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Agreement
     
 
MyResBook ™
Terms of Service

1. Terms of Service. These Terms of Service (“TOS”) govern your use of MyResBook, a web-based system offering property owners an automated online reservation book, an online reservation booking tool and a customer relationship management tool. By using MyResBook, you hereby agree to these TOS for the benefit of ResTrend, Inc. (“ResTrend”). You and your company using MyResBook are referred to in these TOS as “you” or “User.”

2. Use of Site. ResTrend hereby grants User, on the terms of these TOS and so long as User has paid all amounts owed to ResTrend and is not otherwise in default under these TOS or any other agreement with ResTrend, the non-exclusive right to access and use MyResBook solely for the purposes described in Section 1 and such other purposes as may be expressly permitted by ResTrend from time to time.

3. Subscription Fees; Payment. User agrees to pay when due the monthly subscription fees specified in User’s account profile. As part of the MyResBook registration process, User will provide to ResTrend credit card information or such other payment information as ResTrend may deem acceptable. User agrees to keep such information current. User hereby authorizes ResTrend to charge User’s credit card for subscription fees, late fees, and other amounts payable to ResTrend by User as and when the same become due. If User fails to pay any such fee (including failures due to a card issuer declining any credit card charge initiated by ResTrend as authorized above) within ten (10) days after the date due, ResTrend shall be entitled to collect from User a late fee equal to ten percent (10%) of the delinquent amount, subject to a minimum of $35.

4. Customer Data; Confidentiality. Data and information entered into the MyResBook system by User or its existing or potential customers, including without limitation name, address, phone, e-mail, payment information and other information (including personal information), is collectively referred to as the “Customer Information.” User shall only use Customer Information for the purposes described in Section 1 of these TOS, and shall not use or disclose any Customer Information in violation of, or in any manner inconsistent with, (a) any federal, state or local laws or regulations (“Laws”), (b) the terms of ResTrend’s privacy policy as posted at the MyResBook website (as the same may be amended or restated from time to time), (c) the terms of any operating rules or policies adopted by ResTrend from time to time as contemplated below, or (d) User’s privacy policy. ResTrend agrees to use commercially reasonable efforts to protect Customer Information stored on ResTrend owned or leased servers from disclosure to or access by unauthorized persons.

5. Access to MyResBook; Passwords. To access and use MyResBook, you will need a username and password, which you will receive through the MyResBook website’s registration process. You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify ResTrend immediately of any unauthorized use of your password or account or any other breach of security with regard to MyResBook, and to ensure that you exit from your account at the end of each session. ResTrend will not be liable for any loss or damage arising from your failure to protect your password or Customer Information accessible using your login and password.

6. Rules and Policies. ResTrend reserves the right to adopt operating rules and policies of general application regarding MyResBook and the use thereof (which may be in addition to these TOS), and to amend or restate the same from time to time, without the consent of User. ResTrend will provide User with notice (which may be by e-mail or a posting at the MyResBook website) of such rules and policies and amendments and restatements thereof.

7. Restrictions on Use. User shall not enter, store or maintain any information in MyResBook that ResTrend determines (i) may be illegal to store or maintain or to use for its intended purposes under any Laws, (ii) may infringe or violate any person’s property rights or right to privacy, or (iii) is inflammatory, obscene, or offensive, or is inconsistent with ResTrend’s operating rules and policies in effect from time to time. In addition, User shall not, with respect to the use of MyResBook or Customer Information, engage or permit any of its employees or agents to engage in any activities that (i) constitute or encourage a violation of any Laws, (ii) defame, impersonate or invade the privacy of any person, (iii) infringe the intellectual property or other rights of any third party, or (iv) are in any way connected with the transmission of "junk mail", "spam" or the unsolicited mass distribution of e-mail, or with any marketing practices that ResTrend deems unethical.
8. Modification of MyResBook. ResTrend reserves the right at any time, and without any liability to User, to revise and modify MyResBook and to alter its features, specifications, capabilities and/or functions.

9. Maintenance. User acknowledges and agrees that (i) it may be necessary to take down the MyResBook website from time to time or on a periodic basis to resolve technical problems, upgrade software, or otherwise help ensure safe and efficient operation of the site, and (ii) due to the foregoing, power or communications systems interruptions, problems with service providers subcontracted by ResTrend, or other conditions outside ResTrend’s control, MyResBook may occasionally be unavailable. ResTrend will use reasonable efforts to minimize the time during which the MyResBook website is down and unavailable for such reasons.

