Please carefully read the following terms and conditions since they govern all access to, and use of, La Quinta's websites.
Acceptance of Terms:
The following definitions apply to this Agreement:
"You," the "user," or "users" include you, your parent, affiliate, subsidiary and related companies, and the officers, directors, employees, agents, representatives, personnel, independent contractors, consultants, subcontractors, licensors and other third-party providers of yours and theirs.
"La Quinta" means LQ Management LLC, and includes any subsidiaries it may have.
"Site" means any of the Internet Websites known by the universal resource locators ("URLs") and domain names: http://www.lq.com, http://www.laquinta.com or any other URLs or domain names of La Quinta, and all pages, sections, areas and parts of them and Information (as defined herein) displayed, presented or found at or through it.
"Information" means and includes: (1) all text, content, data, information, video, audio, images, messages, advertising, marketing, promotional, and other materials and items that are published, provided, presented, found, offered, described and/or made available at or through any Site, regardless of whether La Quinta or a third party is the original author of, or is responsible for, the information; and (2) all pages, areas and parts thereof that are accessible and made available to the user. The term Information also includes Trademarks (as defined herein) and Documents (as defined herein).
"Documents" means materials and documents of third parties submitted by La Quinta and published or found at or through any Site.
Ownership of the Sites and Information:
This Site is owned and operated by LQ Management LLC. The Information is copyrighted material of the respective owner and protected by the terms and conditions of this Agreement and other terms and conditions found at this Site and by the statutes, regulations, ordinances, judicial and governmental decisions, requirements and other laws of the fifty states, as well as of the federal government of the United States of America, including without limitation, those governing agreements, contracts, commercial engagements and those protecting intellectual property and other proprietary rights, and U.S. and international copyright laws and other laws. All logos, page headers, custom graphics, images, buttons, graphics, icons, symbols, trade names, trademarks, service marks, and other names, descriptions, brands and marks, whether registered or not ("Trademarks") found at any Site or in the Information are owned by La Quinta or others, and are protected by such law, including those specifically addressing rights of trademark owners. In addition, the hardware and software components, electronically-stored databases, and individual items within those databases that comprise the computer networks and systems that operate any Site and are used to make Information available at any Site also belong to La Quinta and, in some cases third-party providers, and also represent the proprietary property of La Quinta or its third-party providers.
No Rights to La Quinta or Third-Party Provider Property:
Neither La Quinta nor its third-party providers are granting or transferring to you or any other person or entity, by virtue of access or use of this Site, any title or any ownership rights or interests in any Information found at this Site or accessed or used through it, including without limitation the Trademarks, or any other Information or asset belonging to La Quinta or a third-party provider.
You may only create a link from your personal computer or website to this Site home page for the purpose of making a reservation, enrolling in one of our programs or to obtain information on La Quinta and its business. This limited right to link does not create any relationship between you and La Quinta (whether contractual or otherwise). You shall not charge a fee in connection with the use of a link to this Site nor shall La Quinta be obligated to pay any compensation in connection therewith, unless there is a written agreement between you and La Quinta providing otherwise. Your link may not, however, use any Trademarks or Information of La Quinta or any third-party providers.
Limited Rights to Use any Site:
On the condition that you agree that your use is governed by the terms and conditions of this Agreement, La Quinta hereby grants you a limited, non-exclusive, non-assignable, non-transferable, revocable license to access and use the Information found at this Site for the limited purposes expressly permitted in this Agreement. You may view, display, download into the memory of your own personal computer; provided, however, (1) that you do so only for purposes of receiving, accessing, analyzing and using the Information made available at this Site in accordance with the terms and conditions hereof, for your personal, non-commercial use only; and (2) that you do not remove, alter, change, obscure or delete any copyright, trademark, or other proprietary notice or legal notices in or on any portions of this Site. No rights are granted to you except those expressly stated here.
If, at any time, La Quinta requires registration in order to access or use any areas or Information at this Site, you agree to: (1) provide true, complete, accurate and current data, as requested in the registration process (the "Registration Data"); (2) maintain and update the Registration Data promptly as required herein; (3) prevent unauthorized access or use by you or others by using your user identification number and/or passwords; (4) promptly report any unauthorized use or disclosure of your password or other breach of any Site security; and (5) not assign or transfer (or attempt to do the same) any rights granted to you under this Agreement. La Quinta reserves the right to suspend, and/or to refuse any further, access or use of any Site or Information, if La Quinta learns or reasonably suspects that your Registration Data is false or inaccurate, if you refuse to provide complete and updated registration information, or you misuse or permit another to use your password who is not authorized to do so.
