Terms of Use

Terms of Use

Welcome to ChoiceBizCount.ca. This web site is owned and operated by Choice Hotels Canada Inc., a Canadian company (“Choice”, “we” or “us”), and maintained in Canada. By entering this site, you acknowledge and signify that you have read, understand and agree to the following Terms of Use. If you do not unconditionally accept and agree to these Terms of Use then you may not use the website.

Changes to these Terms of Use

These Terms of Use may change from time to time. The changed Terms of Use are effective immediately on posting to the website, unless the changed Terms of Use expressly state otherwise. By continuing to remain at and use this site after we post any such changes, you acknowledge and signify that you have read, understood and accept these Terms of Use as modified. We may change, restrict access to, suspend, or discontinue choicehotels.com, or any portion of this site, at any time without notice. It is your responsibility to regularly check the “Last Updated” date at the top of these Terms of Use and review and changes since the previous version.

Privacy

We collect information about the visitors to this site. By using the website you consent to the collection, use, disclosure and retention of your personal information by or on behalf of Choice in accordance with our Privacy Policy, which can be accessed here [LINK], or as otherwise permitted by applicable law.

Permitted Users

Our website may only be used by individuals who are the age of majority in the jurisdiction in which they live and are capable of forming a binding contract under applicable law. You may not use the website if you do not unconditionally accept and agree to these Terms of Use, if you have breached these Terms of Use, or if your permission to use the website has been suspended or terminated.

Service Marks and Trademarks

We never want consumers to be confused as to whether services are offered by us or other parties. We therefore vigorously protect our intellectual property rights and forbid any other parties from using our service marks, trademarks, and trade names without written permission. We own many service marks in the United States and around the world, including, among others, CHOICE HOTELS®, CHOICE HOTELS INTERNATIONAL®, CAMBRIA® HOTELS & SUITES, COMFORT INN®, COMFORT SUITES®, QUALITY®, SLEEP INN®, CLARION®, ASCEND COLLECTION®, MAINSTAY SUITES®, SUBURBAN EXTENDED STAY HOTEL®, ECONO LODGE®, RODEWAY INN®, CHOICE PRIVILEGES®, and VACATION RENTALS BY CHOICE HOTELS™. You may not (either directly or indirectly) use, copy, reproduce, republish, upload, post, transmit, distribute, register, attempt to register, or modify these marks, or any other marks that are confusingly similar to these marks, or any other marks appearing on this site without our written consent. This prohibition on use of the marks includes, without limitation, use as meta tags, in domain names, and on other sites.

Other product and company names and logos appearing on the website may be registered or unregistered trademarks, service marks or trade names of their respective owners. Any use of the trademarks, service marks or trade names displayed on the website is strictly prohibited, and nothing appearing on the website will be construed as granting any licence or right to use any of those trademarks, service marks or trade names. If you encounter any use of our marks that appears to be unauthorized, please let us know by clicking here. Some marks on this site may be owned by other parties and used with permission.

Copyrights

Our (a) site content, including but not limited to text, graphics, logos, button icons, images, audio/video clips, digital downloads, data compilations, software used to operate the site, and all compilations of any of the above, and (b) software available for download on this site, are our property, or the property of our content suppliers and vendors, and are protected by United States and international copyright laws. You will not acquire any right, title or interest in, to or associated with the website or any related technologies and data

You may use this site’s content and downloadable software only as resources for your travel needs, and not for any other use (direct or indirect). Prohibited uses include but are not limited to displaying, distributing, modifying, reproducing, republishing, decompiling, or transmitting any content on this site or the software available for download on this site in any manner without written permission from us.

Feedback

If you give any feedback (including any ideas or suggestions for enhancements or improvements) to Choice about the website or any of the activities, products and services provided by Choice, then Choice and its suppliers and licensors and their respective successors, assigns and licensees may use and commercialize the feedback in any and all ways and for any and all purposes without providing any compensation or attribution to you or any other person.

Your Information

You will ensure that all information you provide to Choice, through the website or otherwise, is true, accurate, current and complete. You will be solely responsible and liable for any and all loss, damage and additional costs to you, Choice, or any other person may incur as a result of your submission of any false, incorrect or incomplete information, or your failure to properly update your information if it changes.

