New York City Hotels Reservation and Services

Access to and use of this website is subject to the terms and conditions of use set forth below. Please read these terms and conditions of use before using this website and/or downloading materials from it, and print a copy of these terms and conditions of use for your records.

If you (“you” or the “user”) do not agree with the terms and conditions of use please do not use and/or download materials from this website. By accessing and/or using this website and/or downloading materials from the website you are acknowledging and accepting the terms and conditions below including usa welcome’s privacy policy which is incorporated herein.

Usa welcome reserves the right, in its absolute discretion, to deny access to anyone to this website and the services usa welcome offers, at any time and for any reason, including, but not limited to, for violation of any of the terms and conditions of this agreement. If you have been notified, either electronically, orally or in writing, that you are prohibited from using this website, then you have no license to use this website and any access or use of this website by you or by someone else on your behalf shall be unauthorized and unlawful. If you have been notified that you are prohibited from using this website, then usa welcome reserves the right to cancel any and all bookings or other transactions you have made through this website with no liability whatsoever on the part of usa welcome.

Use of this website and prohibited activities

by using this website, you are representing and warranting that:

(a) you are at least 18 years old and have authority to enter into and create a binding legal obligation;
(b) you will use this website in accordance with the terms and conditions set forth in this agreement;
(c) you will use this website for the sole purpose of making legitimate transactions for you or for other persons whom you are authorized to act on behalf of;
(d) you have informed such other persons about the terms, conditions and restrictions set forth in this agreement;
(e) you have not made any false statements and that all information supplied by you concerning you or another person you are authorized to act on behalf of is accurate and current; and
(f) you will safeguard any information in your account, if any, and will supervise and be solely and completely responsible for any use of your account by anyone other than you.

Subject to the terms and conditions set forth herein, usa welcome grants users a non-exclusive non-transferable limited right to access and use this site in accordance with the terms and conditions of this agreement. Usa welcome authorizes the user to view, download or print designated electronic information presented on this site for your personal non-commercial use only. The user may not, without the prior written permission of usa welcome, modify the information obtained from this site in any way or reproduce or publicly display, transmit, distribute, modify, create derivative works, or otherwise use the information presented on this website for any commercial purpose. For purposes of this agreement, any use of the information contained herein on any other web site or networked computer environment for any purpose is prohibited without usa welcome’s prior written consent. You may only use this site to make legitimate transactions (e.g., reservations and purchases) and shall not use this site for any other purposes, including, but not limited to, using this site for the purpose of making any speculative, false or fraudulent transaction or any transaction in anticipation of demand.

Users hereby expressly agree not to interrupt or attempt to interrupt, interfere with, burden or load the operation of usa welcome’s website in any manner. You will not use any device, software, program, methodology or any other means, whether tangible or intangible, manual or automatic, to: (i) interfere or attempt to interfere with the proper working of this site, (ii) copy, reproduce, republish, upload, post, transmit or distribute any content, image, software, program, features and/or design provided in this site without the prior written consent of usa welcome, (iii) transmit or otherwise transfer any image, page, data or content found on this site to any computer, server, website, or other medium for the purpose of mass distribution, and/or (iv) reproduce this site for the purpose of misleading the public in any manner.

Please note that, in addition to any other provisions set forth this agreement, the following actions are strictly prohibited:

1. Copying (except for making copies of your itinerary, transaction details and related information, transmitting, distributing, reproducing, displaying, publishing, creating derivative works, licensing, selling or re-selling any information, software, products, or services obtained from or through this website.
2. Deep-linking to any portion or page of this website for any purpose without usa welcome’s prior written consent;
3. Framing and/or mirroring and/or otherwise incorporating any portion or page of this website into any other website without usa welcome’s prior written consent;
4. Using, posting or transmitting information which: (i) may infringe the rights of other parties and/or is protected by copyright, patent, trademark or other proprietary right without the prior written consent of the owner of such right;
5. Corrupting this website with any virus, bug or other device or means that could harm this website;
6. Using the materials on any other website or in any networked computer environment;
7. Posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
8. Using this website for the purpose of interfering with the business of others or restricting trade or competition; and/or
9. Using this website in any manner that a reasonable person would deem unlawful, harmful to either usa welcome or others.

Copyright and trademarks, etc.

