Terms of Service

When ordering a LodgeNet HSIA service you will be presented the Terms of Service below. To continue the ordering process, you will need to click an “I Accept” button, acknowledging you have read and understand the Terms of Service.

TERMS OF SERVICE

IMPORTANT! READ THIS DOCUMENT. YOUR USE OF THIS SERVICE AND ACCEPTANCE OF THESE TERMS OF SERVICE CREATE A LEGALLY BINDING CONTRACT. DO NOT USE THIS SERVICE IF YOU DO NOT INTEND TO BE LEGALLY BOUND TO THESE TERMS OF SERVICE.

This Service is provided by LodgeNet Interactive Corporation (LodgeNet) on an “as is, as available” basis. No warranties, representation or endorsements, express or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to this Service. You release LodgeNet from and LodgeNet shall have no liability or responsibility for any direct, indirect, incidental, or consequential damages suffered by you in connection with your use of or inability to use the Service, including, but not limited to, damages from loss of data resulting from delays, non-delivery, mis-delivery, or service interruptions, or due to inadvertent release or disclosure of information sent by you even if the same is caused by LodgeNet’s own negligence. Without limiting the generality of the foregoing, LodgeNet disclaims to the full extent permitted by applicable law any responsibility for (and under no circumstances shall be liable for) any conduct, content, goods, data, and services available on or through the Internet or this Service. In no event shall LodgeNet’s aggregate liability exceed the amount paid by you to LodgeNet for the use of this Service. Your use of any information or data obtained by you via this Service and the Internet is at your own risk, and LodgeNet disclaims any responsibility for the completeness or accuracy of any such information or data.

When you use this Service, you agree that YOU WILL NOT:

• Transmit any information or data, in any form, which violates any local, state, United States, or applicable international law or regulation, or that is harmful, threatening, abuse, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or otherwise objectionable.
• Violate or infringe any copyright, trademark, patent, or other statutory or common law proprietary rights of others.
• Send unsolicited mass e-mail messages (SPAM).
• Engage in any activity or device in an effort to disguise the origin of any transmission.
• Transmit any information or data that contains any computer virus, or any material designed to interrupt, destroy, or limit the functionality of any computer hardware or software.
• Engage in any activity in the nature of hacking, or port scanning.
• Engage in any activity that is harmful to minors.
• Use this Service in furtherance of any fraudulent activity.
• Engage in any activity that is in the nature of a “denial of service” attack.

You agree that LodgeNet may, in its sole discretion, disconnect you from the Internet and deny access to this Service at any time. In addition, you agree that you will indemnify, defend and hold harmless LodgeNet (and its directors, officers, employees, customers and agents) with respect to any claims, losses or expenses by any party that arise from your use of this Service.

When you use this Service and accept these Terms of Service, you are representing to LodgeNet that:

• You are 21 years of age or older.
• That you are the registered guest for the hotel room from which you are connecting to this Service.
• That you are solely responsible for the activity and conduct of anyone that you permit to use this Service.
• You will not permit a minor to use this Service to access any content intended for adults.
• That you have read and accept these Terms.
• That you have read and understand our Privacy Policy.

LodgeNet reserves the right to modify these Terms of Service at any time, effective upon posting of the modified Terms of Service. Therefore, you are urged to review these Terms of Service frequently.

The fee (if any) charged by LodgeNet for your use of this Service is paid solely for the privilege of accessing this Service. Other web sites you visit may charge additional fees.

You agree that any dispute between you and LodgeNet that arises as a result of your use of this Service shall at LodgeNet’s sole option be brought exclusively in the State or Federal court in Minnehaha County, South Dakota.

This Terms of Service constitutes the entire agreement between you and LodgeNet regarding your use of this Service. LodgeNet’s failure to insist upon or enforce strict performance of any provision of these Terms of Service shall not be construed as a waiver of any provision or right.

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