Terms of Use Agreement

July 4, 2011

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Room 77 Services. By using the Room 77 Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Room 77 Website), a "Member" (which means that you have registered with Room 77) or you are a "Customer" (which means that you have purchased some travel services through Room 77). The term "User" refers to a Visitor, a Member or a Customer. You are only authorized to use the Room 77 Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Room 77 Website and discontinue use of the Room 77 Services immediately. If you wish to become a Member, communicate with other Members and make use of the Room 77 Services, you must read this Agreement and indicate your acceptance during the Registration process. The content and information on this Web site (including, without limitation, price and availability of travel services), as well as the software and infrastructure used to provide such content and information, is proprietary to Room 77 or its affiliates, suppliers, and providers.

Privacy Policy

Your use of this Web site is governed by the Room 77's Privacy Policy, which is available at Privacy Policy and incorporated by reference into these terms.

Room 77 may modify this Agreement from time to time and such modification shall be effective upon posting by Room 77 on the Room 77 Website. You agree to be bound to any changes to this Agreement when you use the Room 77 Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Description of Service

Room 77 provides customers with tools and resources for hotel research and shopping services now known or hereafter developed, including without limitation any software incorporated into such tools and services (the "Service"). You understand and agree that the Service may include certain communications from Room 77, such as service announcements, and that these communications are considered part of Room 77 membership and you will not be able to opt out of receiving them. You understand and agree that the Service is provided "AS-IS" and that Room 77 assumes no responsibility for the timeliness, deletion, service delivery problem, or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider). In addition, you must provide and are responsible for all equipment necessary to access the Service.

Room 77 is not a travel agent or merchant. Room 77 works with third party travel providers to offer goods and services including hotel, flights, cars, activities reservations. Room 77 is not responsible for collecting or remitting taxes in connection with your purchases of products and services from these third party travel providers.

Use of Copyrighted Materials/Trademarks

Any materials on this Web site, including without limitation any documentation, content, text, data, graphics, images, interfaces or other materials or works of authorship, (the "Materials") are copyrighted materials owned by or licensed to Room 77. All rights are reserved. The Materials contain trademarks, service marks and trade names which are owned by Room 77 and its affiliates, and may also contain brand and product names which are trademarks, service marks or trade names of third parties which are owned by their respective owners. Except as otherwise noted in the Web site, you are hereby authorized to view, cache, and print the Materials, subject to the following conditions: (1) Any copy of the Materials or portion thereof must include the Room 77 copyright notice. (2) Room 77 reserves the right to revoke such authorization at any time, and any such use by you shall be discontinued immediately upon notice from Room 77.

Hyperlinks to this Site

You are granted a limited, nonexclusive right to create a "hypertext" link to this Web site provided that such link does not portray Room 77 or any of its other products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any Room 77 trademark, logo or trade name or other proprietary information including the images found at the Web site, the content of any text or the layout/design of any page or any form contained on a page without the express written consent of Room 77.

Member Accounts, Passwords, and Security

Certain areas of the Web site may be password-restricted and require registration or sign-in before they can be accessed. When you complete our registration process you will receive an account and password that will enable you to access all travel services. You agree to maintain the confidentiality of your password, and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that Room 77 cannot and will not be liable for any loss or damage arising from your failure to comply with this policy.

Neighborhood Data

Neighborhood Boundaries data copyright Maponics 2012 - Duplication is Strictly Prohibited.

Content Submitted for Inclusion On or for Distribution Through Room 77:

You acknowledge that you are responsible for the information, photographs, graphics, messages, content and other material that you upload, post, email or otherwise submit to the Web site or make available using the Service, and that you have full responsibility for each of your submissions, including its legality, reliability, appropriateness, originality, and copyright. Room 77 does not claim ownership of content (including photos and graphics) you submit or make available for inclusion on the Web site. However, with respect to content you submit or make available for inclusion as part of a room review, you grant Room 77 a world-wide, royalty free, and non-exclusive license to use, distribute, reproduce, modify, adapt, and publicly display such content for the purposes of providing and promoting the hotel room to which such content was submitted. This license exists only for as long as you elect to continue to include such content on the Service and will terminate at the time you remove or Room 77 removes such content from the Service. You agree to provide a world-wide, royalty free, non-exclusive, and irrevocable license to use, distribute, reproduce, modify, adapt, publicly display, and sublicense content (including photos and graphics) you submit or make available for inclusion in "publicly accessible" areas of the Service.

"Publicly accessible" areas of the Service are those areas that are intended by Room 77 to be available to the general public.

Room 77 does not control the content posted by third parties via the Service and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Service, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will Room 77 be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service.

You agree to not use the Service to:

Upload, post, email, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;

Impersonate any person or entity, including, but not limited to, a Room 77 official or travel supplier, or to falsely state or otherwise misrepresent your affiliation with a person or entity;

Upload, post, email, or otherwise make available any content that you do not have a right to make available;

Upload, post, email, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," or any other form of solicitation;

Upload, post, email, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

General Practices Regarding Use of Room 77

You acknowledge that Room 77 may establish general practices and limits concerning use of the Service, including without limitation the maximum number of searches and the maximum disk space that will be allotted on Room 77's servers on your behalf. In addition, you agree not to take any action that might impose, in Room 77's discretion, a disproportionately large load on Room 77's servers or infrastructure.