This website contains information and materials, including, without limitation, informational text, photographs, icons, graphics, audio, video, messages, files, documents, images or other materials (collectively the "material”). The material on this website is copyrighted and any unauthorized use of any material on this website may violate copyright, trademark, and /or other intellectual property laws or other laws in the united states and elsewhere. If you fail to comply with this agreement, your authorization to use this website will terminate automatically without notice and you must immediately destroy any material obtained from this website. You may not copy, reproduce, republish, modify, download, post, transmit, or distribute in any way any material from this website without usa welcome’s prior written consent. Usa welcome prohibits caching, unauthorized hyperlinks to this website and the framing of any material available through this website. Usa welcome reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the content available on any third party websites linked to this website. The trademarks, logos and service marks displayed on this website are the property of usa welcome or their third party owners in the united states and other countries. Users are prohibited from using any such marks for any purpose without the prior written permission of usa welcome or such third party that may own the marks. Users are not granted any rights whatsoever to use the trademarks, logos and/or service marks by virtue of using this website. You must retain all copyright, trademark and/or intellectual property notices, including any other proprietary notices, contained in the materials, and you shall not interfere with or remove any of such notices.

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 this website.

All software, modules and applications (collectively, "software") used on this website are proprietary to or licensed to us by third parties. You may not reproduce, reverse engineer, create derivative works of, reverse assemble or reverse compile, sell, lease, distribute, rent, assign, transfer, or modify any software on this website.

Copyright and trademark notices

This website is © 2009 usa welcome, llc. All rights reserved

Claims of copyright infringement

If you believe in good faith that materials contained in this website infringe your copyright, you may send us a notice requesting that such material be removed. Please note that: (i) notices must meet the then requirements under the digital millennium copyright act of 1998 (as amended, (ii) under the the digital millennium copyright act of 1998, penalties may be imposed for false claims.

Information provided on this website and disclaimer

The information, material and content provided on this website is for the convenience of usa welcome’s customers only. Usa welcome has endeavored to ensure that the information, material and content provided on this website is as accurate as possible. However, the information, materials and/or content on this website may contain inaccuracies and typographical errors. Usa welcome and any third party providers and distributors make no warranty of any kind regarding this site and/or any materials provided on this site.

Usa welcome and any third party providers do not warrant the accuracy, completeness, currency or reliability of any of the information, materials, data and/or content, or the reliability of any advice, opinion, statement or other information displayed or distributed through the website.

Usa welcome and any third party providers do not warrant that this site, its servers or any e-mail sent from usa welcome or its affiliates are free of viruses or other harmful components. You acknowledge and agree that any reliance on any such opinion, advice, statement, memorandum, or information shall be at your sole risk.

Usa welcome reserves the right, in its sole discretion, to correct any errors or omissions in any section of the website. Usa welcome shall be free to make any improvements or other changes to this website, the information, materials and/or content, and the products, programs, services or prices (if any) described and/or displayed in this website at any time, without notice.

Usa welcome and its affiliates and their respective suppliers make no representations about the suitability of the information, content, material, software, products, and services contained on this website for any purpose, and the inclusion or offering of any products or services on this website does not constitute any endorsement or recommendation of such products or services by usa welcome and/or its affiliates. This website, the information, materials and/or content on this website are provided "as is" without any representation or warranty, express or implied, of any kind (to the maximum extent permitted by applicable law), including, but not limited to, warranties of merchantability, noninfringement, or fitness for any particular purpose and those arising by statute or otherwise in law or from a course of dealing or usage of trade. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. Your warranty rights may vary from state to state.

User submissions

Any material, data, photographs, recommendations, opinions, questions, comments, software, text, graphics, logos, ideas, news, articles, illustrations, audio, clips and images, messages information or idea that you transmit to or post on this website by any means (including, but not limited to, e-mails sent to usa welcome using links provided in this website) (collectively, the “submitted information”) will be treated as non-confidential and non-proprietary, and may be disseminated or used by usa welcome or its affiliates for any purpose whatsoever. Usa welcome undertakes no responsibility whatsoever for reviewing unsolicited ideas for its business, such as product or advertising ideas. By submitting any material, information or idea to this website, you: (i) waive any and all rights to compensation or remuneration of any kind for such material, information or idea, and (ii) you grant usa welcome and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub- licensable right to modify use, reproduce, translate, adapt, publish, create derivative works from, distribute, display, perform, transfer, or sell such submitted information in any form, media or technology, now known or hereafter devised, for any purpose.

