Chaago Terms of Use Agreement (for Travelers)

Last Updated: November 08, 2007

This Terms of Use Agreement ("TOU") defines the terms and conditions applicable to Your use of services made available at or through Chaago.com and offered by Big Deal Corporation (collectively “Services”). To help you understand some of the legal language used in this document, keep in mind that "Chaago," "we," "us," and "our" all refer to Big Deal Corporation. The terms "You" and "Your" are used to refer to the party browsing Chaago.com, contacting a Hotel, or requesting information from or otherwise communicating with Big Deal Corporation in connection with the Services. The term “Hotels” is used to refer to any entity who offers to provide lodging or other goods and services through the Services. The term “Site” means Chaago.com.

1. ACCEPTANCE OF TERMS

Chaago provides the Services to You, subject to the TOU. Such services include providing You and Hotels with access to a variety of online resources and services, including the provision of information about Hotels to the public, such as special deals Hotels are running, and enabling Hotels to receive and/or accept offers from You. Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including the release of new Services, functionality, or features, shall be subject to the TOU. BY USING OUR SITE AND THE SERVICES YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THIS TOU. IF YOU DO NOT AGREE TO THIS TOU, PLEASE DO NOT USE THE SERVICES AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THE TERMS OF THIS TOU FROM TIME TO TIME. THESE CHANGES WILL BE POSTED CLEARLY ON THE SITE. We recommend that you read this TOU each time you use our Site to remain aware of the current TOU.

YOUR CONTINUED USE OF THE SERVICES FOLLOWING THE POSTING OF CHANGES TO THE TOU WILL MEAN YOU ACCEPT THOSE CHANGES. BY USING THE SERVICES, YOU AGREE TO SUCH TERMS AND CONDITIONS AS WELL.

2. OWNERSHIP OF SERVICES

This Site, the Services, and any associated software, files, data, Content, documentation, media, or any other materials provided by Chaago (collectively “Associated Materials”) are the sole property of Chaago. The Associated Materials may be protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. The Associated Materials may only be used for the intended purpose for which they are being made available. You may not modify any of the Associated Materials and You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Associated Materials or information or work contained therein. Except as authorized under the copyright laws, You must obtain permission before using any copyrighted material in the Associated Materials. By way of example and not of limitation, the use of any of the Associated Materials on any other web site or networked computer environment is prohibited.

3. MODIFICATIONS TO OR DISCONTINUATION OF THE SERVICES

Chaago reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Chaago shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the Services. Your submission of information is no guarantee that any or all information will be transmitted to a Hotel.

4. ACCURACY OF REGISTRATION DATA

In consideration of Your use of the Services, You will provide true, accurate, current and complete information about Yourself as prompted. If You provide any information that is untrue, inaccurate, not current, or incomplete, or Chaago has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Chaago has the right to refuse any and all current or future use of the Services (or any portion of the Services).

5. INFORMATION SUBMITTED TO SERVICES

All information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that You, and not Chaago, are entirely responsible for all Content that You upload, post, or otherwise transmit via the Services. Chaago does not control the Content posted or transmitted by others via the Services and, as such, does not guarantee the accuracy, integrity, or quality of such Content. You understand that by using the Services, You may be exposed to Content that is offensive, indecent, or objectionable.

6. RELATIONSHIP WITH HOTELS

Chaago is not involved in any transactions between You and Hotels. Hotels contract with You directly, and Chaago never receives or holds the funds You use to purchase lodging or other services from Hotels. Chaago does not guarantee Hotels will always honor their reservations. Chaago is not the vendor collecting and remitting any taxes assessed in connection with lodging reservations or the sale of Hotel services. You are responsible for paying all applicable taxes in accordance with Hotel policies, the contract between You and Hotel, and applicable law.

You agree to abide by the terms and conditions of purchase imposed on by You Hotels, including, but not limited to, paying for lodging or any other services in accordance with and at terms specified in Your agreements with any Hotel.

