Terms of Use

Welcome to www.coasthotelsdevelopment.com, an online information service on the World Wide Web operated by Coast Hotels Limited (“Coast”), doing business as Coast Hotels, a British Columbia corporation with its principal place of business in Vancouver, B.C. The Site offers information on hotels and resorts managed, franchised, or operated by Coast and/or its affiliated companies. The following are the terms and conditions which govern your use of this Web site (the “Site”).

Please read this Web Services User Agreement (“Terms”) carefully before using the Web Services (defined below). By accessing and/or using the Web Services, you agree to these Terms. PLEASE DO NOT USE THE WEB SERVICES IF YOU DO NOT AGREE WITH THESE TERMS.

Agreement with terms and conditions

This Agreement is between You, the purchaser of the products or services on this Site (“You”), and Coast. “We” and “Us” means both You and Coast. The effective date of this Agreement is when You accept this Agreement in accordance with the procedure set out below. BY ACCESSING, BROWSING THROUGH, OR MAKING A RESERVATION USING THE SITE, YOU EXPRESSLY ACCEPT THE FOLLOWING TERMS AND CONDITIONS, WITHOUT MODIFICATION, AND INTEND TO BE LEGALLY BOUND BY THEM. CAREFULLY READ ALL OF THE APPLICABLE TERMS AND CONDITIONS AS SET OUT BELOW BEFORE PROCEEDING. If You violate any of these terms and conditions, your permission to use the Site automatically terminates, and You must immediately destroy any copies You have made of its content.

Modification to the site or this agreement

Coast reserves the right at any time to change any information contained in the Site or this Agreement. Any such changes will appear on the individual pages of the Site and/or in this Agreement. Such changes shall be effective immediately upon posting them on the Site. By using the Site, You agree in advance to accept any such changes.

Coast may make information regarding specific promotions that Coast is conducting available on the Site. Any such promotion is subject to the specific terms, conditions, and restrictions listed on the Site in connection with such promotion. Coast reserves the right to alter or withdraw any promotion at any time. Each promotion is void where prohibited by law.

Disclaimer

Coast is providing the Site, on an “AS IS, AS AVAILABLE” basis to users. YOU USE THE SITE AT YOUR OWN RISK. Neither Coast nor any of its officers, directors, employees, owners, agents, third-party content providers, sponsors, licensors, or the like, makes any representations or warranties, either express or implied, to You

a. that the Site will be uninterrupted or error-free,

b. as to the results that may be obtained from the use of the Site,

c. as to the accuracy, timeliness, or completeness of content or services provided through the Site, or

d. as to the receipt, storage, transmission, or other use of your personal information. THERE IS NO GUARANTEE THAT PERSONAL INFORMATION AND TRANSACTIONS ON THIS WEBSITE OR THE INTERNET WILL BE MAINTAINED CONFIDENTIAL AND SECURE. COAST MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES AS TO UNINTERRUPTED OR ERROR-FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, CORRECTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE WITH RESPECT TO THE SITE, ITS CONTENT, ITS RESERVATION SERVICES, OR ANY OTHER DOCUMENTS, INFORMATION, ITEMS OR MATERIALS PROVIDED BY COAST IN CONNECTION WITH THE USE OF THE SITE.

Limitation of liability

UNDER NO CIRCUMSTANCES WILL COAST, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SITE, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, INCLUDING WITHOUT LIMITATION THOSE THAT RESULT FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO COAST’S RECORDS, PROGRAMS, OR SERVICES, EVEN IF COAST OR ANY OF ITS LAWFUL AGENTS, OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

Ownership and permitted use

Except where otherwise noted, all of the Site’s design, text, graphics, images, data, and other material, the arrangement thereof, programming code, software, names, marks, and logos used herein (the “Content”), is the property of Coast, its third-party providers, licensors, or distributors. You are permitted to view, electronically copy or download, and print in hard copy, the Content only for the purposes of making hotel reservations or as an accommodation resource, provided You retain all copyright and other proprietary notices contained in the original Content. Any other use of the Content, including without limitation use on any other Web site, modification, distribution, reproduction, or re-publication, without the prior written permission of Coast is strictly prohibited and may subject You to liability for violation of copyright, trademark, or other laws.

Links to third-party content

The Site may contain links to other sites operated by parties with which Coast has no contractual or other relationship. Coast does not review or monitor such Web sites and assumes no responsibility for the accuracy or appropriateness of the information contained on such sites or for any products or services offered through such sites. COAST DOES NOT RECOMMEND OR ENDORSE ANY HYPERLINKS TO OR CONTENT FOUND ON OTHER WEBSITES. In addition, You agree not to link your Website or any other third-party Website to the Site without the express prior written consent of Coast.

Governing law

Coast, this Site, and the Content are physically located within the Province of British Columbia, Canada. This Agreement will be governed by the laws of the Province of British Columbia and the federal laws of Canada and shall be treated in all respects as a British Columbia contract, without reference to the principles of conflicts of law. In the event of a dispute, We agree to submit to the non-exclusive jurisdiction of the courts of British Columbia. We have required that this Agreement and all documents relating thereto be drawn up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s’y rattachent soint rédignés en anglais.

Additional terms

Additional terms and conditions may apply to franchise and licensing transactions, use of software, and other uses of the Site, and You agree to abide by such other terms and conditions as they appear on individual pages within the Site, as well as all applicable laws and regulations.

Severability

In the event that any provision herein 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.

Relationship

No joint venture, partnership, employment, consulting, or agency relationship between You and Coast is intended or created by this Agreement.

Entire agreement

These terms and conditions constitute the entire agreement between You and Coast with respect to the use of the Site and the Content and supersede any and all prior or contemporaneous communications, understandings, or agreements (whether oral or written) regarding the subject matter of this Agreement. No supplement, modification, or amendment to this Agreement and no waiver of any provision of this Agreement shall be binding on Coast unless executed by Coast in writing.

Indemnity

YOU AGREE AT ALL TIMES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS COAST, ITS AGENTS, SUPPLIERS, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS AND EMPLOYEES FROM ANY AND ALL LOSSES, CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING LEGAL AND OTHER FEES AND DISBURSEMENTS, WHICH COAST MAY BECOME OBLIGED TO PAY ARISING OUT OF OR RESULTING FROM YOUR USE OF THE SITE OR YOUR BREACH OF THESE TERMS.

Termination

This Agreement is effective until terminated by Coast, with or without cause, in Coast’s sole and unfettered discretion. Coast may terminate this Agreement without notice to You if You fail to comply with any of its terms. Any such termination by Coast shall be in addition to and without prejudice to such rights and remedies as may be available to Coast, including injunction and other equitable remedies.

The disclaimers, limitations on liability, ownership, termination, interpretation, and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.

Enurement

This Agreement shall inure to the benefit of, and by binding upon each of Us and our respective successors and permitted assigns. You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement, and having received a copy of this Agreement.