The content and information displayed on the Sites are Marriott’s and/or Ritz-Carlton’s property and are collectively referred to as “Marriott Information”. The downloading, reproduction, or retransmission of Marriott Information, other than for non-commercial individual use, is strictly prohibited, except to the extent permitted by travel agents for business-only purposes in accordance with section 12 below.
Our Sites may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights of Marriott, The Ritz-Carlton Hotel Company and/or other parties. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of Marriott or Ritz-Carlton and/or other parties is granted to or conferred upon you. The www.marriott.com site and/or certain activities provided via our Sites may be covered by U.S. Patent No. 6,091,956 and/or U.S. Patent No. 7,624,044.
You agree that you will make only legitimate reservations in good faith for use by you and your invited guests only, and not for other purposes, including without limitation, reselling, impermissibly assigning or posting on third-party websites, or making speculative, false or fraudulent reservations, or any reservation in anticipation of demand.
TO THE MAXIMUM EXTENT PERMITTED BY LAW AND SUBJECT TO SECTION 9 BELOW, OUR SITES AND MARRIOTT INFORMATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE INFORMATION CONTAINED IN OUR SITES IS BELIEVED TO BE ACCURATE AND CURRENT AT THE DATE THE INFORMATION WAS PLACED ON THE SITES. WE MAKE NO WARRANTIES, REPRESENTATIONS OR ANY GUARANTY OR ASSURANCE THAT OUR SITES AND/OR MARRIOTT INFORMATION WILL BE AVAILABLE, ADEQUATE, ACCURATE, UNINTERRUPTED, COMPLETE OR ERROR FREE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR DEVICES, PROGRAMS AND INFORMATION. BY USING ANY OF OUR SITES AND/OR MARRIOT INFORMATION, YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH THAT USE.
To the maximum extent permitted by law and subject to section 9 below, we, other members of our group of companies and third parties connected to us hereby expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Sites or in connection with the use, inability to use, or results of the use of our Sites, any websites linked to them and any materials posted on them, including, without limitation, any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability that cannot be excluded or limited under applicable law.
If the Competition and Consumer Act 2010 (Cth) (Australia) or any other legislation in Australia states that there is a guarantee in relation to our Sites or the Marriott Information, and our liability for failing to comply with that guarantee cannot be excluded but may be limited, our liability and the liability of the other members of our group of companies and third parties connected to us for such failure is limited to (at our election), in the case of a supply of goods, replacing the goods or supplying equivalent goods, repairing the goods, or paying the cost of replacing the goods or acquiring equivalent goods, and in the case of services, supplying the services again or paying the cost of having the services supplied again, to the extent it is fair and reasonable to do so.
With respect to all communications you make to us regarding Marriott Information including but not limited to feedback, questions, comments, suggestions and the like: (a) you consent to Marriott and/or Ritz-Carlton collecting, using and disclosing these communications and you agree you shall have no right of confidentiality in your communications and we shall have no obligation to protect your communications from disclosure; (b) we shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (c) you acknowledge and consent that we shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information. The above is limited only by our commitment and obligations pertaining to your personal information (for more information, please see our Privacy Statement).
Marriott Information may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to your transaction. Neither Marriott nor Ritz-Carlton assumes responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor reservations or information affected by such inaccuracies. Marriott and Ritz-Carlton reserve the right to make changes, corrections, cancellations and/or improvements to Marriott Information, and to the products and programs described in such information, at any time without notice, including after confirmation of a transaction.
Some areas of our Sites are restricted to travel agents or other authorized representatives. The Marriott Information contained in such restricted areas is confidential to Marriott, and is provided for business use only, which includes reviewing commission status and statements, and enrolling in our Electronic Funds Transfer program as described below. We reserve the right to prohibit access to or use of these restricted areas where we determine that such use or access interferes with our Sites’ operations or that such use or access results in commercial benefits or other entities to our detriment. If you are a travel agent or authorized representative of a travel agent using our Sites, the following apply:
Passwords: We have provided you with a unique password so that access to information related to your agency and transactions can be restricted to only those individuals to whom you provided the password. It is your responsibility to protect the confidentiality of the password. Neither Marriott nor Ritz-Carlton assumes any liability for any access to information or transactions that are executed with the password provided to you. We strongly recommend that you change the password on a periodic basis and whenever a travel agent leaves your travel agency or you suspect that knowledge of the password is no longer limited to those whom you have authorized.
Electronic Funds Transfer (EFT): Marriott is able to make commission payments by electronic funds transfer (EFT) through the Automated Clearing House (ACH) System. If you complete the EFT registration process provided on our Sites, completion of the process signifies that you : (1) authorize Marriott and/or Ritz-Carlton to make payments by EFT; (2) certify that you have selected the designated depository institution and provided the correct account information; and (3) accept that all such EFTs will occur in accordance with the following: (i) you will give thirty (30) days’ advance notice to Marriott of any changes regarding your depository institution or other payment instructions; and (ii) you accept that all U.S. direct deposits are made with a payment type of “CTX”.
No Arrangements for Prohibited Persons: Each of Marriott International Inc. and The Ritz-Carlton Hotel Company L.L.C is a United States company and is prohibited from providing services to certain “prohibited persons” who are government officials or residents of certain embargoed countries, or terrorists or drug traffickers whose names are published on lists maintained by the United States Department of Treasury. You agree to use all reasonable efforts not to arrange for any of these prohibited persons to stay at, use or tour any Marriott or Ritz-Carlton facilities.
Our Sites contain information on Marriott and Ritz-Carlton worldwide products and services, not all of which are available in every location. A reference to a Marriott and Ritz-Carlton product or service on one of our Sites does not imply that such product or service is or will be available in your location.
Subject to section 9 above, Marriott and Ritz-Carlton do not accept responsibility for and expressly exclude liability for any loss or damage, howsoever caused (including through negligence), which you may directly or indirectly suffer in connection with your use of our Sites (including arising out of your use of or reliance on information contained on or accessed through the Sites).
If you would like to view the privacy practices that govern how we process information about you on our Sites please review our Privacy Statement.