You agree that you are fully responsible for the content of the submitted information and that usa welcome is not responsible and assumed no liability in any way with respect to the submitted information. You are prohibited from posting or transmitting to or from this website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under any applicable law. You may not post any material that violates copyright, trademark, patent or other proprietary rights of any third party (including rights of publicity and privacy). You will indemnify usa welcome for any and all damages resulting from your actions or postings that violate any of these policies, laws, rules or regulations. Usa welcome has no obligation to post any submitted information and usa welcome reserves the right, in its sole discretion, to prohibit, censor, edit, or remove any further postings by any user for violation of these standards and this agreement.

If you do not agree with terms of this agreement, then please do not submit any submitted information.

Links to third party websites

Links to third party websites (not maintained by usa welcome) which appear on this website are provided solely as a convenience to our customers and visitors. If you use these links, you will leave this website. Usa welcome does not have control over and is not responsible for any of these websites or their content. Usa welcome does not endorse or make any representations or warranties about such websites, or any information, opinions, software or other products or materials which may be found thereon, nor does usa welcome make any representations or warranties about any results that may be obtained from using them. If you decide to access any of the third party websites linked to this website, you agree that you do this entirely at you own risk. It is your responsibility to ensure that any links you select or program/software/data/material you download (whether from this website or other websites) is free of viruses, trojan horses, worms, defects and similar potentially harmful items. You should be aware that linked third party websites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on this website. Usa welcome is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.

Forward looking statements

The website may contain forward-looking statements regarding usa welcome’s business, customers, partners, future products and services or other factors. Such statements involve risks and uncertainties and speak only as of the date on which they are made, which could cause actual results to vary materially from those expressed in or indicated by the forward-looking statements. Examples of these risks include competitive service and product offerings, and lack of market acceptance. You are cautioned not to place undue reliance on these forward-looking statements. Usa welcome undertakes no obligation to update publicly or review any forward-looking statements.

Legal responsibility

By using this website, you represent and warrant to usa welcome and its affiliates that: (i) you at least 18 years old, (ii) you can create binding legal obligations for yourself or others for any liability incurred as a result of your use of this website, (iii) you agree to be solely responsible for maintaining the confidentiality of your account information and your password, and for all activities that occur under your account and/or password, and (iv) you understand that you are financially responsible for all uses of this website by you and those using your login information.

Terms

1. In addition to any other terms and conditions (imposed by either usa welcome, its affiliates and/or their respective suppliers) that may apply to your purchase of travel related products and/or services, you acknowledge and agree that any transaction made through this website or other websites linked to this website are subject, at a minimum, to the following:

A. All offers, prices, services and/or products and conditions of sale advertised on this website are be subject to change without notice;
B. Usa welcome and its affiliates do not guarantee availability;
C. Limitations and/or restrictions such as, without limitation, eligibility, seating, and/or advance purchase may apply;
D. Minimum or maximum stays, blackout dates, travel days, dates, holidays, seasons, and/or wait-listing restrictions may apply;
E. Other conditions, limitation and/or restrictions may apply from time to time.
F. Offers may be for informational purposes only, they may not reflect current availability and may be limited in time;
G. Unless otherwise provided or specified, offers are "per adult";
H. Additional terms and conditions applicable to your reservation(s), purchase(s) of travel related products and services, may apply to offers and other travel related products and/or services;
I. Charges, fees, penalties, duties, taxes, and assessments may apply; and/or
J. A liability waiver may be required by a supplier of a travel related products and/or service prior to participating in such product, service and/or activity they offer.

2. By submitting your debit/credit card information you are deemed to have agreed to all of the terms and conditions relating to your transaction, whether such terms and conditions are posted on this website or not. It is your responsibility to carefully review any terms and conditions applicable to your transaction and you agree to comply with the terms and conditions imposed by any supplier of travel related products and/or services. You understand that any violation of any such supplier's terms and conditions may result in, without limitation, cancellation of your transaction(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies already paid for such reservation(s), and in costs, charges, fines, penalties being applied to you.

