Terms of Use
IMPORTANT! Before proceeding, you should read and become familiar
with these Terms and Conditions ("Terms and Conditions") which govern
your (the "User" or "You") use of the MMIX-Inc.com and/or Travelhost.com Web Site (the "Web
Site") provided by MMIX-Inc.com and/or TRAVELHOST, Inc. (the "Companies"). These Terms and
Conditions are subject to change by the Companies at any time in its
discretion. Your use of the Web Site after such changes are implemented
constitutes your acceptance of the changes. Please consult these terms
and conditions regularly.
1. Permitted Use, Licenses, and Site Access.
User
has a nonexclusive, nontransferable, limited, and revocable right to
use the Web Site solely for User's personal educational, informational,
and entertainment use. User will not use the Web Site for any other
purpose, including any commercial purpose, without the Companies'
express prior written consent. The limited license granted does not
include any resale or commercial use of the Web Site or any of the
content accessible through use of the Web Site ("Content"); any
derivative use of the Web Site or its Content; any downloading or
copying of any Content for commercial use; or any use of data mining,
robots, or similar data gathering and extraction tools. No portion of
the Web Site shall be reproduced, duplicated, copied, sold, resold, or
otherwise exploited for any commercial purpose without express written
consent of the Companies. You may not frame or utilize framing techniques
to enclose any trademark, logo, or other proprietary information
(including images, text, page layout, or form) of the Companies without
express written consent. You may not use any meta tags or any other
"hidden text" utilizing Companies' name or trademarks without the
express written consent of the Companies. Any unauthorized use terminates
the permission or license granted by the Companies. You are granted a
limited, revocable, and nonexclusive right to create a hyperlink to the
home page of MMIX-Inc.com and/or Travelhost.com so long as the link does not portray the
Companies, or its products or services, in a false, misleading,
derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark as part of the link
without express written permission.
2. Proprietary Information.
User
acknowledges and agrees that the content accessible within the Web Site
is the proprietary information of the Companies and its content
providers, and the Companies and its content providers retain all right,
title, and interest in the Content. Accordingly, User will not
reproduce, transmit, publish or distribute such Content to any third
party without the express written consent of the Companies or the
applicable content provider except that User may print out a copy of
Content solely for User's personal use. In doing so, User will not
remove or alter, or cause to be removed or altered, any copyright,
trademark, trade name, service mark, or any other proprietary notice or
legend appearing on any of the Content.
3. Electronic Communications.
When
you visit the Web Site or send e-mails to the Companies, you are
communicating with us electronically. You consent to receive
communications from the Companies electronically. The Companies will
communicate with you by e-mail or by posting notices on this Web Site.
You agree that all agreements, notices, disclosures and other
communications that the Companies provides to you electronically satisfy
any legal requirements that such communications be in writing.
4. Comments, Communications, and Content Submission.
Users
may post certain reviews, comments, photos, and other content; send
e-mails and other communications; and submit suggestions, ideas,
comments, questions, or other information, so long as the content is
not illegal, obscene, threatening, defamatory, invasive of privacy,
infringing of intellectual property rights, or otherwise injurious to
third parties or objectionable and does not consist of or contain
software viruses, political campaigning, commercial solicitation, chain
letters, mass mailings, or any form of "spam". You may not use a false
e-mail address, impersonate any person or entity, or otherwise mislead
as to the origin of any communication or content. The Companies reserves
the right (but not the obligation) to remove or edit such content, but
does not regularly review posted content.
If
you do post content or submit materials or information, unless we
indicate otherwise, you grant to the Companies and its affiliates a
nonexclusive, royalty-free, perpetual, irrevocable, and fully
sublicensable right to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, and display such
content throughout the world in any media. You grant the Companies and
sublicensees the right to use the name that you submit in connection
with such content, if they choose. You represent and warrant that you
own or otherwise control all of the rights to the content that you
post; that the content is accurate; that use of the content you supply
does not violate this policy and will not cause injury to any person or
entity; and that you will indemnify the Companies and its affiliates for
all claims resulting from content you supply. The Companies have the right
but not the obligation to monitor and edit or remove any activity or
content. The Companies take no responsibility and assumes no liability
for any content posted by you or any third party.
5. Links to Other Sites.
The
Web Site contains links to third-party web sites. The linked sites are
not under the control of the Companies, and the Companies are not
responsible for the contents of any linked site or any link contained
in a linked site. The Companies are providing links only as a convenience,
and the inclusion of a link does not imply endorsement of the linked
site by the Companies or its affiliates.
