FREEHOTELCOUPONS.COM Website Terms and Conditions of Use
Please read the following Terms and Conditions of Use (“Terms”) carefully before using FREEHOTELCOUPONS.COM’S (“FREEHOTELCOUPONS.COM”, “our”, or “we”) website, nightlyhoteldeals.com, including but not limited to the www.nightlyhoteldeals.com Website, as well as any online content, features, products, services, mobile applications, and/or programs offered by FREEHOTELCOUPONS.COM. By accessing, using, or obtaining any content, products, or services through the Services (defined below), you agree to be bound by the following Terms. If you do not agree to any portion of these Terms, you should not access or otherwise use the Services. You should review these Terms regularly as they may change at any time at the sole discretion of FREEHOTELCOUPONS.COM.
We will make an effort to update this web page with any changes to these Terms and/or to the services described in these Terms and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appear at the end of these Terms).
“Content” means the text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Services, including Marks.
“Mark” means trademark, trade name, service mark, trade dress, logo, custom graphics, or icon.
“Member” means an individual who has registered with the Services. Members choose a Member ID and a password.
“Member ID” means the e-mail address you use (with your password) to login to our Services.
“Services” means the websites, mobile applications, and other products and services provided by FREEHOTELCOUPONS.COM, including any Content.
“User Content” means any Content created or contributed to the Website by any user of the Services.
“Website” means www.fhcoupons.wpengine.com, the mobile website and any mobile application.
- CONVENIENCE AND INFORMATION ONLY; ACCEPTANCE OF TERMS.
By merely providing access to the Website, FREEHOTELCOUPONS.COM does not warrant or represent that: (a) the Content is accurate, complete, up-to-date or current; (b) FREEHOTELCOUPONS.COM has any obligation to update any Content; (c) the Content is free from technical inaccuracies or typographical errors; (d) that the Content does not infringe on the intellectual property rights of any third party; (e) that the Content is free from changes caused by a third party; (f) your access to the Website will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through, or postings made on, the Website is accurate or complete. Your use of the Website and the services offered therein are subject to federal law and the law of the state of Tennessee (“Applicable Law”).
- YOUR WARRANTIES TO FREEHOTELCOUPONS.COM.
As a condition of your use of the Services, you warrant that:
- you are at least 18 years of age;
- you possess the legal authority to create a binding legal obligation;
- you will use the Services in accordance with these Terms;
- you will only use the Services to make legitimate reservations for you or for another person for whom you are legally authorized to act;
- you will inform such other persons about the Terms that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto;
- all information supplied by you to the Services is true, accurate, current and complete; and
- if you have a nightlyhoteldeals.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.
We retain the right at our sole discretion to deny access to anyone to the Services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms.
- PROHIBITED USE.
The content and information on this Website as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your itinerary (and related documents) for reservations booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
- use this Website or its contents for any commercial purpose;
- make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
- access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- violate, bypass, or circumvent any measures employed to prevent or limit access to this Website;
- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
- “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization.
- NO WARRANTIES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, THE ONLINE SERVICE AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. FREEHOTELCOUPONS.COM PROVIDES THE WEBSITE AND THE ONLINE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE, THE ONLINE SERVICE, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEBSITE ARE OR SHALL REMAIN UNINTERRUPTED, ERROR-FREE, OR COMPLETE, ARE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE, THAT THE CONTENT SHALL BE NON-INFRINGING ON ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, THAT DEFECTS SHALL BE CORRECTED, THAT THE WEB PAGES ON THE WEBSITE, THE ONLINE SERVICE, ANY ELECTRONIC COMMUNICATION OR THE SERVERS USED IN CONNECTION WITH THE WEBSITE ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PERSON USING THE WEBSITE WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE. FREEHOTELCOUPONS.COM DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AND/OR THE ONLINE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT FREEHOTELCOUPONS.COM SHALL HAVE ADEQUATE CAPACITY FOR THE WEBSITE AND/OR THE ONLINE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
- You agree to defend, indemnify and hold FREEHOTELCOUPONS.COM and its affiliates, subsidiaries, third party suppliers and distributors, owners, directors, officers, employees, and agents harmless from and against any and all claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of: (i) your failure to comply with these Terms; (ii) your breach of these Terms or the documents referenced herein; (iii) your use of the Services; and/or (iv) your violation of any laws or third party rights, including without limitation any copyright, property, or privacy right.