3. You are responsible for ensuring that the debit/credit card you are using for payment is current. Usa welcome and its affiliates shall not be responsible for any damage, delay or inconvenience resulting from: (i) any transaction being declined due to a credit/debit card being declined by the issuing company and/or a supplier, (ii) the debit/credit card cardholder information not being verifiable in a timely manner, and/or (iii) any changes in rates or fares or any other charges that may occur during the debit/credit card verification process.

Cancellation policy

1. This policy applies unless federal, state or local laws, rules, regulations or ordinances mandate otherwise.

2. In the event you are given the option to cancel or change a reservation, you will be charged a cancellation or change fee pursuant to the rules and restrictions applicable to the supplier providing the travel related product and/or services you selected.

3. A minimum cancellation policy period, which may vary depending on the supplier of the travel related product and/or service you selected, may apply to your purchase. If you fail to comply with such minimum cancellation policy period, you will be subject to a charge or penalty of applicable rates, tax recovery charges and service fees. In the event you do not show for the first day (or night, as the case may be) of your reservation and intend to check-in at a subsequent date, you must notify usa welcome or its affiliates of the change no later than the date of the first day (or night, as the case may be) of the original reservation to prevent cancellation of your reservation. You agree to pay any cancellation or change fees that you may incur. Some suppliers do not allow changes to or cancellations of reservations, in which case you will receive no refund from either usa welcome, its affiliates and/or their respective suppliers.

The following are examples of our hotel and apartment cancellation fees. Please note that the listed cancellation fees are not intended to be exhaustive and are subject to change from time to time in usa welcome’s discretion and/or in accordance with applicable local laws, rules, regulations and/or ordinances. Other cancellation fees may apply to other services provided by usa welcome.

Hotel rooms

The cancellation charges will be calculated as follows:

If you cancel your stay between the date of the booking confirmation and up to 10 days prior to the first date of your stay, a cancellation fee of 10% of the total amount of your purchase will be charged.

If you cancel your stay less than 9 days prior to the first date of your stay but prior to the first date of your stay, a cancellation fee equal to the cost of two nights’ stay will be charged per room.

If you are a no show then a cancellation fee of 100% of the total amount of your purchase will be charged.

Apartments

The cancellation charges will be calculated as follows:

If you cancel your stay between the date of the booking confirmation and up to 31 days prior to the first date of your stay, a cancellation fee of 20% of the total amount of your purchase will be charged.

If you cancel your stay between 30 days and 15 days prior to the first date of your stay, a cancellation fee of 50% of the total amount of your purchase will be charged.

If you cancel your stay between 14 days and 11 days prior to the first date of your stay, a cancellation fee of 75% of the total amount of your purchase will be charged.

If you cancel your stay 10 or less days prior to the first date of your stay, a cancellation fee of 100% of the total amount of your purchase will be charged.

Privacy policy

We strongly recommend that you review usa welcome’s privacy policy (“privacy policy”). Please click here to review our current privacy policy. By accessing or using this website you are accepting the terms and conditions of usa welcome’s privacy policy. You consent to the use of your personal information by usa welcome, its affiliates and/or their respective suppliers in accordance with the terms of and for the purposes set forth in the privacy policy.

Limitation of liability and damages

In no event shall usa welcome, its affiliates, directors, managers, officers, distributors, agents, advisers or other third parties mentioned on this website be liable for any injury, loss, claim, and/or damages whatsoever (including, without limitation, incidental, consequential, special, exemplary, punitive, indirect damages of any kind and those resulting from lost profits, lost savings, lost data or business interruption, to the extent permitted by applicable law), whether based on warranty, contract, tort, strict liability or any other legal theory and whether or not advised of the possibility of such damages, arising out of: (i) the use, inability to use, or the results of any use of this website, any websites linked to this site, or the information, materials, or content contained in any or all such websites, (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), and/or (iii) the performance or non performance by usa welcome, its affiliates or their respective suppliers, including, but not limited to, non performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation.

Usa welcome shall not be liable and assumes no responsibility for any techinical difficulties, delays, service interruption, damages to, or viruses that may infect your telecommunication, internet, computer equipment or other property on account of your access to, use of, or browsing in this website or your downloading of any information, content or materials, cache, video, images, data, audio or text from this website. If your use of the information, materials or content found on, browsed and/or downloaded from this website results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof. Your sole remedy for dissatisfaction with this website, website-related services and/or hyperlinked websites is to stop using this website and/or those services and/or hyperlinked wesites.

