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Terms of Use

IMPORTANT: READ THESE TERMS OF SERVICE AND OUR PRIVACY POLICY, BEFORE USING THE HARRISON HOT SPRINGS RESORT & SPA WEBSITE ("WEBSITE").  YOUR USE OF THE WEBSITE WILL INDICATE YOUR ACCEPTANCE OF ALL OF THE FOLLOWING TERMS.  If this Agreement and the Privacy Policy are not acceptable to you, do not use this Website.  Harrison Hot Springs Resort & Spa, Inc.  reserves the right to modify or discontinue this Website and these terms of use with or without notice to users.

1. Limitations on Use:  This Website is owned and operated by Harrison Hot Springs Resort & Spa, Inc. ("Harrison") for the user's personal, noncommercial use.  You agree not to modify, copy, distribute, transmit, retransmit, disseminate, display, broadcast, circulate, perform, reproduce, publish, license, create derivative works from, transfer, sell, or commercially exploit, in any way, any information, content, documents, graphics, software, products or services ("Materials") obtained from this Website, except that user may view the Website content in its present form and user may download on any single computer one (1) copy of the Materials for personal, noncommercial home use, provided user keeps intact all copyright, trademark and other proprietary notices.  The use of any Materials on any other website or networked computer environment is expressly prohibited.  User recognizes that unauthorized use of Website content may subject user to civil or criminal liability.
2. The Materials and this Website are the property of Harrison or others and are protected by United States copyright law and international copyright treaties.  You agree to comply Harriosn with reasonable requests by Harrison to protect Harrison's contractual, statutory and common law rights in the Materials.  Notwithstanding copyright protection of individual elements appearing on this Website, this Website is protected by copyright law as a collective work and/or compilation.  You agree to abide by any and all copyright notices, information, or restrictions contained on this Website.  Permission to use the copyrighted content on this Website for commercial purposes must be obtained through the prior written consent of Harrison.  Harrison may withhold its consent for use of the copyrighted content for commercial purposes.  Harrison will strictly enforce its intellectual property rights under the copyright laws.
3. This Website is protected under United States trademark law.  The trademarks, tradenames, logos, service marks, product names, and company names (the “Trademarks”) appearing on this Website are registered and unregistered Trademarks of Harrison.  All other trademarks, logos, service marks, product names, and company names on this Website are the property of their respective owners.  Under no circumstances should anything appearing on this Website be construed as granting by implication, estoppel, or otherwise, any form of license or authorization to use, reproduce, or distribute the Trademarks displayed on this Website.  Licenses to use Trademarks appearing on this Website may be obtained through Harrison's prior written consent.  Harrison may withhold its consent.  Misuse of Trademarks or any Materials comprising this Website is strictly prohibited. You agree to abide by any and all trademark and service mark notices, information, or restrictions contained on this Website.  Any copied or downloaded content must retain all trademark and service mark notices.  Harrison will strictly enforce its intellectual property rights under the trademark laws.
4. The Materials published on this Website may include inaccuracies or typographical errors.  Harrrison does not warrant or make any representations regarding the use or the results of the use of the Materials in this Website in terms of their correctness, completeness, accuracy, timeliness, reliability, or otherwise.
5. Harrison makes no representations about the suitability of the materials contained on this Website for any purpose.  THE MATERIALS ARE PROVIDED TO YOU ON AN "AS IS" BASIS.  THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, NO WARRANTY FOR TITLE, NO WARRANTY FOR NON-INFRINGEMENT, AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE MATERIALS.  HARRISON MAKES NO WARRANTY OR GUARANTY THAT THE MATERIALS OR FUNCTIONS CONTAINED IN ITS WEBSITE MATERIALS ARE ERROR-FREE OR THAT THEY WILL BE UNINTERRUPTED OR THAT THEY WILL BE CORRECTED.  HARRISON MAKES NO WARRANTIES (EITHER EXPRESS OR IMPLIED) AND IS NOT RESPONSIBLE FOR ANY DAMAGE INCURRED TO YOUR HARDWARE, SOFTWARE, DATA, OR PROPERTY RESULTING FROM USAGE OF THE MATERIALS OR ANY PORTION OF THIS WEBSITE, OR THROUGH ANY VIRUS, WORM, TROJAN HORSE, COMPUTER CODE OR PROGRAMMING DEVICE TRANSMITTED THROUGH THE MATERIALS OR ANY PORTION OF THIS WEBSITE.  HARRISON MAKES NO REPRESENTATIONS OR WARRANTIES THAT ITS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CODES OR DEVICES.
6. IN NO EVENT WILL HARRISON BE LIABLE TO YOU OR ANYONE ELSE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, DIRECT OR INDIRECT DAMAGES OR LOSSES (INCLUDING BUT NOT LIMITED TO LOST PROFITS AND DAMAGES THAT RESULT FROM ACCURACY, COMPLETENESS, TIMELINESS, OR INCONVENIENCE, DELAY, TRANSMISSION ERROR, UNAUTHORIZED USE, OR UNAVAILABILITY OF THE WEBSITE), OR FROM THE MATERIALS OBTAINED THROUGH THIS WEBSITE, OR ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THIS WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE EVEN IF TENAYA HAS BEEN ADVISED OF SUCH DAMAGES OR LOSSES.  SOME STATES DO NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, THE EXCLUSION OR LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THAT THESE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
7. You agree to indemnify and hold Harrison, its officers, directors, employees, and agents, harmless from and against any and all claims, actions, or demands, losses, liabilities, costs and expenses (including but not limited to attorneys’ fees incurred by Harrison in connection with your violation of third party’s rights) arising from your violation of these terms of service or any third parties rights.
8. This Website may contain links to third-party websites.  The links are provided solely as a convenience to you and not as an endorsement by Harrison of the content on such third-party websites.  Harrison does not control or guaranty the accuracy or integrity of the content located on linked third-party websites.  Harrison is not responsible and assumes no liability for the information, content, or software of linked third-party websites and does not make any representations regarding the content, quality, safety or accuracy of materials on such third-party websites.  If you decide to access third-party websites, you do so at your own risk.
9. You acknowledge that, in providing the Materials on this Website, Harrison has relied upon your agreement to be bound by this Agreement, and the Privacy Policy.  If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.  No waiver of any term of this Agreement shall be deemed a continuing waiver of such term or any other term. This Agreement shall not be construed or deemed to create any partnership, joint venture, agency, franchise, or other form of agreement or relationship than expressly set forth herein. This Agreement and performance hereunder shall be governed by the laws of the State of New York without regard to conflict of laws provisions, and applied to agreements entered into and completely performed in the State of New York.  Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement or Privacy Policy shall be an appropriate State or Federal Court located in the State of New York, County of Erie.  You agree to submit to jurisdiction and venue in any State or Federal Court located in the State of New York, County of Erie.  This Agreement and Privacy Policy constitute the entire Agreement between you and Tenaya with respect to use of the Website.
10. This Agreement is only assignable by Harrison.