- LIMITATION OF LIABILITY.
IN NO EVENT WILL FREEHOTELCOUPONS.COM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS) ARISING FROM YOUR USE OF THE WEBSITE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, OR ANY FAILURE OR DELAY IN UPDATING OR INCLUDING CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, (C) FREEHOTELCOUPONS.COM’S PERFORMANCE OR NONPERFORMANCE OF ANY RESERVATIONS OR TICKETING FUNCTION, EVEN IF FREEHOTELCOUPONS.COM HAS BEEN ADVISED OF THE POSSABILITY OF SUCH DAMAGES, (D) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR COMPUTER SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (E) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, AND/OR (F) ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE BY ANY THIRD PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS FREEHOTELCOUPONS.COM’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF, HOWEVER, DESPITE THE LIMITATIONS SET FORTH IN THIS PARAGRAPH, FREEHOTELCOUPONS.COM SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH THE WEBSITE, THE CONTENT, AND/OR ANY SERVICES, FREEHOTELCOUPONS.COM’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE SHALL NOT EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE AMOUNT OF ANY TRANSACTION FEES AND/OR SERVICE CHARGES PAID BY YOU TO FREEHOTELCOUPONS.COM IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS WEBSITE, OR (B) ONE-HUNDRED DOLLARS (US$100.00) OR THE EQUIVALENT IN LOCAL CURRENCY. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of FREEHOTELCOUPONS.COM.
- THIRD PARTY CONTENT.
- This Website may contain hyperlinks to other websites maintained by third parties, or FREEHOTELCOUPONS.COM may provide third party content on the Website by framing or other methods. THE LINKS TO THIRD PARTY WEBSITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEBSITE IS NOT UNDER FREEHOTELCOUPONS.COM’S CONTROL AND FREEHOTELCOUPONS.COM IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEBSITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO THE WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK. FREEHOTELCOUPONS.COM’S INCLUSION OF HYPERLINKS TO THIRD PARTY WEBSITES DOES NOT IMPLY ANY ENDORSEMENT BY FREEHOTELCOUPONS.COM OF THE CONTENT ON SUCH WEBSITES OR ANY ASSOCIATION WITH THEIR OPERATORS.
- If a third party links to the Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with FREEHOTELCOUPONS.COM. In most cases, FREEHOTELCOUPONS.COM is not even aware that a third party has linked to the Website. A website that links to the Website: (i) may link to, but not replicate, FREEHOTELCOUPONS.COM’s Content; (ii) may not create a browser, border environment or frame FREEHOTELCOUPONS.COM’s Content; (iii) may not imply that FREEHOTELCOUPONS.COM is endorsing it or its products; (iv) may not misrepresent its relationship with FREEHOTELCOUPONS.COM; (v) may not present false or misleading information about FREEHOTELCOUPONS.COM’s products or services; and (vi) should not include content that could be construed as distasteful, offensive or controversial, and should contain only Content that is appropriate for all age groups.
- SOFTWARE AVAILABLE ON THIS WEBSITE.
Any software that we make available to download from this Website (“Software”) or through your mobile application store, including the FREEHOTELCOUPONS.COM mobile application (the “Mobile Application”) is the copyrighted work of FREEHOTELCOUPONS.COM and/or our respective suppliers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, non-exclusive, nontransferable license to download, install and use the Software and/or the Mobile Application for viewing and otherwise using this Website and/or accessing the content and information available within the Mobile Application (including, without limitation, price and availability of Services) in accordance with these Terms and for no other purpose.
Please note that all Software is owned by FREEHOTELCOUPONS.COM and/or its Suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
- COPYRIGHT AND TRADEMARKS.