Restrictions, Limitations and Conditions Applicable to Your Use of the Sites:
As a condition of your rights to access or use this Site, you must use this Site and all Information found at this Site for lawful purposes only and only as expressly permitted in this Agreement. You agree to NOT do any of the following, in any manner whatsoever, alone or through any other person or entity, and your compliance is something that La Quinta, in its sole and absolute discretion, shall determine:
(1) Restrict or inhibit any authorized users from accessing or using this Site, Information or Documents;
(2) Transmit to or introduce at this Site any viruses intended to damage, interfere with, disrupt, intercept or expropriate this Site or the Information ("Viruses"), or otherwise implement or engage in on-line activities, attacks or actions in a manner that have a disruptive or detrimental effect ("System Attacks");
(3) Use this Site for any purposes that are unlawful or illegal or that could give rise to civil or criminal liability or actions against La Quinta, you or any third party;
(4) Use this Site, the Information, or the Documents for any unlawful or illegal purposes under any law, regulation or legal requirement; or
(5) Post, submit, upload, e-mail or otherwise transmit any content, material or other thing at, to or through this Site that (i) infringes or violates the rights of others, including without limitation, copyright, trademark, trade secret or other intellectual property and proprietary rights, privacy or publicity rights; or (ii) has an advertising, marketing, promotional or other business or commercial purpose.
Responsibility and Liability for Use:
You shall be solely liable for any lawsuits, claims, proceedings, actions, harm and other liability, or any damages, losses, expenses, fees (including reasonable attorney's fees and expenses), judgments, awards, penalties, settlement amounts, fines, or other costs associated therewith (collectively, "Damages") resulting from use or any misuse of any Site, Documents or Information, including without limitation, violation of the restrictions, limitations and conditions upon use and infringement of copyright, trademark or other proprietary right, and any other Damages.
Notice Regarding Links to Other Websites and Third-Party Documents and Information; Disclaimer by La Quinta:
This Site may point or link to other websites or to web pages or documents hosted on other websites ("Linked Sites"). None of the links create or constitute, nor are they intended to create or constitute, any legal affiliation or relationship between La Quinta and any other person. La Quinta does not own or control the Linked Sites and is not the author or owner of any third-party Documents or other Information. Accordingly, La Quinta cannot represent or guarantee that the Linked Sites will be accessible or operational or the user will be able to reach the Linked Sites, and the links should not be construed as an endorsement by La Quinta of any Information or Documents of a third party, unless expressly set forth in this Site. Therefore, La Quinta is not responsible or liable to you for any Damages, all of which it hereby disclaims, related to your use of any Linked Site.
Disclaimers and Limitations of Liability:
Disclaimer of Warranties:
ALL INFORMATION AND OTHER MATERIALS, PRODUCTS, SERVICES AND FEATURES ON THIS SITE ARE PROVIDED "AS-IS" - WITH ALL FAULTS, LIMITATIONS AND ERRORS - BASIS AND WITHOUT ANY REPRESENTATION, WARRANTY OR GUARANTY FROM LA QUINTA WHATSOEVER, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED OR ARISING BY STATUTE OR LAW OR ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR APPLICATION OR WARRANTY OF MERCHANTABILITY, TITLE OR NON-INFRINGEMENT, ALL OF WHICH LA QUINTA HEREBY DISCLAIMS.
Disclaimer Regarding Site Access:
LA QUINTA SHALL HAVE NO RESPONSIBILITY TO PROVIDE YOU WITH ACCESS TO THIS SITE OR ANY LINKED SITE, OR ANY DOCUMENTS OR INFORMATION ACCESSED OR USED AT OR THROUGH THIS SITE OR ANY OF THE LINKED SITES. FURTHER, LA QUINTA SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE TIMELINESS OR CORRECT SEQUENCING OF, OR ANY DAMAGES DUE TO THE UNAVAILABILITY DURING ANY PERIOD OF INTERRUPTION OR DELAY IN SERVICE OF, ANY OF THE FOREGOING, REGARDLESS OF THE CAUSE.
Limitations of Liability:
YOU HEREBY ACKNOWLEDGE AND AGREE THAT LA QUINTA IS NOT RESPONSIBLE FOR ANY ACCESS OR USE BY YOU OF THIS SITE OR INFORMATION FOUND OR PRODUCTS, SERVICES OR OTHER ITEMS PURCHASED OR ACQUIRED AT OR THROUGH ANY LINKED SITE OR THIRD PARTY WHOSE DOCUMENTS OR INFORMATION ARE FOUND AT THIS SITE, OR FOR ANY DAMAGES CAUSED BY SAME.
