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TERMS OF USE

Best of Travel, LLC maintains the website located at www.BestofFrisco.com (the “Site”) and allows use of and access to the Site subject to the following terms and conditions (the “Terms”).   The terms “you” and “your”, as used in these Terms, refer to all individuals and/or entities accessing this Site for any reason.   By using or visiting the Site, you expressly agree to be bound by these Terms and to abide by these Terms and any and all applicable laws and regulations, including United States and international intellectual property laws.   Best of Travel, LLC reserves the right to change these Terms at any time and for any reason, as further described below.  

1. Use of Content on the Site.   The Site and the content of the Site are Best of Travel, LLC’s property and are protected by U.S. and international intellectual property laws, including trademark and copyright law.   You may download, print, and view content from the Site under these Terms as long as you only use the content for non-commercial, personal use and as long as you do not modify or alter the content in any way.   If you advertise with Best of Travel, LLC, either through this Site or offline, your advertising will be subject to a separate agreement between you and Best of Travel, LLC governing your advertising.   You may not copy, republish, distribute, prepare derivative works, or otherwise use the content of the Site other than as expressly permitted by these terms.   Except for personal, private information provided to us under our Privacy Policy, all material, information or ideas that you upload, publish, distribute, post, or disseminate on or through the Site by any means will be treated as non-confidential and non-proprietary, and may be used or disseminated by Best of Travel, LLC or its affiliates for any purpose.   Any unauthorized use of the Site terminates the permission or license granted by Best of Travel, LLC.  

2. Restrictions on Use.   Without Best of Travel, LLC’s express written consent, you may not (a) use any automated means to access the Site or collect any information from the Site, including but not limited to robots, spiders or scripts, or (b) frame the Site, utilize framing techniques to enclose any service mark, logo, or other proprietary information, place pop-up windows over its pages, or otherwise affect the display of its pages.   This means, among other activities, that you agree not to engage in the practices of “screen scraping,” “database scraping,” “deep-linking,” or any other activity for the purpose of obtaining content, lists of users, or other information.   You may not use any meta tags or any other “hidden text” utilizing Best of Travel, LLC’s or Best of Frisco’s name, trademarks, or service marks without the express written consent of Best of Travel, LLC.   You may not use any Best of Travel, LLC logo or other proprietary graphic, trademark or service mark as part of a link without express written permission from Best of Travel, LLC.   When you use the Site and its content for an authorized purpose, you must include all proprietary notices without changing or hiding them.   You agree that you will not use the Site in any manner that is inconsistent with applicable law or that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.   You agree not to reproduce, duplicate, copy, sell, resell, or exploit the Site or any portion of the Site.   You also agree that you will not use the Site or any of its content to harass, abuse, or cause harm to another person or entity, or to contact or solicit another person or entity without his, her, or its consent.  

3. Registering with the Site.   In order to take complete advantage of certain features on the Site, including but not limited to posting reviews, creating a user profile, and sending information from the Site to other people, you are required to register and/or submit an online form.   You agree that the information you supply is true, accurate, current, and complete information.   You may not use another person’s identity or a false identity when registering.   If the information becomes inaccurate at any time, you are responsible for updating such information.   If Best of Travel, LLC has reasonable grounds to believe that the information you provided is untrue, inaccurate, incomplete, or outdated, Best of Travel, LLC may suspend or terminate your use of the Site and refuse future use of the Site.   Best of Travel, LLC reserves the right to disallow the use of any login name that Best of Travel, LLC deems offensive or inappropriate.   When you register, you will create a password.   You are responsible for preserving the confidentiality of your password and for all actions of persons accessing the Site through usernames and passwords assigned to you.   You agree to notify Best of Travel, LLC immediately of any unauthorized use of your login name or password.  

4. Email Communication.   If you register on the Site, you hereby authorize Best of Travel, LLC to send electronic mail to you for the purpose of advising you of changes, additions, or enhancements to this Site and its content.   If you do not want to receive these emails from Best of Travel, LLC, you may contact Best of Travel, LLC at 3710 Rawlins Street, Suite 100, Dallas, TX 75219 to remove your email address from the mailing list.   You understand that even if you request to not receive future emails, Best of Travel, LLC may contact you from time to time regarding your account.   You agree that it is your sole responsibility to scan any documents attached to Best of Travel, LLC’s electronic mail for computer viruses and to hold Best of Travel, LLC harmless for any computer viruses you may receive from electronic mail sent to you.  