Modification of Service

Room 77 reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently the Service (or any part thereof) with or without notice. You agree that Room 77 shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

Termination

You agree that Room 77 may, at its sole discretion and without prior notice, immediately terminate your account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Service or other Room 77 agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) you have engaged in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your account includes (a) deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof), and (b) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Room 77's discretion and that Room 77 shall not be liable to you or any third-party for any termination of your account or access to room reviews created using the Service.

Liability Disclaimer

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Room 77 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND. Room 77 MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. THE INFORMATION, SOFTWARE, AND SERVICES ON THE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, Room 77 AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF HOTEL, AIRLINE, AND OTHER TRAVEL PRODUCTS DISPLAYED ON THIS WEB SITE (INCLUDING, WITHOUT LIMITATION, PHOTOGRAPHS, LIST OF HOTEL AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. HOTEL RATINGS DISPLAYED ON THIS WEB SITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND Room 77 AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF THE RATINGS. Room 77 AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEB SITE AT ANY TIME.

Room 77 MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCT, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCT OR SERVICE ON THIS WEB SITE DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY Room 77. ALL SUCH PRODUCTS AND SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. Room 77, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

Room 77 SUPPLIERS, INCLUDING WITHOUT LIMITATION AIRLINES, HOTELS, TRAVEL AGENCIES, AND TOUR OPERATORS, PROVIDING TRAVEL OR OTHER SERVICES FOR OR THROUGH Room 77 ARE NOT AGENTS OR EMPLOYEES OF Room 77. Room 77 MAKES NO WARRANTIES OR GUARANTEES WITH REGARD TO THE SERVICES PROVIDED BY THIRD PARTY SUPPLIERS. Room 77 IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF ANY SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. Room 77 HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE, OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND IT HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSION, DELAYS, RE-ROUTING, OR ACTS OF ANY GOVERNMENT OR AUTHORITY. IN NO EVENT SHALL Room 77 AND ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE TOTAL, CUMULATIVE LIABILITY OF Room 77 (OR ITS AGENTS OR SUPPLIERS) FOR DAMAGES UNDER THIS AGREEMENT EXCEED THE AMOUNTS EARNED BY Room 77 FOR THE PRODUCT OR SERVICE GIVING RISE TO SUCH DAMAGES.

Indemnification

You agree to defend, indemnify and hold Room 77 harmless from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature including but not limited to legal and accounting fees, brought by (i) you or on your behalf in excess of the liability described above; or (ii) by third parties arising out of content you submit, post, transmit, or make available through Room 77, your use of the Service, (iii) any third party arising out of your use of the Service or the use of the Service by any person using your account and/or password, or (iv) by third parties arising out of your breach of these Terms of Service, or your violation of any law or the rights of a third party.

No Unlawful or Prohibited Use

As a condition of your use of this Service, you warrant that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

Interfere with or disrupt the Service or servers or networks connected to the Service;

You acknowledge that Room 77 may or may not pre-screen content, but that Room 77 has the right (but not the obligation) at its discretion to screen, refuse, or move any content that is available via the Service. Without limiting the foregoing, Room 77 and its designees shall have the right to remove any content that violates these Terms of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by Room 77 or submitted to Room 77.

Advertising and Links to Third-Party Sites

This Web site contains hyperlinks to Web sites operated by parties other than Room 77. Such hyperlinks are provided for your information and reference only. Room 77 does not control such Web sites and is not responsible for their contents or your use of them. Room 77's inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators. You further acknowledge and agree that Room 77 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 the use of or reliance on any content, goods or services available through any third party Web site.

Intellectual Property

You agree not to copy, reverse engineer, or attempt to discover any source code or proprietary data, distribute or create derivative works based on the Service, in whole or in part. You agree not to access the Service by any means other than through the interface that is provided by Room 77 for use in accessing the Service. In addition, any software that is made available from this Web site, including, without limitation, all HTML code and Web controls, are owned by or licensed to Room 77. Any reproduction or redistribution of this software is expressly prohibited.

Travel Purchases

Room 77's travel searching, planning and purchasing tools are to assist customers in determining the availability of travel-related goods and services and to make legitimate reservations or otherwise transact business with suppliers, and for no other purposes. You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use this Web site in accordance with all terms and conditions herein. You agree to be financially responsible for all of your use of this Web site (as well as for use of your account by others, including, without limitation, minors living with you). You also warrant that all information supplied by you or members of your household in using this Web site is true and accurate. Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the travel services reservations facilities of this Web site shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You understand that abuse of the travel services reservation facilities of this Web site may result in you being denied access to such facilities.

Separate terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. You agree to abide by the terms or conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of any such supplier's conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any flights or hotels, in your forfeiting any monies paid for such reservation(s) or purchase. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Web site.

Travel Destinations

Although most travel is completed without incident, travel to certain destinations may involve greater risk. By offering for sale travel to particular destinations, Room 77 does not represent or warrant that travel to such points is advisable or without risk and is not liable for damages or losses that may result from travel to such destinations.

Applicable Law

These terms and conditions shall be governed by and construed in accordance with the laws of the State of California , without resort to its conflict of law provisions. Any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the Superior Court of San Francisco County, California, or the United States District Court for the Northern District of California, and the parties hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.

Room 77, Inc.
Room 77

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