Please Read These Terms Carefully Before Using This Site
This website is provided by Newport Beachwalk Hotel (NBH) and may be used for informational purposes only. By using the site or downloading materials from the site, you acknowledge that you have read, and agree to abide by, all of the terms and conditions set forth in this notice. If you do not agree to abide by these terms and conditions, do not use the site or download materials from the site.
Limited License
Subject to the terms and conditions set forth in this Agreement, NBH grants you a non-exclusive, non-transferable, limited right to access, use and display this site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the site in any way.
NBH authorizes you to view and download the information ("Materials") at this website ("Site") only for your personal, non-commercial use. This authorization is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions: 1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 2) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; 3) you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use; 4) you may not reproduce, duplicate, copy, sell, resell or otherwise exploit the content of this Site for commercial use unless you first obtain our written consent, which may be unreasonably withheld in our sole discretion; and 5) you must not use the information on this site to advertise or solicit anyone to buy or sell and products or services (directly or indirectly) unless you first obtain our written consent, which may be unreasonably withheld in our sole discretion. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, NBH does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.
Reservation Usage
Any reservations feature of this Site is provided solely to assist customers in determining the availability of travel-related services and to make legitimate reservations, and for no other purposes. By using the Site for reservations, you warrant that you are at least 18 years of age and possess the legal authority to enter into this Agreement and to use this website in accordance with all of the terms and conditions stated herein. You agree to be financially responsible for all of your use of this website (as well as for use of your account by others, including without limitation, minors living with you). You agree to supervise all usage by minors of this website under your name or account. You also warrant that all information supplied by you or members of your household in using this website is true and accurate and without limitation. You agree that the reservations facilities of this website shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You understand that abuse of the reservation facilities of this website may result in your being denied access to such facilities. You also agree to be responsible for all charges, fees, duties, taxes and assessments, if any, arising out of your use of this website.
Disclaimer
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. NBH DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. NBH RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE MATERIALS OR THIS SITE. NBH MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE ON THE SITE, IF ANY, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Third Party Sites
As a convenience to you, NBH may provide on this Site links to websites operated by other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. NBH makes no warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that NBH or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of NBH or any of its affiliates or subsidiaries.
External Links to the Site
All links to the Site must be approved in writing by NBH, except that NBH consents to links in which: (i) the link is a text-only link containing only the name "Newport Beachwalk Hotel"; (ii) the link "points" only to www.newportbeachwalkhotel.com and not to deeper pages;(iii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked website; and (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by NBH nor be such as to damage or dilute the goodwill associated with the name and trademarks of NBH or its Affiliates. NBH reserves the right to revoke this consent to link at any time in its sole discretion.
Information Provided By You
Any personally identifiable information you may provide to NBH via this Site is protected by the Internet Privacy Statement associated with this Site. NBH does not want you to, and you should not, send any confidential or proprietary information to NBH via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to NBH will not be considered confidential or proprietary. By providing any such information or materials to NBH, you grant to NBH an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that NBH is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to NBH. You further recognize that NBH does not want you to, and you warrant that you shall not, provide any information or materials to NBH that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.
Limitations of Damages
IN NO EVENT SHALL NBH OR ANY OF ITS AFFILIATES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHER INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OR DOWNLOAD OF, OR THE INABILITY TO USE OR DOWNLOAD, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF NBH IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree, at your expense, to indemnify defend and hold harmless NBH, as well as its members, managers, employees, agents, affiliates, distributors, and licensees harmless from and against any judgments, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys fees and expenses) incurred in connection with or arising from any claim, demand, suit, action or proceeding relating to your breach of these Terms and Conditions of Use or in connection with your use of this Site or any product or service related to this Site.
Changes
NBH reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such change is posted. Your continued use of the Site after any changes to this Agreement are posted will be considered acceptance of those changes.
NBH may terminate, change, suspend or discontinue any aspect of the NBH Site, including the availability of any features of the Site, at any time. NBH may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. NBH may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials. Termination of this Agreement or any authorization, rights and licenses, or any aspect or availability of this Site, shall not affect any right or relief, legal or equitable, to which NBH may be entitled.
International Users and Choice of Law
This Site is controlled, operated and administered by NBH from its offices within the United States of America. NBH makes no representation that Materials at this site are appropriate or available for use at locations outside of the United States, and access to them is prohibited from territories where their content may be illegal. You may not use the Site or export the Materials in violation of U. S. export laws and regulations. If you access this Site from locations outside of the United States, you are responsible for compliance with all local laws. These Terms and Conditions of use shall be governed by the laws of the State of California, without giving effect to its conflicts of law provisions.
This Agreement constitutes the entire agreement between NBH and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.
Copyright and trademark information
Newport Beachwalk Hotel trademark and/or trade names are owned or licensed by Newport Beachwalk Hotel and its affiliates. All other brand names, product names, or trademarks belong to their respective holders. Adobe®, Acrobat® and Reader® are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries - for further details please see http://www.adobe.com. Macromedia® and Flash® are trademarks or registered trademarks of Macromedia, Inc. in the United States and/or other countries - for further details please see http://www.macromedia.com. Microsoft®, Word®, Excel®, PowerPoint®, and Windows® are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries - for further details please see http://www.microsoft.com. WinZip® is a registered trademark of WinZip International LLC - for further details please see http://www.winzip.com.