5. Posting Content to the Site.  Best of Travel, LLC reserves the right, but disavows any obligation, to refuse to post or to remove any content that it deems illegal, offensive, or inappropriate.   Content includes, but is not limited to, reviews, videos and photos.   Reviews do not necessarily reflect the views of Best of Travel, LLC, its subsidiaries, affiliates, officers, employees, agents, partners, advertisers, or licensors.   Best of Travel, LLC does not assume responsibility or liability for any review or user-uploaded photo or video, or for any claims, losses, or damages related to the use of such reviews, photos or videos.   Except for personally identifiable information provided to us under the terms of our Privacy Policy, all material, information, or ideas that you upload, publish, distribute, post, or disseminate on or through the Site by any means will be treated as non-confidential and non-proprietary, and thus may be used or disseminated by Best of Travel, LLC or its affiliates for any purpose.   You hereby grant Best of Travel, LLC a worldwide, non-exclusive, royalty-free, fully paid right and license to copy, distribute, use, display, and create derivative works of any such material, information, and ideas in any manner, medium, and format, as determined by Best of Travel, LLC.  

6. Intellectual Property.   All materials present on this Site, including but not limited to text, graphics, logos, button icons, images, content, Site design, audio and video clips, and software are the property of Best of Travel, LLC or the parties specifically indicated and are protected by U.S. and international copyright laws.   The collection, arrangement, and assembly of any materials on this Site are the exclusive property of Best of Travel, LLC and its licensors and are protected by U.S. and international intellectual property laws, including copyright laws.   All software used on this Site is the property of Best of Travel, LLC or its software suppliers and is protected by U.S. and international intellectual property laws, including copyright laws.   “Best of Frisco” and any other Best of Travel, LLC graphics, logos, and service names are trademarks of Best of Travel, LLC.   All other marks contained on this Site are the sole property of the parties indicated.  

7. Privacy.   Your privacy is important to Best of Travel, LLC.   You are advised to review Best of Travel, LLC’s Privacy Policy, the terms of which are incorporated in the Terms by reference.  

8. Links to External Sites.   Best of Travel, LLC provides links on the Site to other websites on the Internet that are owned and operated by third parties that are not under the control of Best of Travel, LLC.   These links are not intended as an endorsement by Best of Travel, LLC of the organization or individual operating the website or a warranty of any type regarding the website or the website’s content.   By using this Site, you agree that Best of Travel, LLC is not liable for any damage, loss, or injury caused by the use of or reliance on any such content, goods, or services available on or through any such site or resource.  

9. Accuracy of Information on the Site.   Best of Travel, LLC attempts to provide only accurate information, but some inaccuracies occasionally may be present on the Site.   By using the Site, you agree that Best of Travel, LLC is not responsible or liable for any damage, loss, or injury caused by the use of or reliance on any information found on the Site.   If you find any information on the Site to be inaccurate, please alert Best of Travel, LLC.  

10. Termination.   Best of Travel, LLC, in its sole discretion, may terminate your use of the Site for any reason, including but not limited to situations in which Best of Travel, LLC believes that you have violated or acted inconsistently with the these Terms.   Best of Travel, LLC may also, in its sole discretion, and at any time, modify or discontinue providing the Site, or any part thereof, with or without notice.   Best of Travel, LLC is not liable to you or any third-party for any termination of your access to the Site or any modification or termination of the Site.  

11. Disclaimers.   THE SITE IS PROVIDED “AS IS,” AND BEST OF TRAVEL, LLC AND ITS PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY), INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.   WITHOUT LIMITING THE FOREGOING, BEST OF TRAVEL, LLC DOES NOT PROMISE OR WARRANT TO YOU THAT ANY ASPECT OF THE SITE WILL WORK PROPERLY, OPERATE ERROR-FREE, OR WILL BE AVAILABLE CONTINUOUSLY.   ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.   NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BEST OF TRAVEL, LLC OR THROUGH OR FROM THE SITE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.   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, which vary from state to state.   Best of Travel, LLC also disclaims any and all liability for any acts or omissions of any third parties on the Site, in connection with the Site, or otherwise related to your use of the Site.   Best of Travel, LLC is not responsible for the goods, services, actions, or omissions of any third party in connection with or referenced on the Site.  

