Web Site may contain technical inaccuracies and typographical errors. Information on this Web Site may not be suitable for your intended purposes. Information may be changed or updated without notice. Provider may also make improvements and/or changes in the products and/or the programs described in this Web Site at any time without notice. Your use of this Web Site is strictly at your own risk.

Provider grants user a limited, revocable, non-transferable, non-sub-licensable, license for his or her personal, non-commercial use of this Web Site. You in turn agree to use this Web Site on the terms and conditions as stated herein and only for the purpose of obtaining legitimate travel reservations and only for legal purposes.

2. Member Conditions.

1. Age Limitation. Web Site is intended solely for access and use by individuals 18 years of age and older. By accessing and using this Web Site, you are certifying that you are at least 18 years of age.
2. Communications. From time to time, we will send you communications, in keeping with our Privacy Policy and as otherwise permitted in this Agreement. Please note that any number of issues may interfere with your receipt of such communications, including, without limit, some types of e-mail systems that may use filtering or blocking techniques that are intended to block e-mail. Provider is not responsible for the actual delivery or your actual receipt of these communications.

3. Third Parties.

1. Third-Party Offers. We may allow other companies to offer you products and services, including offers through our Web Site or via e-mail. Whether or not you decide to participate in such an offer is up to you. Your participation in any of these offers, including payment and delivery of related goods or services and the terms, conditions, warranties or representations associated with such offers, is solely between you and the third-party company. You agree that Provider shall not be liable for any costs or damages you may incur resulting from your decision to enter such transactions.
   
   Provider may charge a fee for its services provided through this Web Site. If applicable, you may be charged a fee when you purchase, book, or reserve hotel or motel reservations or various other travel services through this Web Site. Any such service fee is nonrefundable. Furthermore, if applicable, you will be solely responsible for any governmental charges, fees, duties, taxes, or assessments arising incident to your use of this Web Site or when you purchase, book, or reserve hotel or motel reservations or various other travel services through this Web Site.
   
   For more information on fees, taxes, and other incidental charges, please see the web sites of the third party vendors and Web Site affiliates identified on this Web Site.
2. Linking to or from Our Web Site. You cannot link to our Web Site without our prior written consent. While our Web Site may have links to the web sites of other companies and parties, Provider has no control over those web sites. Provider is not responsible or liable for any content, advertising, products, services or other materials on or available from those web sites. Provider is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, advertising, products, services or other materials on those web sites.

4. Copyrights and Trademarks.

1. Copyrights. All content included in this Web Site, such as the text, graphics, logos, icons, images, and software, is the property of Provider or its content suppliers of web site developers and protected by United States and international copyright laws. Any use, including reproduction, modification, distribution, transmission, republication, display, or performance of the content of this Web Site without prior written consent of Provider, its content suppliers or developers is strictly prohibited.
2. Trademarks. Any trademarks used on this Web Site are registered trademarks of Provider in the United States or used with permission of the Affiliate or registered owner of the trademark. Any other marks, graphics, logos and service names used herein are trademarks of Provider and protected by applicable state and federal law. Provider's trademarks may not be used in connection with any other product or service in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Provider in violation of the Lanham Act or any state's trademark and/or unfair trade practices law.
3. Infringement Policy. In compliance with the Digital Millennium Copyright Act ("DMCA), Provider has established the procedure outlined below to address alleged copyright infringement on the Web Site. If you believe that your work has been copied and has been posted to this Web Site in a way that constitutes copyright infringement, you may provide Provider with notice of your complaint by providing Provider's Designated Copyright Agent with the following information in writing:
1. the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
2. identification of the copyrighted work that you claim has been infringed;
3. identification of the material that is claimed to be infringing, with information about its location reasonably specific to permit Provider to locate the material;
4. your name, address, telephone number, and e-mail address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. a statement, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

To be effective, your notification must be in writing and include the above information. Provider's designated Copyrighted Agent to receive your notification is:
Intellectual Property Manager
Construction Lodging, LLC
80 Peachtree Park Drive
Atlanta, Georgia 30309
404 281-4636 Telephone
infringement@CONSTRUCTION-LODGING.COM

Provider, in its sole discretion, reserves the right to refuse additional content from members who have posted allegedly infringing material, and/or delete the material, or to terminate such members' accounts.