General Disclaimer of Damages:
LA QUINTA HAS NO RESPONSIBILITY OR LIABILITY TO YOU OR ANYONE ELSE FOR ANY DAMAGES THAT MAY RESULT FROM OR IN CONNECTION WITH ACCESS OR USE OF THIS SITE OR INFORMATION AT THIS SITE OR PRODUCTS, SERVICES OR OTHER ITEMS PURCHASED OR LICENSED AT OR THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION, ACTUAL OR DIRECT DAMAGES OR INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, REGARDLESS OF THE LEGAL THEORY UPON WHICH THEY ARE BASED. LA QUINTA HEREBY DISCLAIMS ALL SUCH DAMAGES.
Indemnification from the User:
YOU AGREE TO RELEASE, INDEMNIFY, DEFEND AND HOLD LA QUINTA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ITS THIRD-PARTY PROVIDERS HARMLESS FROM AND AGAINST ALL DAMAGES DUE TO CLAIMS ARISING FROM OR RELATED TO YOUR ACCESS OR USE OF THIS SITE, AND/OR ANY DOCUMENTS OR INFORMATION OBTAINED AT OR SERVICES OFFERED ON THIS SITE.
Access to the Site:
You are solely responsible for providing, maintaining, supporting, operating and paying for all equipment, operating systems, browsers, applications, and other hardware, software and system components, as well as telephone, cable or data communications lines and connections, that are necessary to access and use any Site through the Internet. La Quinta reserves the right to refuse assistance to or to charge additional fees if you seek assistance from La Quinta regarding use of your system or equipment or basic background computer or Internet-use information or any other matters not directly related to the operation of this Site.
Minors and the Child On-Line Privacy and Protection Act:
Child Online Protection Act Notification:
Pursuant to 47 U.S.C. Section 230(d) as amended, La Quinta hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at: http://www.eff.org/pub/Censorship (which is the Electronic Frontier Foundation Website) and at the Website for America Links Up, http://www.netparents.org.
Your rights to use this Site shall terminate immediately upon your violation of any of the terms, conditions or restrictions stated in this Agreement, without the necessity of La Quinta sending you notice or otherwise advising you of your loss of rights. Termination or cancellation of this Agreement shall not affect any right or relief to which La Quinta may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will terminate and revert to La Quinta.
Claims Regarding Your Use of This Site:
If La Quinta brings a lawsuit, claim or other proceeding against you to enforce this Agreement or brings you into one in connection with enforcement of this Agreement (a "Claim"), La Quinta shall be entitled to recover from you (and you agree to pay), in addition to all Damages that may be awarded, reasonable and necessary attorney's fees and any costs of litigation. This Agreement shall be governed by the laws of the state of Texas, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. Further, any such Claim may be brought in the state or federal courts located in Dallas, Dallas County, Texas. You agree to submit to the personal jurisdiction of such courts and hereby appoint the Secretary of State of Texas as your agent for service of process. If any provision of this Agreement is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision); and, as so reformed or modified, fully enforce this Agreement.
Entire Agreement; Changes to this Agreement:
The terms of this Agreement, as posted at this Site, constitute the entire and exclusive agreement between you and La Quinta regarding this Site and its use and supersede all other agreements, understandings and communications regarding the subject matter of this Agreement, if any, both oral or written, whether made prior or subsequently to or contemporaneously with your use of this Site. La Quinta retains the right to modify the terms or conditions of this Agreement at any time without notice or warning. You are bound to all changes La Quinta may make to these terms and, therefore, should periodically revisit these terms and review them to make sure you comply with all changes. If at any time you cannot comply with any of the terms and conditions of this Agreement, then you should terminate and discontinue all access to and use of this Site.
Modifications to the Site:
La Quinta reserves the right to modify the Sites at any time and, in its sole discretion, may make modifications to the Sites, including without limitation, with respect to the Information, advertising, links, product, services and features found at the Sites or acquired through them (of La Quinta and/or third-party providers).
You are responsible for obtaining and securing, and shall obtain and secure, any and all authorizations, licenses and permits required by any United States or foreign governmental or judicial authority in connection with use of this Site, including without limitation, for the export of any data, software, documents, technology or other matter subject to export control laws and regulations or any governmental authority. Unless otherwise specified, the Information found at or accessible through this Site is presented solely to provide data regarding La Quinta and to promote La Quinta properties and, as applicable, third-party provider products/services available in the United States, its territories, possessions and protectorates. This Site is controlled and operated by La Quinta from its offices within the state of Texas, the United States of America. La Quinta makes no representation that Information found at or accessible through this Site is appropriate or available for use outside the United States. Users electing to access this Site from outside the United States acknowledge that they do so on their own initiative and are responsible for compliance with all applicable local laws. Software available at or accessible through this Site is further subject to United States export controls. No software may be downloaded or otherwise exported or re-exported (1) into (or to a national or resident of) any country to which the U.S. has embargoed goods, or (2) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using this Site, you represent and warrant that you (1) are not a national or resident of any such embargoed country, nor are you located in or under the control of one; and that you (2) are not on the aforementioned lists.