Terms of Use of Internet Holiday Inn Select® TERMS, CONDITIONS AND NOTICES AGREEMENT BETWEEN CUSTOMER AND SIX CONTINENTS HOTELS, INC The Service (“Service”) consists of providing a wireless or high speed internet connection to authorized users. This Service is offered to you, the customer, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Service constitutes your agreement to all such terms, conditions, and notices. SECURITY OF YOUR ACCESS AND USE Due to the nature of wireless LAN and High Speed Internet Access networks, control of physical access to the network cannot be ensured. In the case of wireless networks, unlike a wired network where a physical connection is required, anyone within range of a wireless access point can conceivably send and receive frames as well as listen for other frames being sent, making eavesdropping and remote sniffing of wireless LAN frames very easy. In addition, under certain circumstances, third parties could access your computer without your permission while it is connected to the network. PERSONAL AND NONCOMMERCIAL USE LIMITATION This Service is for your personal, noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services found on, or obtained from, this Web site. COPYRIGHT AND TRADEMARK NOTICES All contents of this Web site are: Copyright ©2001-2004. InterContinental Hotels Group, Three Ravinia Drive, Suite 100, Atlanta, Georgia, 30346-2149 U.S.A. All rights reserved. Most hotels are independently owned and/or operated. The following are some of the service marks owned by Six Continents Hotels, Inc., its parent, subsidiaries, or affiliates, all members of the InterContinental Hotels Group: InterContinental®, Crowne Plaza®, Holiday Inn®, Holiday Inn Express®, Express by Holiday InnTM, Holiday Inn Select®, Holiday Inn Garden CourtTM, Holiday Inn SunSpree®, Holiday Inn Family Suites Resort®, Staybridge Suites® by Holiday Inn®, StaybridgeTM, Forum®, Parkroyal®, Centra®, Priority Club®, Six Continents Club®, We Know What It TakesTM, Audley'sTM, InsiderTM, Little Things That Make The DifferenceTM, In An InstantTM, WorldlinkTM, The Place to MeetTM, Meeting OptionsTM, Business OptionsTM, Leisure OptionsTM, Weekend OptionsTM, Meeting SuccessTM, More Is Better®, What Matters MostTM,Kidsuites®, Best-4-Breakfast®, Holidex®, Holidome®, Stay With Someone You Know®, Great RatesTM, Best BreaksTM, Heart to HeartTM, Stay Smart®, Express StartTM, Smart Roast CoffeeTM, Sleep AdvantageTM and Make It Your Place, Candlewood®,Candlewood Suites®,Candlewood Cupboard®, Any Suite, Any Time®, Our Place.Your Space®, Delivering Exceptional Value®, Fastest Reservations In The World®, Eguarantee A Suite Anytime;www.candlewoodsuites.com®, Webexpress®, Where Value Stays®, Your Studio Hotel® InterContinental Hotels Group is a trade name describing the subsidiary companies of InterContinental Hotels Group PLC involved in the hotel business around the world. In the U.S., Holiday Hospitality Franchising, Inc. is the franchisor/licensor of most InterContinental Hotels Group brand names and marks. Trademarks owned by an InterContinental Hotels Group company may not be used or displayed publicly without the prior written permission of the owner of the marks, except for downloaded logos and photographs as provided for elsewhere on this site. LIABILITY DISCLAIMER THESE SERVICES AND THE MATERIALS FOUND ON THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. SIX CONTINENTS HOTELS, INC. FURTHER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS ACCESSIBLE HEREBY OR CONTAINED WITHIN THE MATERIALS, OR SECURITY OF THE ACCESS OR SERVICE. SIX CONTINENTS HOTELS, INC. MAY MAKE CHANGES TO THE SERVICE, MATERIALS, OR THE PROGRAMS, POLICIES OR OTHER INFORMATION DESCRIBED HEREIN, AT ANY TIME WITHOUT NOTICE. SIX CONTINENTS HOTELS, INC. MAKES NO COMMITMENT TO UPDATE THE MATERIALS, MAINTAIN THE SERVICE, OR ITS QUALITY. IN NO EVENT SHALL SIX CONTINENTS HOTELS, INC. AND/OR ITS SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING LOSS OF PROFITS OR DATA, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICE, EVEN IF SIX CONTINENTS HOTELS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY PRESENTLY NOT APPLY TO YOU. NO UNLAWFUL OR PROHIBITED USE As a condition of your use of the Service, you warrant to Six Continents Hotels, Inc. that you will not use this Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. LINKS TO THIRD-PARTY SITES SCH Web sites may contain hyperlinks to Web sites operated by parties other than Six Continents Hotels, Inc. Such hyperlinks are provided for your reference only. Six Continents Hotels, Inc. does not control such Web sites and is not responsible for their contents. The inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators. CHANGES TO THIS AGREEMENT Six Continents Hotels, Inc. may at any time in its sole discretion modify the Service or the terms of access to this Site. Your continued use of the Site following any such modification, shall be deemed acceptance of such modification. GENERAL Any claim relating to this Agreement, the Materials, or the Service shall by governed by the laws of the State of Georgia, United States of America, exclusive of the choice of law rules thereof. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior oral and written agreements. No failure or delay on the part of Six Continents Hotels, Inc. in exercising any right or remedy hereunder or enforcing the terms and conditions of this Agreement will operate as a waiver thereof. If any part or provision of this Agreement is found to be invalid, unenforceable or void, then the remaining portion shall remain in full force and effect. Headings are for convenience only and not for use in interpretation of this Agreement. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Six Continents Hotels, Inc. as a result of this agreement or use of the Service. Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event. Any rights not expressly granted herein are reserved. USE OF THE SERVICE AND ACCESS TO THE WEB SITE The Service is provided solely for you to make legitimate, personal use of the internet and for no other purposes. You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use the Service in accordance with all terms and conditions herein. You agree to be financially responsible for all of your use (as well as for authorized use of your account by others). You agree to supervise all usage by minors of this Service site under your name or account. You also warrant that all information supplied by you in using this Service is true and accurate. You agree to abide by the terms or conditions of purchase imposed, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of rates, products, or services. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Service or accessing any Web site by way of the Service.