10. Termination of User Rights. If User breaches any provision of these TOS, any rules or policies adopted by ResTrend as described in Section 6, or any other agreement User has with ResTrend, ResTrend shall have the immediate right to block User’s access to the MyResBook website and Customer Information, or to terminate User’s rights with respect to MyResBook and Customer Information. In addition, ResTrend may terminate User’s rights respect to MyResBook and Customer Information upon ten (10) days prior written notice (including e-mail notice) for any reason. ResTrend shall also have the immediate right to block User’s access to MyResBook and Customer Information if ResTrend determines that a breach of these TOS or any rules or policies adopted by ResTrend is imminent is otherwise determines that such action is required to protect the MyResBook system or the Customer Information.

11. Intellectual Property Rights. ResTrend is the exclusive owner of MyResBook, the MyResBook website, and the MyResBook name, and all copyright, trademark, patent and other intellectual property rights therein, and nothing in these TOS shall be construed as granting to User any intellectual property rights therein. All rights not granted to User are expressly reserved to ResTrend. User shall not have the right to sell, sublicense, transfer, or grant any rights in MyResBook to any third party. All contents of this website are copyrighted © 2007 ResTrend, Inc. All rights reserved.

12. No Warranties. MYRESBOOK, THE MYRESBOOK SITE, AND THE CUSTOMER INFORMATION STORED THERE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RESTREND DOES NOT WARRANT THAT MYRESBOOK OR USER’S ACCESS THERETO WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT THE CUSTOMER INFORMATION WILL BE ACCURATE OR COMPLETE, AND HEREBY DISCLAIMS ANY AND ALL LIABILITY ON ACCOUNT THEREOF.

13. Limitation of Liability. IN NO EVENT SHALL RESTREND, ITS OFFICERS, DIRECTORS, EMPLOYEES OR SHAREHOLDERS BE LIABLE UNDER ANY THEORY, INCLUDING BUT NOT LIMITED TO CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR PRODUCT LIABILITY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS OR DATA, BUSINESS INTERRUPTION, OR OTHER PECUNIARY LOSS), ARISING FROM OR RELATING TO THE USE OF MYRESBOOK, THE MYRESBOOK SITE, OR ANY CUSTOMER INFORMATION, INCLUDING DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SAME OR FROM ERRORS, OMISSIONS OR OTHER INACURRACIES IN CUSTOMER DATA, EVEN IF USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT PREJUDICE TO THE FOREGOING LIMITATION, THE AGGREGATE LIABILITY OF RESTREND TO USER UNDER ANY AND ALL THEORIES, INCLUDING BUT NOT LIMITED TO CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR PRODUCT LIABILITY, SHALL IN NO EVENT EXCEED THE AMOUNT PAID TO RESTREND BY USER FOR USE OF THE MYRESBOOK SITE DURING THE IMMEDIATELY PRECEDING SIX-MONTH PERIOD.

14. Indemnification. User agrees to indemnify, defend (with counsel acceptable to ResTrend) and hold harmless ResTrend, its affiliates, licensors, and their respective officers, directors, employees and agents from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of (a) the breach by User, its employees or agents of these TOS or any other agreement User may have with ResTrend relating to MyResBook, (b) the use or misuse by User, its employees or agents of MyResBook or any Customer Information, and (c) the failure of User, its employees or agents to comply with any applicable Laws in connection with its business or the use of MyResBook or Customer Information.

15. Miscellaneous. These TOS will be governed by the laws of the State of Oregon. Any action or proceeding arising from or relating to these TOS shall be brought in a federal court in the State of Oregon or in state court in Multnomah County, Oregon, and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding. If any legal action is brought to enforce these TOS, the prevailing party will be entitled to receive reasonable attorneys’ fees, court costs, and other collection expenses, in addition to any other relief it may receive, in any bankruptcy case, arbitration proceeding or court case. Any waiver or failure to enforce any provision of these TOS on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of these TOS is determined to be unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
 
 
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Copyright © 2007, MyResBook, all rights reserved.