6. Copyright.
All
Content included on this Web Site, such as text, graphics, logos,
button icons, images, audio clips, digital downloads, data
compilations, and software, is the property of the Companies or its
content suppliers and protected by United States and international
copyright laws. The compilation of all Content on this site is the
exclusive property of the Companies and protected by United States and
international copyright laws. All software used on this Web Site is the
property of the Companies or its software suppliers and protected by
United States and international copyright laws.
7. Claims of Copyright Infringement.
If
you believe in good faith that materials appearing on this Web Site
infringe your copyright, you (or your agent) may send us a written
notice that includes the following information:
- 1. A clear identification of the copyrighted work you claim was infringed.
- 2.
A clear identification of the material you claim is infringing the
copyrighted work, and information that will allow us to locate that
material on the Web Site, such as a link to the infringing material.
- 3. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
- 4.
A statement that you have a "good faith belief that the material that
is claimed as copyright infringement is not authorized by the copyright
owner, its agent, or the law."
- 5. A statement that
"the information in the notification is accurate, and under penalty of
perjury, the complaining party is authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed."
- 6.
The notice must be signed by the person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed.
* Notices with respect to this Web Site should be sent to:
MMIX, Inc., 2917 Muskett Drive, Johnson City, TN 37604
We will review and address all notices that comply with the requirements above.
We
suggest that you consult your legal advisor before filing a notice or
counter-notice. Also, be aware that you may be liable for damages if
you make a false claim of copyright infringement.
8. Trademarks.
TRAVELHOST,
TRAVELHOST MAGAZINE, TRAVELHOST EZ-FOLD MAP, TRAVELHOST DIGEST, MY
TRAVELHOST, TH, TH and DESIGN, CONDO CONCIERGE, OCEAN FRONT LIVING,
CLUBHOUSE LIVING, MARINE CONCIERGE, HAPPY CAMPER, TRAVELHOST OF
NE TN & SW VA, TRAVELHOST TRAVEL REGISTRY,
TRAVELHOST AGENDA BUILDER, TRAVELHOST UNIVERSITY, and other
Travelhost.com graphics, logos, page headers, button icons, scripts,
and service names are trademarks, registered trademarks or trade dress
of the Companies in the United States and/or other countries. The
Companies' trademarks and trade dress may not be used in connection with
any other person or entity's product, service or business, in any
manner that is likely to cause confusion among customers, or in any
manner that disparages or discredits the Companies. All other trademarks
not owned by the Companies that appear on this site are the property of
their respective owners, who may or may not be affiliated with,
connected to, or sponsored by the Companies.
9. Content Accuracy.
The
Companies and its affiliates attempt to be as accurate as possible with
respect to the Content of the Web Site, including the accuracy of
information contained on the Web Site relating to service and product
providers, local destination information, and miscellaneous other
travel-related information. However, the Companies must, by necessity,
rely upon information obtained from and/or supplied by third parties,
and the Companies and its affiliates cannot and do not represent or
warrant that such information is accurate, complete, reliable, current,
or error-free.
10. Disclaimer of Warranties and Limitation of Liability.
THIS
WEB SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING
SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU
THROUGH THIS WEB SITE (INCLUDING ANY OTHER SITES "HOT-LINKED" TO THIS
WEB SITE) ARE PROVIDED BY COMPANIES AND ITS AFFILIATES ON AN "AS IS" AND
"AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE
COMPANIES AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEB SITE OR THE
INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR
SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS
WEB SITE (OR THROUGH ANY "HOT-LINKED" SITES), UNLESS OTHERWISE
SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEB
SITE IS AT YOUR SOLE RISK.
TO
THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANIES AND ITS
AFFILIATES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. THE COMPANIES AND ITS AFFILIATES DO NOT WARRANT THAT
THIS WEB SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING
SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU
THROUGH THIS SITE (INCLUDING "HOT-LINKED" SITES); THE COMPANIES'
SERVERS; OR E-MAIL SENT FROM THE COMPANIES ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. THE COMPANIES AND ITS AFFILIATES WILL NOT BE LIABLE
FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM
ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR
SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS
WEB SITE OR "HOT-LINKED" SITES, INCLUDING, BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS
OTHERWISE SPECIFIED IN WRITING. CERTAIN
STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OF LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY
NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
11. Applicable Law, Venue, and Jurisdiction.
By
visiting MMIX-Inc.com you agree that the laws of the state of Tennessee,
without regard to principles of conflict of laws, will govern these
Terms and Conditions of Use and any dispute of any kind that might
arise between you and the Companies. You further agree that any dispute
relating to your visit to MMIX-Inc.com shall be adjudicated in any
state or federal court located in Washington County, Tennessee, and you consent
to exclusive jurisdiction and venue in such courts.
12. How to Contact Us
Should you have any questions or concerns about these terms and conditions of use, please contact us.