LEGAL NOTICE
Welcome to the Fairmont Heritage Place web site (the “FHP Site”). Fairmont Heritage Place provides the FHP Site and all Content and services available within the FHP Site (collectively, the “Materials”) subject to the following terms and conditions. As used in this Legal Notice, the words “you” and “your” refer to any person accessing the FHP Site. The words “we,” “us,” and “our” refer to Fairmont Heritage Place.
By using the FHP Site, you signify your assent to all terms and conditions of use set forth in this Legal Notice including, without limitation, all applicable privacy policies (collectively, the "Terms"). If you do not agree to these Terms, do not use the FHP Site. We reserve the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time. Please check periodically for changes. Your continued use of the FHP Site following the posting of additions or changes to these Terms will mean that you accept those changes.
1. Trademarks
The FAIRMONT, FAIRMONT HERITAGE PLACE, FAIRMONT HOTEL AND RESORTS, trademarks and service marks and other logos and product and service names are registered and common law trademarks owned by us or by our affiliates (the "FHP Marks"). These trademarks are protected under U.S. and other foreign laws. Other product and company names mentioned in the FHP Site may be the trademarks of their respective owners, and are used via license or under “fair use” principles. You agree not to display or use, in any manner, the FHP Marks, or any other third party trademarks, without our express prior written permission.
2. Privacy
Personal data that we receive through the FHP Site is subject to our Privacy Policy. Please click here to view our Privacy Policy.
3. Ownership of FHP Site and Contents
The FHP Site is owned by us. Unless otherwise noted, all information, text, graphics, illustrations, designs, icons, photographs, video clips, images, sounds, software, links and all other items and other materials that we publish or otherwise display on the FHP Site (collectively, the "Content") are copyrighted works exclusively owned by us or otherwise licensed to us by third parties who retain copyright ownership.
Except as specifically provided herein, the Content may not be copied, distributed, displayed, reproduced or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without our prior written permission.
You may download and reproduce the Content solely for your personal and non-commercial use and subject to the following restrictions and limitations: (a) you receive only a limited, non-exclusive, license to the Content (and not a transfer of title); (b) the Content may not be modified or used for any commercial purpose or public display, performance, sale, rental, lease, or licensing; (c) the Content that is software may not be decompiled, reverse engineered or disassembled in any manner whatsoever; (d) no copyright or other proprietary notices may be altered, obstructed, or removed from the FHP Site or the associated Content; (e) the Content may not be transferred to another person; and (f) every person downloading, reproducing, or otherwise using the Content, hereby agrees to prevent any copying of the Content not authorized by this Legal Notice.
You are responsible for maintaining the confidentiality of any passwords or account information and are fully responsible for all activities under your password or account. You must immediately notify us of any unauthorized use of your password or account or breach of any security. We are not responsible for any loss or damage you incur arising from your failure to comply with this term of the Legal Notice.
In addition to the other restrictions contained in this Legal Notice, you acknowledge and agree that you will not, directly or indirectly, without our prior express written consent:
(1) disguise the origin of information transmitted to or through this FHP Site;
(2) access or use this FHP Site or any Materials for any purpose or in any manner inconsistent with the terms and provisions of this Legal Notice;
(3) violate any international, federal, state, provincial, or local law, rule or regulation while accessing or using this FHP Site or any Materials;
(4) infringe upon or violate the intellectual property rights, privacy rights, moral rights, rights of attribution or any other similar rights of any individual or entity while accessing or using this FHP Site or any Materials or when posting any content or information on the FHP Site;
(5) post, publish or transmit any information on this FHP Site that is abusive, defamatory, false, harassing, inaccurate, inappropriate, libelous, misleading, offensive, obscene, sexually explicit, threatening, unlawful, vulgar or otherwise objectionable;
(6) post or publish any information on this FHP Site that is intended to advertise or solicit business, including any multi-level marketing scheme, or that is a chain letter or part of a pyramid scheme;
(7) harvest or collect information from the FHP Site (including any user information) for the purpose of sending unsolicited bulk e-mail or other forms of unsolicited bulk communications;
(8) install, upload or otherwise introduce any material to this FHP Site that contains any spyware, adware, time bombs, trojan horses, viruses, worms or other computer programming routines that could alter damage, expropriate, intercept or interfere with this FHP Site or any Materials;
(9) frame or utilize framing techniques to enclose any portion or aspect of the FHP Site;
(10) corrupt, hack, modify or otherwise tamper with this FHP Site or any Materials;
(11) impersonate any individual or misrepresent your affiliation with any individual or entity;
(12) access or use the FHP Site in any manner that reflects negatively on our reputation or goodwill; or
(13) post content or information in areas of the FHP Site not expressly designated and approved by us for posting.
