Terms of Use


Terms of Use
Please read these terms of use carefully before using this site. Your use of the visitseattle.org web site and services (the " Service") is expressly conditioned on your acceptance of these Terms of Use. By using the Service, you signify your agreement to these Terms of Use. If you do not agree with any part of these Terms of Use, you may not use the Service. The Visit Seattle may at any time modify these Terms of Use and your continued use of the Service will be conditioned upon the Terms of Use in force at the time of your use.

Age and Responsibility
You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of the use of the Service. If you use the Service, you are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your account or password. You understand that you are responsible for all uses of the Service by you and those using your login information.

Ownership
The web sites and the Service are the copyrighted property of the Visit Seattle and/or its third party suppliers and content providers ("Third Party Suppliers"). Certain data relating to schedules is the copyrighted work of third party information providers. In addition, the trademarks, logos and service marks displayed (collectively, the "Trademarks") are registered and common law Trademarks of the Visit Seattle and/or its Third Party Suppliers. No license or right to use any of the Trademarks without the written permission of the Visit Seattle, or such other party that may own the Trademarks, is granted or should be implied. The Service and the content provided thereby, including text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Visit Seattle, and/or its Third Party Suppliers, except that you may download, display and print the materials presented by the Service for your personal, non-commercial use only. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other web site, application or in any environment of networked computers is prohibited. Unauthorized use of the Service and/or the materials provided thereby may violate applicable copyright, trademark or other intellectual property laws or other laws. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of the Service.

Use of the Service
Visit Seattle grants you a limited, non-transferable license to access and make personal use of the Service in accordance with these Terms of Use. You may only use the Service to make legitimate reservations or purchases for personal, non-commercial use and shall not use the Service for any other purpose, including without limitation, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand. For avoidance of doubt, this license does not include any resale or commercial use of the Service or its contents or any derivative use of the Service or its contents. Without limiting the foregoing, you may not:
  • use or authorize or permit any third party to use on your behalf any "robot," "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content making a part of the Service, in any case without the prior written consent of Visit Seattle;
  • utilize any software, application, or algorithm, whether integrated in a browser or otherwise, that frames, modifies or adds content to the layout, design, or content of any web page or application making a part of the Service;
  • transmit or otherwise transfer any web pages, data or content making a part of the Service to any other computer, server, web site, application or other medium for mass distribution or for use in any commercial enterprise;
  • use any device, software or routine to interfere or attempt to interfere with the proper working of the Service;
  • take any action that imposes a burden or load on the Service's infrastructure that Visit Seattle deems in its sole discretion to be unreasonable or disproportionate to the benefits Visit Seattle obtains from your use of the Service; or
  • post or transmit via the Service (a) any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane information or material, (b) any information or material that (i) could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, (ii) infringes the rights of others or violates their privacy or publicity rights, (iii) is protected by copyright, trademark or other proprietary right (unless with the express written permission of the owner of such right), (iv) contains a virus, bug or other harmful item, or (v) is used to unlawfully collude against another person in restraint of trade or competition.
In its sole discretion, in addition to any other rights or remedies available to Visit Seattle and without any liability whatsoever, Visit Seattle at any time and without notice may terminate or restrict your access to the Service. If you have been notified by Visit Seattle that you are prohibited from using the Service, then notwithstanding the foregoing you have no license to use the Service and any access by you or on your behalf shall be unauthorized and unlawful. Visit Seattle may provide notice under this or any other section of these Terms of Use via an email sent to the email address contained in your user profile or otherwise used to make a booking via the Service, or in any other reasonable manner. Visit Seattle reserves the right to cancel any and all bookings or other transactions you have made using the Service after you have been prohibited from using the Service, with no liability whatsoever to you.

Submitted Content; Review Of Transmissions
These Terms of Use apply to any journals, recommendations, reviews, opinions, news articles, directories, guides, text, photographs, illustrations, graphics, logos, audio clips, images, information, data, photographs, software, messages, ideas, comments, questions, or other materials received by Visit Seattle  from you (collectively "Submitted Content"). Visit Seattle shall have the right (but not the obligation) to, from time to time monitor and review Submitted Content and any other information transmitted or received through the Service and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that Visit Seattle deems inappropriate or in violation of these Terms of Use. During monitoring, the Submitted Content may be examined, recorded or copied, and your use of the Service constitutes your consent to such monitoring and review. You agree that you are responsible for the Submitted Content, and Visit Seattle disclaims any responsibility and assumes no liability with respect to Submitted Content. By providing Submitted Content, you warrant that: (a) you are the owner of such Submitted Content, or have been granted all the rights necessary from the owner thereof to provide such Submitted Content to Visit Seattle and for the use by Visit Seattle as stated herein, and (b) the use of such Submitted Content by Visit Seattle will not infringe the intellectual property rights of or otherwise violate the rights of any third party. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right or any other harm resulting from your use of the Service. You agree that if you provide Submitted Content, you grant Visit Seattle a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, perform, transfer, or sell such Submitted Content in any form, media or technology for any purpose whatsoever, including, without limitation, a commercial purpose, without any compensation to you, and you waive all moral rights with respect thereto. You further grant Visit Seattle the right to pursue at law any person or entity that violates your or Visit Seattle rights in the Submitted Content by a breach of these Terms of Use. You agree that Visit Seattle may choose to provide attribution of Submitted Content provided by you (for example, showing your name and hometown on a travel review that you submit) at our sole discretion, and that such Submitted Content may be shared with Visit Seattle Third Party Suppliers, distribution partners, customers and other third parties.