The trademarks, service marks, brands, and logos used and displayed on the Website are FREEHOTELCOUPONS.COM’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. FREEHOTELCOUPONS.COM is the copyright owner or authorized licensee of all text and all graphics contained on the Website. All trademarks and service marks of FREEHOTELCOUPONS.COM that may be referred to on the Website are the property of FREEHOTELCOUPONS.COM. Other parties’ trademarks and service marks that may be referred to on the Website are the property of their respective owners. Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of FREEHOTELCOUPONS.COM’s trademarks or service marks without FREEHOTELCOUPONS.COM’s prior written permission. FREEHOTELCOUPONS.COM aggressively enforces its intellectual property rights. Neither the name of FREEHOTELCOUPONS.COM nor any of FREEHOTELCOUPONS.COM’s other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Website or otherwise, without FREEHOTELCOUPONS.COM’s prior written permission, except that a third party website that desires to link to the Website and that complies with the requirements of Paragraph 10(b) above may use the name “FREEHOTELCOUPONS.COM” in or as part of that URL link. If you believe that any Content on the Website violates any intellectual property right of yours, please contact FREEHOTELCOUPONS.COM at the address, email address or telephone number set forth at the bottom of these Terms.
You acknowledge and agree that if you contribute any User Content, including widgets, or place User Content on the Service, you grant FREEHOTELCOUPONS.COM with a perpetual worldwide, irrevocable, royalty-free, unlimited, non-exclusive license, to publicly display, modify, reproduce and distribute the User Content, in whole or in part, on the Website for editorial and promotional purposes of the Website. FREEHOTELCOUPONS.COM reserves the right to exploit or promote the User Content in connection with the promotion of the Service and other services offered by FREEHOTELCOUPONS.COM.
- LOCAL LAWS.
FREEHOTELCOUPONS.COM makes no representation that content or materials in the Website are appropriate or available for use in jurisdictions outside the United States. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. FREEHOTELCOUPONS.COM is not responsible for any violation of law. You may not use or export the Content or materials in the Website in violation of U.S. export laws and regulations. You agree that the Website, these Terms and the Online Service shall be interpreted and governed in accordance with federal law and, to the extent not preempted by federal law, with the laws of the state of Tennessee. The Website and the Online Service shall be deemed a passive website and service that does not give rise to personal jurisdiction over FREEHOTELCOUPONS.COM, either specific or general, in jurisdictions other than the states covered by the preceding sentence. You agree and hereby submit to the exclusive personal jurisdiction of the state and federal courts located in Sevierville County, Tennessee,. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
Information that FREEHOTELCOUPONS.COM publishes in the Website may contain references or cross-references to products, programs or services of FREEHOTELCOUPONS.COM that are not necessarily announced or available in your area. Such references do not mean that FREEHOTELCOUPONS.COM will announce any of those products, programs or services in your area at any time in the future. You should contact FREEHOTELCOUPONS.COM for information regarding the products, programs and services that may be available to you, if any.
- REFUSAL OF SERVICE.
We reserve the right, at our sole discretion, to terminate or restrict a user’s access to the Website, Online Service, or Content at any time, without notice, and for any reason, provided such refusal does not violate any applicable Federal or State laws.
- CUSTOMER COMMENTS.
If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. In each case the unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
- NO WAIVER.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and FREEHOTELCOUPONS.COM’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
- ENTIRE AGREEMENT.
Your Consent To This Agreement
By accessing and using the Website, you consent to and agree to be bound by the terms of the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on the web page so that you will always be able to understand the terms and conditions that apply to your use of the Website and/or the Services. Your use of the Website and/or the Services following any amendment of these Terms will signify your assent to and acceptance of its revised terms.
If you have additional questions or comments of any kind, or if you see anything on the Website that you think is inappropriate, please let us know by email [ [email protected] ] or by sending your comments to:
1239 East Ridge Road
Sevierville, TN 37862
EFFECTIVE AS OF: June 23, 2017.
LAST UPDATED: 2015.