12. Limitation on Liability.   YOU EXPRESSLY UNDERSTAND AND AGREE THAT BEST OF TRAVEL, LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS ARE NOT LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF BEST OF TRAVEL, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.   FURTHER, IN NO EVENT WILL BEST OF TRAVEL, LLC BE LIABLE TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SITE OR THESE TERMS IN AN AMOUNT GREATER THAN $250.   Some states do not allow the foregoing limitations of liability, so they may not apply to you.  

13. Dealings with Advertisers and Partners.   Your correspondence or business dealings with or participation in promotions of advertisers or partners found on or through the Site, including but not limited to payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or partner.   You agree that Best of Travel, LLC is not responsible or liable for any loss, damage, or injury of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the Site.  

14. Jurisdiction and Arbitration of Disputes.   All matters relating to your access to and use of the Site are governed in all respects by the laws of the State of Texas as such laws are applied to agreements entered into and to be performed entirely within Texas between Texas residents.   You agree that any action at law or in equity arising out of or relating to these Terms or arising out of your use of this Site will be resolved through binding arbitration using the then-current rules of the American Arbitration Association, in Dallas, Texas, and the resulting decisions may be entered in any court with proper jurisdiction.   This means that if you have a grievance with us, you cannot take us to court.   You can address such grievances through arbitration only, and you are hereby consenting to do so in Dallas, Texas, using Texas' laws, without regard to Texas' rules on conflict of laws.   Any such controversy or claim must be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party.   Notwithstanding the foregoing, either party may seek any interim or preliminary relief from a court of competent jurisdiction in Dallas County, Texas as necessary to protect the party’s rights or property pending the completion of arbitration.   By using this Site, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Dallas County, Texas.  

15. Indemnity.   You agree to indemnify, defend, and hold harmless Best of Travel, LLC, and its subsidiaries, affiliates, officers, agents, advertisers, partners, and employees, from any claims, damages, expenses (including reasonable attorneys’ fees), allegations, losses and liabilities arising from or related to any breach by you of these Terms or your use of the Site.  

16. Notice and Procedure for Making Claims of Copyright Infringement.   If you have a claim of copyright infringement, you must send proper written notification to the following email address: Legal@BestofTravel.com. Best of Travel, LLC has no obligation to respond to any notification that does not comply with the United States Copyright Act.  

17. General.   If any portion of these Terms is deemed unenforceable, that portion will be enforced to the maximum extent possible, and the remaining portions of these Terms will be given full effect.   Best of Travel, LLC’s failure to act in a particular circumstance does not waive the ability to act with respect to that circumstance or similar circumstances in the future.   Best of Travel, LLC will be excused for any failure to perform to the extent that its performance is prevented by any reason outside of its reasonable control.   No agency, partnership, joint venture, employment, or franchise relationship is intended or created by these Terms.   Best of Travel, LLC may require registration and/or payment to continue use of any aspect of the Site at any time.   If an express conflict exists between these Terms and the terms of a separate agreement between you and Best of Travel, LLC, the terms of that separate agreement will control for purposes of that separate agreement.  

18. Modifications to These Terms.   Best of Travel, LLC reserves the right to modify these Terms periodically upon notice.   For a period of 30 days following a change to these Terms, Best of Travel, LLC will post a notice announcing the change in a prominent place on the Site.   Best of Travel, LLC may also notify you of a change via email.   You acknowledge and agree that the notification methods described in this Section 18 are reasonable and adequate.   BY CONTINUING TO USE THE SITE AFTER BEST OF TRAVEL, LLC’S POSTING OF SUCH CHANGES, YOU AGREE TO BE BOUND BY THESE TERMS AS MODIFIED.   IF YOU DO NOT AGREE TO THE TERMS IN THIS ‘TERMS OF USE’, PLEASE DO NOT ACCESS OR USE THE SITE.  

Updated March 5, 2008
   
 
   

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