Terms of Service
(Last Updated May 17, 2018)
Convention Management Resources, Inc. ("CMR", "us", "our", or "we"), a California corporation provides and maintains a Web site (the "Site") and a sophisticated suite of proprietary web-based housing, lead retrieval and registration solutions ("Web Solutions") which allows the management of event housing and registration needs as one integrated process (the "Event Housing and Registration Process"). The Site, the Web Solutions, and the Event Housing, Lead Retrieval and Registration Process are referred to herein collectively as the "CMR Services". The use of the CMR Services is provided under the terms of service set forth below (the "Terms of Service") and applicable laws and regulations.
Please read the following information carefully before accessing the CMR Services:
ACCEPTANCE OF TERMS
As a user ("user", "you" or "your") of the CMR Services, you are agreeing to the Terms of Service, which may be updated periodically without prior notice.
YOUR REGISTRATION OBLIGATIONS
Account registration and in some cases verification is required in order to use the CMR Services. During registration, all users are required to provide accurate, complete and current information about themselves in all required fields.
You agree to indemnify and hold CMR, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees and costs, made by any third party due to your use of the CMR Services, your connection to the CMR Services, your violation of the Terms of Service, your infringement of any intellectual property, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for the user's actions when using the CMR Services.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that CMR may send you emails, faxes, and/or mail regarding your use of the CMR Services such as confirmations and additional information regarding the CMR Services. You acknowledge that CMR may establish limits concerning use of the CMR Services and may modify these limits at any time.
MODIFICATIONS TO SERVICE
CMR reserves the right to modify or discontinue, temporarily or permanently, the CMR Services (or any part thereof) with or without notice at any time. You agree that CMR shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the CMR Services. You further agree that any modifications to the CMR Services will be subject to the Terms of Service.
NO RESALE OF SERVICES
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the CMR Services, use of the CMR Services, or access to the CMR Services.
The CMR Services, or relevant third parties, may provide links to other web sites or resources. Because CMR has no control over such sites and resources, you acknowledge and agree that CMR is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that CMR shall not be 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 such content, goods or services available on or through any such site or resource.
CMR PROPRIETARY RIGHTS
You acknowledge and agree that the CMR Services may contain proprietary and confidential information that is protected by applicable laws governing intellectual property, proprietary rights and the like. Subject to the Terms of Service, we hereby grant you, solely for your personal and non-commercial use, a non-exclusive, limited, non-transferable and revocable license to use the CMR Services solely for purposes of the Housing and Registration Process. You acknowledge and agree that your use of the CMR Services does not grant you any ownership rights or any other rights in the CMR Services. Except as expressly authorized by CMR, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the content or the CMR Services, in whole or in part.
CMR is a trademark. Failure of a mark to appear on this page does not mean that CMR does not use the mark nor does it mean that the product is not actively marketed or is not significant within its relevant market. All text, graphics, information and materials, as well as the selection and arrangement thereof on the Site, are protected under copyright. You may view, copy or print pages from the Site solely for personal, non-commercial purposes related to the Housing and Registration Process. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from CMR Services without the express written permission of CMR. You acknowledge that other trademarks, products and company names may appear on the Site in connection with the CMR Services and that these trademarks, products, and company names are the property of their respective owners.
As a condition of your use of the CMR Services, you agree that you will not use the CMR Services for any purpose that is unlawful or prohibited by, or inconsistent with, these Terms of Service. You represent and warrant that you are at least 18 years old and possess the legal authority to enter into these Terms of Service and to use the CMR Services in accordance with these Terms of Service. You may only use the CMR Services to make legitimate reservations or purchases and not for any other purposes. If CMR determines, in its sole and absolute discretion, that any user is in violation of the Terms of Service, CMR retains the right to terminate such user's account at any time without prior notice.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE CMR SERVICES IS AT YOUR SOLE RISK. THE CMR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CMR EXPRESSLY DISCLAIMS 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.
(b) CMR MAKES NO WARRANTY THAT (I) THE CMR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE CMR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CMR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE CMR SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE CMR SERVICES WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE CMR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CMR OR THROUGH OR FROM THE CMR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICES.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CMR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, BUSINESS INTERRUPTION, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CMR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE CMR SERVICES; (ii) 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 CMR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY WITH REGARD TO THE CMR SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE CMR SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CMR SERVICES.
The Terms of Service constitutes the entire agreement between you and CMR and governs your use of the CMR Services, superseding any prior agreements between you and CMR (including, but not limited to, any prior versions of the Terms of Service) and any prior representations by CMR. The laws of the State of California, U.S.A, shall govern the Terms of Service and the relationship between you and CMR, without regard to its conflict of law provisions. You and CMR agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California, U.S.A. The failure of CMR to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the CMR Services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
CMR may at any time revise these Terms of Service by updating this posting. By using the CMR Services, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Terms of Service to which you are bound.