Usa welcome and its affiliates are acting solely as an intermediary between you and suppliers of travel related products and/or services by marketing, selling, or taking reservations or bookings for such travel related products and/or services. The carriers, hotels and other suppliers providing travel or other travel related services on this website are independent contractors and not agents or employees of usa welcome or usa welcome’s affiliates. Usa welcome and its affiliates shall not be liable and assume no responsibility for the acts, errors, omissions, representations, warranties, breaches or negligence of any such carriers, hotels and other suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. Usa welcome and its affiliates shall have no liability and will make no refund in the event of any delay and/or any distruption of travel related products and/or services resulting from, without limitation, bankruptcy of any such travel suppliers(s), monetary crisis, strikes and/or union/labor problems, mechanical or construction difficulties, cancellation, overbooking, strike, political or social unrest, climatic aberrations, local laws, diseases, novel conditions, including terrorist activities, and/or other events of force majeure or other causes beyond their direct control, and shall have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority.

Although usa welcome and/or any of its affiliates may offer for sale travel, packages, tours or other products to particular international destinations, usa welcome and its affiliates make no representations or warranties that travel to such destinations is advisable or without risk, and usa welcome and its affiliates shall not liable for any damages whatsover, injuries, delays, or losses of any kind that may result from travel to such destinations. Travel to certain destinations may involve greater risk than others and you acknowledge and agree that you travel at your own risk. Usa welcome and its affiliates urge you to review advisories, information, warnings and the like issued by governement authorities such as, for example, the united states department of state and local (www.state.gov).
We make no representation that travel related products and/or services and/or materials and/or information available on the site are appropriate or available for use in locations outside the united states.

Although this website may display hotel ratings, you acknowledge and agree that: (i) such ratings are intended only as general guidelines, (ii) usa welcome and its affiliates do not guarantee the accuracy of such ratings.

The information, content, material, software, products, and services published on this website may include errors, inaccuracies including, without limitation, pricing errors, typographical or display errors, incorrect supplier information, and currency conversion miscalculations. Usa welcome and its affiliates do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information, content, material and/or description of any hotel, air, cruise, car and other travel products displayed on this website. In addition, usa welcome and its affiliates expressly reserve the right to correct any pricing errors on their websites and/or on 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, usa welcome will offer you, as your sole and exclusive remedy, the opportunity to keep your pending reservation at the correct price or, at your election, usa welcome will cancel your reservation without penalty. In addition, usa welcome and its affiliates and their respective suppliers make no guarantees about the availability of specific products and/or services.

Notwithstanding the above, if usa welcome and its affiliates or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above or the uses of, information, content or material of this website, then the liability of usa welcome and its affiliates and/or their respective suppliers shall in no event exceed, in the aggregate, the greater of (a) the service fees you paid to usa welcome or its affiliates in connection with such transaction(s) on this website, or (b) one hundred dollars and 00/00 ($100.00) or the equivalent in local currency. The limitations specified in this section shall survive the termination or expiration of this agreement and shall inure to the benefit of usa welcome, its affiliates and/or their respective suppliers. Any claim or cause of action arising from, or relating to, your access and use of, or purchase of products and/or services from, the site must be brought within one (1) year from the date on which such claim or action arose or accrued or purchase was completed. Applicable law may not allow the limitation or exclusion of liability of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Indemnification

You hereby covenant and agree to defend, indemnify and hold harmless usa welcome, its affiliates, officers, directors, employees, agents, advisers and representatives (collectively, the “indemnitees”) from and against, and pay or reimburse the indemnitees for, any and all claims, demands, liabilities, obligations, losses, fines, penalties, royalties, proceedings, deficiencies or damages (whether absolute, accrued, conditional or otherwise and whether or not resulting from third party claims), costs of any kind or nature including but not limited to out-of-pocket expenses and reasonable legal and accounting fees incurred in the investigation or defense of any of the same or in asserting any of their respective rights hereunder (collectively, “losses”), resulting from or arising out of: (i) your breach of any provision set forth in this agreement or documents referenced herein, and/or (ii) your violation of any laws, rules, regulations or ordinances and/or the rights of any third party (including, but not limited to, intellectual property rights), (iii) your use of this website (iv) your, or your employees, agents, representatives or independent contractors’ negligence, willful misconduct or gross negligence.