Communication

You authorize Choice to (a) accept communications it receives from you by means of the website as if those communications had been given directly by you in writing and signed by you; and (b) respond to your communications through the website, by email or other means of communication. Communications you send to Choice are not effective unless and until they are processed by the responsible Choice representative. Choice may refuse to process any communications sent to Choice, or may reverse the processing of any communications sent to Choice, at any time in our discretion, and without any notice or liability to you or any other person, including if Choice believes the communication to be fraudulent or unlawful or defective, inaccurate or incomplete due to a technical malfunction.

No Advice

Our website is for general informational purposes only, and is not, and should not be construed or interpreted as, or substituted for, professional advice or recommendations (including travel, financial, legal or other professional advice). It is your responsibility to obtain appropriate advice suitable to your particular circumstances from a qualified professional before acting or omitting to act based on any information obtained on or through our website.

Links

All linking to this site must be authorized by us in advance.

This site may contain links to sites owned or operated by other parties. Such links are provided for your convenience only. Activating a link may cause your browser to leave our website and connect with another linked site.

WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR THE CONTENT OR PRIVACY POLICIES, ON, OR THE SECURITY OF, SUCH SITES. WE SPECIFICALLY DISCLAIM ANY RESPONSIBILITY IF SUCH SITES INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS; ARE INACCURATE, INCOMPLETE, OR MISLEADING; ARE NOT MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE; DO NOT PROVIDE ADEQUATE SECURITY AND PRIVACY; CONTAIN VIRUSES OR OTHER ITEMS OF A DESTRUCTIVE NATURE; OR ARE LIBELOUS OR DEFAMATORY. FURTHER, WE DO NOT ENDORSE THE CONTENT OR ANY PRODUCTS OR SERVICES AVAILABLE, ON SUCH SITES. IF YOU ESTABLISH A LINK TO SUCH SITES, YOU DO SO AT YOUR OWN RISK AND WITHOUT OUR PERMISSION, AND YOU WILL NOT MAKE ANY CLAIM AGAINST CHOICE FOR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO YOUR USE OF ANY LINKED SITE, YOUR DEALINGS WITH THE OWNER OR OPERATOR OF ANY LINKED SITE, OR ANY INFORMATION, PRODUCT, SERVICE, BUSINESS, COMPANY, OR CONTENT AVAILABLE ON OR THROUGH ANY LINKED SITE.

Permitted Use of the Website

Subject to these Terms of Use and all applicable laws, you may use the website for your lawful, personal use for non-commercial purposes only, only in the manner purposefully made available by the website and in accordance with these Terms of Use and all applicable laws. Use of the website for any other purpose or in any other manner is strictly prohibited. You are solely responsible and liable for ensuring that your access to and use of the website complies with all applicable laws

Prohibited Uses of the Website

You may not retransmit, reproduce, duplicate, copy, sell, resell or otherwise exploit the content on this site for commercial use unless we provide you with prior written permission to do so. We may refuse service, terminate access, and/or cancel transactions at our discretion.

You agree that you will not use any device, software, or other instrumentality to interfere or attempt to interfere with the proper working of our site, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein, without the prior express consent from us (such consent is deemed given for standard search-engine technology employed by Internet search sites to direct Internet users to this site).

You are responsible for the content of your submissions, and you allow us to use that content in ways consistent with our Privacy and Security Policy. You may not post or transmit to this site any unlawful, defamatory, profane, or like material, and you may not modify or abridge any functionality of the site.

You agree not to use the information on this site to advertise or solicit anyone to buy or sell any products or services (directly or indirectly), including but not limited to hotel or vacation rental management company reservation services, without our express written approval.

You agree that you will only make legitimate reservations in good faith for use by you and your invited guests only, and not for other purposes, including reselling, impermissibly assigning or posting on third party websites, or making speculative, false or fraudulent reservations, or any reservation in anticipation of demand.

You may not use choicehotels.com to reserve more than nine hotel rooms for any stay (individual night or consecutive nights) at a Choice property. Any reservation for more than nine rooms, whether made in multiples of nine or individually, is subject to cancellation at Choice’s sole discretion. To book more than nine rooms for a stay, please contact Choice’s Group Reservations at 800-544-4444.