Exclusion of Warranties
Neither Visit Seattle  nor any of its third party suppliers make any warranty of any kind regarding the service and/or any materials provided via the service, all of which are provided on an "as is" basis. Neither Visit Seattle nor any of its third party suppliers warrant the accuracy, completeness, currency or reliability of any of the content or data provided via the service and such parties expressly disclaim all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. Neither Visit Seattle nor any of its third party suppliers warrant that this service is free of viruses or other harmful components. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific rights which vary from state to state. The service provides links to other web sites solely as a convenience to you and not as an endorsement by Visit Seattle or its third party suppliers of the contents of such other web sites or the goods or services provided thereon. Neither Visit Seattle nor any third party supplier shall be responsible for the content of any other web sites and make no representation or warranty regarding any other web sites or the contents or materials on such web sites or the goods or services provided thereon. If you decide to access other web sites, or to use such goods or services, you do so at your own risk. By marketing travel to international destinations, Visit Seattle does not represent or warrant that travel to such destinations is advisable or without risk, and is not liable for damages or losses that may result from travel to such destinations. Visit Seattle expressly reserves the right to correct any pricing errors (including, without limitation, typographical or display errors, incorrect third party supplier information, and currency conversion miscalculations) and/or to change or cancel pending reservations made under an incorrect price. This right applies whether or not the order has been confirmed and/or your credit card charged. In the event of a correction to a pending reservation, as your sole and exclusive remedy we will offer you the opportunity to keep your pending reservation at the correct price or, at your option, we will cancel your reservation without penalty.

Limitation of liability
Visit Seattle assumes no responsibility for, and shall not be liable for, any damage to your computer equipment or other property on account of your access to, or use of, the service or your downloading of any materials, data, text, images, video or audio from the service. In no event shall Visit Seattle or any of its third party suppliers be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, equity or otherwise, which arise out of or are in any way connected with (i) any use of the service or content found therein, (ii) any failure or delay (including, but not limited to the use of or inability to use any component of this site for reservations or ticketing), or (iii) the performance or non-performance by the Visit Seattle or any of its third party suppliers, including, but not limited to, non-performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation even if such party has been advised of the possibility of damages to such parties or any other party. The third party suppliers providing travel or other services on this site are independent contractors and not agents or employees of Visit Seattle. Visit Seattle is not liable for the unintentional or intentional acts, errors, omissions, representations, warranties, breaches or negligence of any such third party suppliers or agents of third party suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. Visit Seattle shall have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond its direct control, and shall have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority. If, notwithstanding the foregoing, Visit Seattle or any third party supplier should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of the service or its content, the liability of Visit Seattle and the third party suppliers shall in no event exceed, in the aggregate, the total amount paid to Visit Seattle in connection therewith. Some states or jurisdictions, to the extent their law might be deemed to apply notwithstanding the selection of Washington state law as described below, do not allow limitation of liability, so the foregoing limitation may not apply to you.

Indemnification
You shall defend and indemnify Visit Seattle and any Third Party Suppliers and its and their respective owners, officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of the Service (including without limitation any violation by you of these terms and conditions, any law or the rights of a third party).

Governing Law and Venue
These Terms of Use and any action related thereto will be governed, controlled, interpreted, and defined by and under the laws of Washington State, without giving effect to any conflicts of laws principles that require the application of the law of a different state. The parties expressly consent to the personal jurisdiction and venue in the state and federal courts of Washington for any lawsuits arising from or related to these Terms of Use. The prevailing party in any such action shall be entitled to recover all reasonable attorneys’ fees and any costs of litigation.

Injunctive Relief
You acknowledge that a violation or attempted violation of any of these Terms of Use will cause such damage to Visit Seattle as will be irreparable, the exact amount of which would be impossible or difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Visit Seattle shall be entitled as a matter of right to seek an injunction from any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, without having to post a bond or other security.

Privacy
You have read the Visit Seattle Privacy Policy, the terms of which are incorporated herein, and you agree that the terms of such policy are reasonable. You consent to the use of your personal information by Visit Seattle and/or its Third Party Suppliers in accordance with the terms of and for the purposes set forth in the BTHA Privacy Policy.

Taxes and Service Fees
The room rate displayed on the Website includes a fee which is retained by us to compensate us for the Services. At the time of booking we collect a deposit payment from you which we retain as a transactional fee and you pay the remaining amount due (including any applicable fees and government taxes) directly to the hotel. Our transactional fees vary based on a variety of factors. If you book a hotel room, activity or rental car, you agree that your credit card will be charged by Regatta Hotel Reservations for the amount of the deposit. By submitting your reservation request you authorize Visit Seattle to facilitate hotel reservations on your behalf. Please remember that you may incur other charges during your stay that are not payable to us and are not included in the quoted price, such as extra-person or extra-bed charges, resort fees, gratuities, hotel energy surcharges, parking fees, telephone fees, room service, movies, mini-bar, and incidentals.

Additional Terms And Conditions
Additional terms and conditions of Visit Seattle and/or its Third Party Suppliers may apply to reservations, purchases of goods and services and other uses of the Service. You agree to abide by any such additional terms and conditions and you understand that if you violate any such terms and conditions, it may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, and in your forfeiting any amounts paid for such reservation(s). Visit Seattle may debit your credit or debit card account or charge you for any costs we incur as a result of such violation. You acknowledge that some Third Party Suppliers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer.

Miscellaneous
The relationship between Visit Seattle and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect the terms and conditions herein. These Terms of Use, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available through the Service.