After receiving a notification, Provider will process and investigate the notification and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of a notification that complies or substantially complies with the DMCA (as set forth above), Provider will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Provider will promptly take reasonable steps to notify the member that is the subject of the notification that it has removed or disabled access to such material.

If you are subject to a notification, you may provide us with a counter notification by providing our Designated Copyright Agent the following information in writing:

1. your physical or electronic signature; identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
2. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
3. your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Provider may be found and that you will accept service of process from the person who provided the initial notification of alleged infringement.
Upon receipt of a proper counter notification under the DMCA (as set forth above), Provider will promptly provide the person who provided that initial notification with a copy of the counter notification and inform that person that it will replace the removed material or cease disabling access to it in ten (10) business days (subject to the rights of Provider as stated in 2. Members Registration and Conditions d. Site Postings). Additionally, Provider will replace the removed material and cease disabling access to it not less than ten (10), nor more than fourteen (14) business days following receipt of the counter notice, unless Provider's Designated Copyright Agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Web Site.

5. Legal Issues.

1. Disclaimer of Warranties. Provider provides the information on this Web Site "as is and on an "as available basis, and the Provider and its heirs, successors, assigns and affiliates hereby expressly disclaim any and all warranties, express or implied, including, but not limited to, any warranties of accuracy, reliability, title, merchantability, fitness for a particular purpose, non-infringement, or any other guarantee or representation, whether oral, written, or in electronic form, including, but not limited to, the accuracy or completeness of any information contained therein or provided by Provider.
   
   EXCEPT AS TO THOSE WARRANTIES IMPIED IN LAW OR OTHERWISE INCAPABLE OF EXCLUSION, AND WHICH ARE APPLICABLE TO THESE TERMS AND CONDITIONS, PROVIDER EXPRESSLY DISCLAIMS ANY AND ALL THOSE WARRANTIES WHICH IT MAY DISCLAIM, AS SET OUT ABOVE.
   
   USER EXPRESSLY ACKNOWLEDGES THAT THIS WEB SITE MAY CONTAIN INACCURATE INFORMATION AND TYPOGRAPHICAL ERRORS WHICH MAY ALTER OR INCREASE THE COST OF USER'S HOTEL OR MOTEL RESERVATIONS OR OTHER TRAVEL PRODUCT. PROVIDER DOES NOT GUARANTEE THE ACCURACY OF ANY INFORMATION OBTAINED BY USER THROUGH THE USE OF THIS WEB SITE. PROVIDER EXPRESSLY DISCLAIMS ALL LIABILITY FOR DAMAGES SUSTAINED BY USER DUE TO INACCURATE INFORMATION.
   
   USER EXPRESSLY ACKNOWLEDGES THAT THIS WEB SITE MAY CONTAIN INFORMATION ABOUT HOTEL OR MOTEL RESERVATIONS OR OTHER TRAVEL PRODUCTS, WHICH MAY NOT BE SUITABLE FOR USER'S INTENDED PURPOSES. THE PRESENCE OF ANY SUCH TRAVEL INFORMATION ON THIS WEB SITE DOES NOT CONSTITUTE AN ENDORCEMENT BY PROVIDER OF SUCH TRAVEL INFORMATION. PROVIDER EXPRESSLY DISCLAIMS ALL LIABILITY FOR DAMAGES SUSTAINED BY USER DUE TO INFORMATION UNSUITABLE FOR USER'S INTENDED PURPOSES.
   
   USER EXPRESSLY ACKNOWLEDGES THAT THE VARIOUS THIRD PARTIES SUPPLYING TRAVEL SERVICES THROUGH THIS WEB SITE ARE INDEPENDENT CONTRACTORS AND ARE NOT UNDER THE CONTROL OR DIRECTION OF PROVIDER.
   