You are prohibited from reselling any hotel rooms booked through choicehotels.com. In the event that Choice learns of the resale of rooms, all reservations booked in the resellers name may be cancelled at Choice’s sole discretion. Vacation rental management companies only offer entire homes, resort units, condos, apartments, cabins or villas for rent.  See the Vacation Rentals tab on this site for further details.

Website Content

The information and content on or available through the website is updated periodically, but is not intended to be a comprehensive, current or complete statement of all matters and developments concerning Choice and our activities, products and services, and may be subject to change at any time and without any notice to you. You are solely responsible and liable for your selection and use of the information and content on or available through our website.

The rates listed on this site are provided by the individual hotels or vacation rental management companies that manage vacation rental properties and are represented in their local currency. A “vacation rental property” is defined as a home, house, villa, condo, apartment, townhouse or other residence, managed by a vacation rental property management company that is booked through the respective toll-free dedicated vacation rental reservation line, the applicable website, or through the vacation rental management companies’ dedicated reservations phone number. Currency may be converted at this site, however, this services is provided for convenience only. We base international currency conversion on publicly available sources, so we do not warrant or guarantee that conversion rates are accurate or will be the same at the time you pay the hotel. Your payments to hotels or vacation rental management companies on this site are matters to be resolved solely between you and the hotel or vacation rental management company, and we do not assume any liability or involvement in disputes you may have with a hotel or vacation rental management company. Hotels or vacation rental management companies may change price and availability of rooms listed on this site without notice.

Limitation of Liability

All hotels franchised under Choice’s brands are independently owned and operated. All vacation rentals listed on this site are independently operated and maintained by a network of vacation rental management companies and Choice is not a party to any rental or other agreement or transactions between users and the vacation rental management companies, even if this site allows or facilitates the booking of a vacation rental or provides other ancillary products or services. Any part of an actual or potential agreement or transaction between a user and a vacation rental management company, including the quality, condition, safety or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof or any review relating to any property), the ability of a vacation rental management company to rent a vacation property or the ability of users to contract for properties are solely the responsibility of each user. You acknowledge and agree that you may be required to enter into one or more separate agreements, waivers or terms and conditions prior to making a booking or purchasing a product or service and may place additional restrictions on your booking, product or service.

CHOICE EXPRESSLY EXCLUDES ANY LIABILITY FOR ANY ACT OR OMISSION OF A FRANCHISED HOTEL, VACATION RENTAL AND VACATION RENTAL MANAGEMENT COMPANY, INCLUDING NEGLIGENCE AND WILLFUL MISCONDUCT.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL CHOICE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS, LIABILITY OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT, OR OTHERWISE) ARISING FROM, CONNECTED WITH OR RELATING TO YOUR ACCESS TO OR ANY USE OF, OR INABILITY TO USE OR ACCESS, OR RELIANCE ON, OR FUNCTIONING OF, THIS SITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, UNDER ANY LEGAL THEORY (INCLUDING CONTRACT, TORT, STRICT LIABILITY, STATUTORY LIABILITY OR ANY OTHER THEORY OF LAW) REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, INCLUDING ANY CLAIMS OF GROSS NEGLIGENCE OR FUNDAMENTAL BREACH OR ANY OTHER FAULT OR WRONGDOING, BY OR ON BEHALF OF CHOICE OR ITS REPRESENTATIVES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, LIABILITY OR DAMAGE IN ADVANCE OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF THE LOSS, LIABILITY OR DAMAGE BEING INCURRED, AND EVEN IF OTHER REMEDIES ARE NOT AVAILABLE OR DO NOT ADEQUATELY COMPENSATE YOU OR ANY OTHER PERSON FOR THE LOSS, DAMAGE OR LIABILITY.

The information and content on this site may contain technical inaccuracies and typographical errors, including inaccuracies related to pricing or availability applicable to your transaction. Choice shall not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor reservations or information affected by such inaccuracies. Choice reserves the right to make changes, corrections, cancellations and/or improvements to our content and information, and to the products and programs described in such content and information, at any time, including after confirmation of a transaction.

