This website and the related websites contained herein (collectively, the "Site") make available information on hotels, resorts, and other transient stay facilities (each a "Property") owned, managed or franchised by The Juniper and/or its subsidiaries and affiliates (collectively, "The Juniper"), and other travel-related or consumer goods and services. This Site, and the services of each of its modules, are offered exclusively by The Juniper and/or its various third party providers and distributors. The offer of such goods and/or services is conditioned on the user's ("User('s)" or "You(r)") acceptance of the terms and conditions and notices set forth herein and on other pages of the Site (collectively the "Terms").
BY ACCESSING USING, VIEWING, TRANSMITTING, CACHING OR STORING THIS SITE OR ANY OF ITS SERVICES, FUNCTIONS OR CONTENTS, YOU SHALL BE DEEMED TO HAVE AGREED TO EACH AND ALL THE TERMS, CONDITIONS, AND NOTICES IN THIS SITE ("AGREEMENT") WITHOUT MODIFICATION. IF YOU DO NOT AGREE, PLEASE CEASE USE OF THE SITE AND LEAVE THE SITE IMMEDIATELY.
Use of Site.
The services of this Site are available only to individuals who can form legally binding contracts under applicable law, and thus, are not available to minors. By using this Site, You represent that You are of sufficient legal age to use this Site and to create binding legal obligations for any liability You may incur as a result of the use of this Site. You also warrant that You are legally authorized to make the travel reservations and/or purchases for either Yourself or for another person for whom You are authorized to act.
You may only use this Site to make legitimate reservations or purchases and shall not use this Site for any other purposes, including without limitation, to make any speculative, false or fraudulent reservations, or any reservation in anticipation of demand.
This Site is to be used by You for Your personal use only. Commercial uses of this Site are strictly prohibited unless prior written consent from The Juniper has been granted. You agree that You will not use this Site for chain letters, junk mail, "spamming", solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list. In addition, You agree not to create a hypertext link from any website controlled by You or otherwise, to this Site without the express written permission of The Juniper. You agree not to pretend to be any other person or a representative of any entity, whether actual or fictitious, including an employee or agent of The Juniper or any third party that provides services related to this Site.
You agree that You will not use any robot, spider, other automatic device or manual process to monitor or copy the Site or any contents or information contained therein, unless You obtain The Juniper's prior express written consent. You agree that You will not through any means interfere or attempt to interfere with the proper functioning of the Site. You agree that You will not provide to The Juniper and/or to this Site: (i) any viruses, worms, time bombs, and/or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information; and (ii) any content that may create liability for The Juniper or cause The Juniper to lose (in whole or in part) the services of our suppliers.
Proprietary Rights Information.
This Site contains and references trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights of The Juniper and/or other parties. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of The Juniper and/or other parties is granted to or conferred upon You. No material from the Site may be reproduced, distributed, posted, displayed, uploaded or transmitted. The use of any material from the Site on any other internet, intranet, web or other site or computer environment is prohibited. You may not utilize framing techniques to frame any The Juniper trademarks, logos, or other proprietary information (including images and text). You may not use any meta tags or any other "hidden text" utilizing our name, trademarks or other proprietary information.
The trademarks, logos and service marks and trade dress displayed on this Site (collectively, the "Trademarks") are registered and common law Trademarks of The Juniper, its affiliates and various third parties. Any reproduction or use of any of the contents of this Site without the express written consent of The Juniper is prohibited. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of The Juniper or such other party that may own the Trademarks.
This Site, including each of its modules, is the copyrighted property of The Juniper and/or its various third party providers and distributors. This Site and the content provided on this Site may not be copied, reproduced, republished, uploaded, posted, modified, transmitted or distributed without the written permission of The Juniper, except that You may download, display and print one copy of the materials presented on this Site on a single computer for Your personal, non-commercial use only. Unauthorized use of this Site and/or the materials contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other website or in any environment of networked computers is strictly prohibited.
By submitting any ideas, comments, suggestions or other information to The Juniper related to improvements to the Site and/or services related to the Site; (collectively, the "Feedback"), You agree that such Feedback shall be deemed, and shall remain, The Juniper's property. None of the Feedback shall be subject to any obligation of confidentiality on The Juniper's part and The Juniper shall not be liable for any use or disclosure of any Feedback. The Juniper shall own all rights related to the Feedback (including without limitation intellectual property rights and moral rights) and shall be entitled to use of the Feedback without restriction for any purpose whatsoever, commercial or otherwise, without compensation to You.
You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to provide the proprietary rights to The Juniper stated above.
Personal Information, Credit Card Information
YOU AGREE THAT NEITHER The Juniper NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE ARE RESPONSIBLE OR LIABLE IN ANY WAY FOR INJURY, LOSS OR DAMAGE TO YOUR COMPUTER, OR INTERCEPTION OR USE OF CREDIT CARD INFORMATION OR OTHER PERSONALLY IDENTIFIABLE INFORMATION, RELATED TO OR RESULTING FROM USE OF THE SITE OR ANY SITES LINKED OR ASSOCIATED WITH THIS SITE.
The Juniper MAKES NO WARRANTY OR REPRESENTATION REGARDING OF CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THIS SITE OR ANY WEBSITE LINKED TO THIS SITE. YOU AGREE THAT NEITHER The Juniper, NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE, ARE RESPONSIBLE FOR THE CONFIDENTIALITY OF ANY INFORMATION, (INCLUDING WITHOUT LIMITATION CREDIT CARD INFORMATION, PERSONALLY IDENTIFIABLE INFORMATION, EMAIL ADDRESS, PHONE NUMBER, ETC.), AND NEITHER The Juniper, NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE, ARE RESPONSIBLE FOR ANY DAMAGES THAT MAY ARISE FROM DISCLOSURE OF SUCH INFORMATION.