We reserve the sole and absolute discretion to deny, revoke, or otherwise restrict the access privileges of any user who at any time fails to comply with this Legal Notice.
4. Indemnity
You agree to indemnify and hold Fairmont Heritage Place, and its subsidiaries, affiliates, officers, agents, service providers, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any content you submit, post, transmit or make available through the FHP Site, your use of the FHP Site, your violation of any of this Legal Notice, or your violation of any rights of another.
5. Disclaimer
WE DO NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS FHP SITE OR ANY MATERIALS, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, APPROPRIATENESS, PERFORMANCE, QUALITY, SECURITY, TIMELINESS, CURRENCY, COMPLETENESS, EFFECTIVENESS, MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
TO THE FULLEST EXTENT ALLOWED BY LAW, WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER CLAIM OR DAMAGE (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION AND LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE FHP SITE OR MATERIALS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Links To Other Web Sites
As a courtesy to you, the FHP Site may contain links to web sites and resources owned by other individuals and entities (collectively, the “Third Party Sites”). If you utilize the links to the Third Party Sites, you will leave the FHP Site. If you decide to visit the Third Party Sites, you agree that (1) you do so at your own risk, (2) we are not endorsing, nor are we responsible for, the information, advertising or the content contained on the Third Party Sites, or the products or services promoted, offered by or sold on the Third Party Sites; (3) your access to and use of the Third Party Sites is subject to the Third Party Sites’ terms and conditions of use (including their respective privacy polices), and (4) we are not responsible for the availability of the Third Party Sites.
7. Complaints About Perceived Intellectual Property Infringement
We respect the intellectual property of others, and we ask users of the FHP Site to do the same. We may, in appropriate circumstances and at its discretion, deny access to users who, in our discretion, infringe the intellectual property rights of others. If you believe that materials posted on the FHP Site infringes rights you enjoy under United States copyright law in specific materials, please direct your concerns to our copyright agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) to respond to such concerns.
Our designated agent for notice of claims of copyright infringement can be reached as follows:
By mail: Fairmont Hotels & Resorts
Canadian Pacific Tower
100 Wellington Street West, Suite 1600
TD Centre, P.O. Box 40
Toronto, Ontario, Canada M5K 1B7
Attention: Designated Copyright Agent
By phone: 416-874-2600
By e-mail: fhp@fairmont.com
By fax: 416-874-2782
8. Comments
With respect to all communications made or sent to us including, without limitation, feedback, questions, comments and suggestions ("Comments") you agree that: (a) we are free to reproduce, use, disclose and distribute Comments (and the contents therein) via any means and in any manner, in its sole discretion.
Please use Internet E-Mail only to send us non-confidential notes. Do not include confidential personal or private information. For your protection, our responses will not include any confidential information. Please do not use Internet E-Mail to send us transaction instructions. Customers who choose to send Internet E-Mail messages to us that contain confidential, private or personal information do so entirely at their own risk.
9. Choice of Law; Statute of Limitations
You agree that the laws of the State of Delaware shall govern all issues, disputes and matters arising under this Legal Notice. You agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in Delaware. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the FHP Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.
10. Miscellaneous
Except to the extent expressly provided in another written agreement between you and us, the terms of this Legal Notice constitute the entire agreement between you and us with respect to the subject matter hereof, and it supersedes any prior agreements between you and us with respect to the subject matter hereof. If any term or provision under this Legal Notice is found to be invalid or unenforceable by any court having competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining terms and provisions of the Legal Notice which shall remain in full force and effect. Any failure of us to exercise or enforce any term or provision of this Legal Notice shall not be deemed a waiver of such term or provision. We may assign our rights and obligations under these to any individual or entity at any time and without notice to you. The section headings used herein are for convenience only and have no legal effect.
11. How To Contact Us
For further information, please contact us:
By mail: Fairmont Hotels & Resorts
Canadian Pacific Tower
100 Wellington Street West, Suite 1600
TD Centre, P.O. Box 40
Toronto, Ontario, Canada M5K 1B7
Attention: Executive Director, Marketing & Strategy
Fairmont Heritage Place
By phone: 416-874-2600
By e-mail: fhp@fairmont.com
By fax: 416-874-2782
