Certain unscrupulous individuals sometimes try to trade upon La Jolla Cove Suite's good will and reputation. Occasionally, such individuals make unauthorized use of the name or words "La Jolla Cove Suites" to attract others to their websites. Such use is not authorized, approved or sanctioned by the Hotel, and the Hotel strongly objects to this form of exploitation, because it falsely suggests that there is an association, connection, sponsorship or approval, of other websites by the Hotel, and because it tends to dilute the good will and reputation of the company. In the event that you come across a website using the La Jolla Cove Suite's trademark logo, business designators or symbols and you believe that such use might not be authorized, please contact us by e-mailing our General Counsel's office with the infringing information.
This Web site (www.lajollacove.com) is the interactive online service operated by La Jolla Cove Suites on the World Wide Web. It consists of information, services, and content provided by an internet service provider. "Subscriber" is any person who accesses the La Jolla Cove Suite's web site. By accessing the web site, subscriber is deemed to have agreed to comply with all of the terms and conditions hereof.
The internet service provider and La Jolla Cove Suites persuant to their respective services shall have the right at any time to change or discontinue any aspect or feature of the web site or service, including, but not limited to, content, hours of availability, and equipment needed for access or use.
The internet service provider and La Jolla Cove Suites shall have the right at any time to change or modify the terms and conditions applicable to subscriber's use of the web site or any part thereof, or to impose new conditions, including but not limited to, adding fees and charges for use. Such changes, modifications, additions, or deletions shall be effective immediately upon posting on the web site or by any means of notification by which subscriber obtains actual knowledge thereof. Any use of the online services by subscriber after such notice shall be deemed to constitute acceptance by subscriber of such changes, modifications, additions or deletions.
Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of the online services and all charges related thereto.
(A) Subscriber shall use the web site for lawful purposes only. Subscriber shall not post or transmit through the web site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct that would constitute criminal offense, give rise to civil liability or otherwise violate any law, or which, without the internet service provider's and/or La Jolla Cove Suite's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a subscriber that in the service provider's and/or La Jolla Cove Suite's discretion restricts or inhibits any other subscriber from using or enjoying the web site will not be permitted.
(B) The web site contains copyrighted material, trademarks and other proprietary information including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the web site are copyrighted as a collective work under the United States copyright laws. The service provider and La Jolla Cove Suites owns and/or controls copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, publication or commercial exploitation of downloaded material will be permitted without the express permission of La Jolla Cove Suites and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.
(C) Subscriber shall not upload, post or otherwise make available on the web site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber may upload public domain materials and is responsible for and assumes all risks with respect to the determination of whether materials uploaded are in the public domain. Subscriber shall be solely liable for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such submission. Subscriber hereby grants the La Jolla Cove Suite the right to edit, copy, publish and distribute any material made available on the online services by subscriber, including but not limited to any material posted by subscriber and any email queries submitted by subscriber to La Jolla Cove Suites.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF THE Web site IS AT SUBSCRIBER'S SOLE RISK. LA JOLLA COVE SUITES DOES NOT WARRANT THAT THE ONLINE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE Web site, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE ONLINE SERVICES.
(B) THE ONLINE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
The service provider shall have the right, but not the obligation, to monitor the content of the web site to determine compliance with this Agreement and any operating rules established by the internet service provider. The internet service provider shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the web site. Without limiting the foregoing, the internet service provider shall have the right to remove any material that it finds to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any subscriber who fails to conform to any provision of this subscriber's agreement access to the web site.
Subscriber agrees to indemnify and hold harmless La Jolla Cove Suites from and against all claims and expenses, including attorneys' fees, arising out of the use of the web site by subscriber or subscriber's account.