Use of Third Party Suppliers
In order to offer the services related to this Site, and fulfill reservations or orders users place on this Site, The Juniper may use third party suppliers. You acknowledge and agree that, the carriers, hotels and other suppliers providing travel or other services for The Juniper may be independent contractors, and not agents or employees of The Juniper. Your credit card statements for products or services purchased on this Site may refer to such third-party suppliers or their respective fulfillment vendors, rather than to The Juniper or the Property at which you may have booked a reservation.
You agree to the terms and conditions of purchase imposed by The Juniper, each Property, and other suppliers of other travel services (air, land, or sea), which may include, but are not limited to, restrictions against back to back ticketing, hidden city ticketing and round trip for one-way ticketing. You also agree to pay all amounts, duties, taxes, and related charges arising out of Your use of this Site and of the services provided herein when due, including additional taxes and fees that may not be included in the quoted fare. You agree to comply with all rules regarding the availability of fares, products or services, including penalty fees arising from the failure of the User to comply with said rules. You understand that any violation of any supplier's conditions of purchase may result: in cancellation of Your reservation(s) or purchase(s); in Your being denied access to any flight(s), hotel(s), automobile(s), activities, or service; in Your forfeiting any monies paid for such reservation(s) or purchase(s); and in The Juniper debiting Your account for any costs The Juniper incurs as a result of such violation. You also agree to allow The Juniper and each Property, and other suppliers of other travel services to charge the credit card on file for the payment of penalties arising from the Your failure to comply with such rules. Such payment will be collected without additional notice. You agree that You are completely responsible for all charges, fees, duties, taxes, and assessments arising out of Your use of this Site.
YOU AGREE THAT The Juniper IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH THIRD PARTY SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM THE USE OF SUCH SUPPLIERS. The Juniper HAS NO LIABILITY AND WILL NOT MAKE REFUNDS FOR ANY DELAY, CANCELLATION, OVERBOOKING OR OTHER CAUSES BEYOND The Juniper'S DIRECT CONTROL, AND The Juniper HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSES RESULTING THEREFROM.
Hotel and Resort General Terms.
In addition to the other terms and conditions specified on this Site regarding our Properties, the following general terms and conditions apply to hotels and resort reservations booked on this Site:
Cancellation policies and other information about specific room reservations and properties may vary by property and by the type of reservation.
Requests for specific features such as bedding type or non-smoking rooms are simply that, and while most hotels will strive to honor Your requests, neither The Juniper nor the Property guarantee that Your request will be honored.
Some rates have special requirements such as AAA membership or Senior Citizen proof of age at check-in. Verify that You qualify for the rate that You have booked. Properties are not obligated to honor this rate if You do not qualify.
Denial of Access
In its sole discretion, in addition to any other rights or remedies available to The Juniper, and without any liability whatsoever to User, The Juniper, at any time and without notice, may terminate or restrict User's access to this Site and any related services.
The headings used in these Terms are included by convenience only and will not limit or otherwise effect these Terms.
You may not assign, convey, subcontract or delegate Your rights, duties or obligations hereunder.
Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this Site, and You agree to abide by such other terms and conditions.
These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
If The Juniper takes any action to enforce this Agreement, The Juniper will be entitled to recover from You, and You agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which The Juniper may be entitled.
The Juniper may at any time modify these Terms, and Your continued use of this Site will be conditioned upon the terms and conditions in force at the time of Your use. Accordingly, You agree to review these Terms periodically, and Your continued access, use and/or posting on this Site shall be deemed Your acceptance of the changed Terms.
EXCLUSION OF WARRANTY, DISCLAIMER
YOU AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. THE SITE, AND ANY RELATED INFORMATION, CONTENTS AND/OR MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. The Juniper HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE; OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You. This warranty gives You specific legal rights and You may also have other legal rights that vary from state to state.
NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY The Juniper WILL CREATE A WARRANTY OF ANY KIND, AND YOU SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL The Juniper, ITS AGENTS, REPRESENTATIVES OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR INJURY OR ANY DAMAGES, EITHER DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS) RESULTING FROM OR IN ANY WAY CONNECTED TO:(1) YOUR USE OF THIS SITE; (B) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING); OR (C) THE PERFORMANCE OR NON PERFORMANCE BY The Juniper OR ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE; EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY OF RECOVERY.
Some jurisdictions do not allow the exclusion of consequential or incidental damages, so some of the foregoing exclusions may not apply to You. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST The Juniper, ITS AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF, OR IN ANY WAY CONNECTED TO YOUR USE OF THE SITE AND/OR ANY RELATED PRODUCTS OR SERVICES.
IN THE EVENT The Juniper IS HELD LIABLE FOR ANY DAMAGES RELATED TO THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO REIMBURSEMENT OF THE CHARGES FOR SERVICES OR PRODUCTS PAID BY YOU THAT WERE NOT PROVIDED TO YOU.
YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THIS SITE BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.
You agree to indemnify and hold The Juniper and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of Your breach of this agreement or the documents it incorporates by reference, or Your violation of any law or the rights of a third party. The Juniper's failure to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches.
Any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with, the laws of the Province of Alberta applicable to contracts entered into and to be performed entirely within the Province of Alberta. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation this paragraph.