Applicable laws

This website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. Accessing travel related products and/or services and/or materials and/or information available on this website from territories where their contents are illegal is strictly prohibited and constitutes a violation of the terms of this agreement. If you choose to access this website from outside the united states, you do so on your own initiative and risk and are responsible for compliance with applicable local laws. This agreement shall be governed by and construed and interpreted in accordance with the laws of the state of new york, without giving effect to its conflicts of laws rules that would require the application of the laws of another jurisdiction.

You agree that any legal action or proceeding arising our of or in connection with this agreement or any document related thereto shall be commenced in the courts of the state of new york or of the united states of america for the southern district of new york. By visiting and/or or using this website you unconditionally accept and consent to the exclusive jurisdiction and venue of the aforesaid courts. You consent that personal jurisdiction may be obtained over you by mailing a summons by registered mail or certified mail, return receipt requested, within or without such court's jurisdiction, or by personal service, provided a reasonable time for appearance is allowed. You irrevocably waive any objection, including, without limitation, any objection to the laying of venue based on the grounds of forum non conveniens, which it may now or hereafter have to the bringing of any such action or proceeding in such jurisdictions. Nothing herein shall affect the right of usa welcome or its affiliates to serve process in any manner other than as set forth herein, as permitted by law or to commence legal proceedings or otherwise proceed against you in any other jurisdiction.

To the maximum extent permitted by law, you expressly waive any right to trial by jury of any action, claim, demand, or proceeding arising under or with respect to this agreement, or in any way connected with, related to, or incidental to the dealings between them with respect to this agreement, or the transactions related thereto, in each case whether now existing or hereafter arising, and whether sounding in contract, tort or otherwise.
Miscellaneous

1. This agreement constitutes the entire agreement between you and usa welcome with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the you and usa welcome with respect to this website. No additions, deletions, or modifications to this agreement shall be effective against usa welcome unless set forth in writing and executed by usa welcome. The failure of either party to enforce any provision of this agreement in any instance shall not be deemed a waiver of that provision in that or any other instance.
2. If for any reason a court of competent jurisdiction finds any provision of this 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. The total invalidity or unenforceability of any particular provision of this agreement shall not affect the other provisions hereof and this agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted.
3. Usa welcome reserves the right to modify this agreement at any time without notice. This agreement is binding upon you, therefore, you should review this agreement often and print a copy for your records. The effective date of these terms and conditions of use is february 6, 2009.
4. This agreement shall be construed without any regard to any presumptions against the party causing the same to be prepared.
5. You may not assign, delegate, convey and/or subcontract any of your rights, duties or obligations hereunder.
6. You acknowledge that any breach of this agreement will cause substantial and irreparable harm to usa welcome (and/or its affiliates) for which money damages would be an inadequate remedy. Accordingly, usa welcome (and/or its affiliates) shall in any such event be entitled to obtain, from any court of competent jurisdiction, injunctive and other forms of equitable relief to prevent such breach and to recover from you usa welcome’s (and/or its affiliates’) costs (including, without limitation, reasonable legal and accounting fees) incurred in connection with enforcing this agreement, in addition to any other rights or remedies available at law, in equity or by statute.
7. You acknowledge and agree that the relationship between you and usa welcome is that of an independent contractor and that each party to the relationship seeks its own benefit and neither party’s benefit is primary. Nothing in this agreement shall be construed as giving rise to an employer-employee or principal-agent type of relationship, or to a partnership or joint-venture between you and usa welcome and/or our respective officers, agents or employees.
8. If usa welcome or its affiliates take any action to enforce this agreement, such parties shall be entitled to recover from you, and you agree to pay, all reasonable and necessary legal and/or accounting fees and any cost of litigation, in addition to any other relief, available either at law or in equity, to which such parties may be entitled.
9. Usa welcome may terminate this agreement at any time for any reason or no reason at all. Such termination shall not affect any right to relief to which usa welcome, its affiliates and respective suppliers may be entitled, either at law or in equity. Upon termination of this agreement, all rights granted to you shall immediately terminate and revert to usa welcome, its affiliates and respective suppliers, as applicable.
10. The headings used in this agreement are provided for convenience only, do not constitute a part of this agreement and shall not be used to construe meaning or intent.
11. Any rights not expressly granted herein are reserved.