2. Limitation of Liability. Provider shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses allegedly resulting from the use or the inability to use the Web Site, the cost of procurement, of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Web Site, unauthorized access to or alteration of your transmissions or data, defamatory, offensive or illegal conduct of third parties, or any other cause of action relating to the use of the Web Site. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply.
3. Indemnification. You shall indemnify and hold harmless, and at Provider's request defend, Provider, its parents, subsidiaries, and affiliates, as well as their respective directors, officers, shareholders, employees, attorneys, agents and owners (each, an "Indemnified Party") from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees, an allocation for in-house counsel, and other legal costs) arising out of your acts or omissions, including claims resulting from your use of the Web Site, your submission, posting or transmission of information or content, or any breach of your obligations set forth in this agreement. You shall reimburse each Indemnified Party on demand for any costs, expenses and liabilities incurred by such Indemnified Party to which this indemnity relates.
4. Choice of Law and Venue. The Terms of Use, your access and use of the Web Site and services and the relationship between you and Provider is governed by the laws of the State of Georgia, without giving effect to its conflict of law provisions. Provider and you both agree to submit to the personal and exclusive jurisdiction of the courts of the State of Georgia. You are responsible for complying with local laws, if and to the extent local laws are applicable. Notwithstanding the foregoing, Provider shall have the right to commence and prosecute any legal or equitable action or proceeding before any United States or non-United States court of competent jurisdiction to obtain injunctive or other relief in Provider's sole discretion. Regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Web Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
5. Arbitration. Any and all disputes, claims and controversies arising from the terms of this Agreement or a breach of this Agreement shall be referred to arbitration in the city of Provider's principal place of business under rules of the American Arbitration Association. Arbitration hereunder shall be the parties' exclusive remedy. The award, if any, shall be final and enforceable and may be confirmed by the judgment of a court of competent jurisdiction.
6. Merger Clause. This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, whether written or oral, between the Provider and the user. The Agreement may be modified by Provider at any time. If Provider revises this Agreement, it will provide notice on this page. Continued use of the service after such revisions will constitute acceptance of the revised Agreement by the user.
7. Severability. If any provision of these Terms is found to be unlawful, void or unenforceable, then that provision shall be severed from the remaining provisions and shall not affect the validity and enforceability of those remaining provisions.
8. Relationship. The relationship between you and CONSTRUCTION-LODGING.COM is that of independent contractors. Neither of us, nor our officers, employees, or agents, shall be deemed to be in a partnership, joint venture, agency relationship, fiduciary relationship, or employment relationship with respect to the other.
9. National Security and Travel Security. Provider reserves the right to comply with law enforcement requests and/or requirements for information concerning your use of this Web Site and the information gathered from your use of this Web Site.

6. Foreign Travel.

We hope that your travel, both inside the United States and abroad, is without incident. Although most travel, including travel to foreign destinations, is completed without incident, travel to some destinations involves a great risk to personal safety than to other locations. Provider urges you to obtain information about the risks of traveling to certain foreign destinations. The United States government issues travel prohibitions, warnings, announcements, and advisories for certain foreign destinations. Information concerning the local conditions and risks of traveling in certain foreign destinations may be found at the following web sites: www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.

PROVIDER DOES NOT WARRANT OR ENDORSE TRAVEL TO ANY SPECIFIC DESTINATION, FOREIGN OR DOMESTIC. PROVIDER MAKES NO REPRESENTATIONS AS TO THE RELATIVE RISKS OF TRAVELING TO ANY SPECIFIC DESTINATION. PROVIDER IS NOT LIABLE FOR ANY DAMAGES YOU SUSTAIN INCIDENT TO YOUR CHOOSING TO TRAVEL TO ANY SPECIFIC DESTINATION.

© 2007 Construction Lodging, LLC