Disclaimer of Warranties

GENERAL DISCLAIMERS: UNLESS EXPRESSLY STATED OTHERWISE AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE PROVIDE THIS SITE CONTENT ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONG OR GUARANTEES OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, EXCEPT TO THE EXTENT THAT ANY WARRANTIES IMPLIED BY LAW CANNOT BE VALIDLY WAIVED. THE WAIVED WARRANTIES, TO THE EXTENT ALLOWED BY LAW, INCLUDE BUT ARE NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE RELATING TO ACCURACY, AVAILABILITY, COMPLETENESS, TIMELINESS, LACK OF ERRORS, CIRUSES, OR OTHER HARMFUL COMPONENTS, CORRECTION OF DEFECTS, SECURITY, RELIABILITY, OR QUALITY, ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY CHOICE. IN NO EVENT SHALL WE OR OUR FRANCHISEES OR RELATED PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) ARISING OUT OF ACCESS TO OR THE USE OR INABILITY TO USE CONTENT OR DOWNLOADABLE SOFTWARE ON THIS SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE YOUR SOLE REMEDY IS TO STOP USING THE WEBSITE.

TECHNOLOGY WAIVERS: WE MAKE NO WARRANTY THAT THIS SITE WILL MEET YOUR REQUIREMENTS OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THIS SITE. YOU UNDERSTAND AND AGREE THAT ANY CONTENT OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.

LINKED SITE DISCLAIMERS: WITHOUT LIMITING ANY OTHER DISCLAIMER, YOU ARE SOLELY RESPONSIBLE FOR THE SELECTION OF LINKED SITES TO ACHIEVE YOUR INTENDED RESULTS, AND YOU ACCESS AND USE LINKED SITES AT YOUR OWN RISK. CHOICE DOES NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE OF ANY NATURE OR KIND WHATSOEVER (WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE) REGARDING ANY LINKED SITE. CIFAR GROUP DOES NOT CONTROL, AND IS NOT RESPONSIBLE OR LIABLE FOR, ANY LINKED SITE.

The foregoing disclaimers and exclusions of liability do not apply if and to the extent prohibited by applicable law.

Indemnification

You agree, at your expense, to indemnify, defend and hold us, as well as our officers, directors, employees, agents, affiliates, distributors, franchisees, vacation rental management companies, and licensees harmless from and against any judgment, 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 arising out of your breach of these Terms of Use or in connection with your use of this site or any product or service related to this site.

Governing Law

Unless applicable law expressly provides otherwise, these Terms of Use and the website and all related matters are governed by, and will be construed and interpreted solely in accordance the laws of the Province of Ontario, Canada and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws that would lead to the application of the laws of any other jurisdiction. You and Choice attorn to the exclusive jurisdiction of the courts of the Province of Ontario to settle all disputes hereunder.

Waiver/Severability

No consent or waiver by Choice to or of any breach of you of these Terms of Use will be effective unless in writing and signed by Choice or will be considered to be a consent to or waiver of a continuing or any other breach by you. The waiver by either party of a breach or right under these Terms of Use will not constitute a waiver of any subsequent breach or right, and the rights and remedies of Choice under these Terms of Use are cumulative and not exhaustive or exclusive of any other rights or remedies to which Choice may be lawfully entitled under these Terms of Use or at law.

If any provision of these Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms of Use, which will otherwise remain in full force and effect unless as a result of the severance these Terms of Use would fail in their essential purpose.

Reservation of Rights

Any rights not expressly granted to you herein are reserved to us.

Translations

As a service to our customers, we make these Terms of Use available in several different languages. In the event of any discrepancies between the various translations of these Terms of Use, the English version of the Terms of Use is the authoritative one.

Complete Agreement

These Terms of Use set out the entire agreement between you and Choice regarding your use of the Website. These Terms of Use may not be modified except by Choice as set out above. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between you and Choice regarding the website. For greater certainty, products and services advertised on or available through the Website are governed by other applicable agreements.

Contacting Us

If you have any questions or comments regarding these Terms of Use, please contact us at:

By email:

Karen Tam, Chief Privacy Officer, privacy@choicehotels.ca

By mail:

Choice Hotels Canada Inc.
5015 Spectrum Way, Suite 400
Mississauga, ON L4W0E4
http://www.choicehotels.com/en-ca

IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS OF USE, THEN YOU MAY NOT USE THE WEBSITE.