7. OWNERSHIP AND USE OF DATA

Chaago shall own all data collected from Your use of the Services and may use such data for any purpose that is consistent with Chaago’s privacy policies. [Click Here]. Chaago may make the information You provide available to Hotels.In addition, we may aggregate information that You and other individuals provide to us and disclose such aggregated, non-personally identifiable information to third parties. We may also disclose information from or about You, including Registration Data, in the good faith belief that such action is reasonably necessary to comply with the law or legal process; to enforce the TOU; in exigent circumstances, such as to protect against injury to You, us, or a third party or to Your, our, or their property; or under any of the other circumstances set forth in our privacy policy, as may be amended from time to time. For more information about our data collection and usage practices, please Click Here to see our full privacy policy

8.YOUR CONDUCT

You will not use the Services to:

(a) Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racially or ethnically offensive, or otherwise objectionable;

(b) Impersonate any person or entity, including, but not limited to, a Chaago official, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

(c) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);

(d) Upload, post or otherwise transmit any Content that You do not have a right to transmit under any law (including but not limited to copyright);

(e) Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;

(f) Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

(g) Upload, post or otherwise transmit any Content that requires membership or payment to access any or all of the Content posted. This includes, but is not limited to, Content from any other company that requires additional fees or obligations to access such Content or information;

(h) Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

(i) Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;

(j) Violate any applicable local, state, national, or international law, regulation, or ordinance;

(k) "Stalk" or otherwise harass another; or

(l) Promote or provide instructional information about illegal or harmful activities.

9. NO ENDORSEMENT OR ADVICE

As part of the Services, Chaago may make available a variety of Content through the Site prepared by itself or third parties. This Content is for informational purposes only and is not intended as tax, legal, or investment advice.

10. ACCESS & INTERFERENCE

Much of the information on the Site is updated frequently and is proprietary or is licensed to Chaago by users or third parties. You agree that You will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, You agree that You will not: (i) take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any and all measures we may use to prevent or restrict access to the Site.

11. INDEMNITY

You will indemnify, protect, defend, and hold Chaago and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your Content, Your use of the Services, Your connection to the Services, Your violation of the TOU, or Your violation of any rights of another.

12. TERMINATION

You agree that Chaago, in its sole discretion, may terminate Your access to Chaago.com, use of the Services or use of any other Chaago services for any reason, including, without limitation, if Chaago believes that You have violated or acted inconsistently with the letter or spirit of the TOU. Chaago may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. Any termination of Your access to the Services under any provision of this TOU may be effected without prior notice. Further, Chaago shall not be liable to You or any third-party for any termination of Your access to the Services.

13. LINKS

The Services may provide, or third parties may provide, links to other websites or resources. Chaago is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that Chaago shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods, or services available on or through any such website or resource.

14. USER FEEDBACK AND SUBMISSIONS POLICY

Although we welcome Your comments and feedback to the Site and the Services, except as expressly agreed by Chaago, any such submissions, comments, or feedback will not be considered confidential. Chaago cannot guarantee that it will respond to Your comments, submissions, or feedback. Notwithstanding the foregoing, if You do send us a submission, comment, or feedback, You agree not to assert any ownership right of any kind in the submission, comment, or feedback (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract) and You hereby grant Chaago a nonexclusive, perpetual, worldwide license to use the submission in every media and for every purpose now known or hereinafter discovered and You waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, credit. You release Chaago (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with Your unsolicited submissions, including without limitation all claims for theft of ideas or copyright infringement.

15. DISCLAIMER OF WARRANTIES

Your use of the Services and any Content is at Your sole risk. Chaago does not pre-screen HOTELS and shall not be responsible for any HOTEL behavior during YOUR stay at HOTEL property, any consequences of the HOTEL’S cancellations, or any failure of the HOTEL TO COMPLY WITH A CONTRACT IT ENTERS INTO WITH YOU. The Services are provided on an "as is" and an "as available" basis. Chaago expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, course of dealing, usage of trade, and non-infringement; that the Services will meet Your requirements or will be uninterrupted, timely, secure, or error-free; that the results that may be obtained from the use of the Services will be accurate or reliable; that the quality of the products, services, information, or other material purchased or obtained by You through the Services will meet Your expectations; that any errors in software will be corrected; or that any third party will perform as promised. No advice or information, whether oral or written, obtained by You from Chaago or through or from the Services shall create any warranty not expressly stated in the TOU.

16. LIMITATION OF LIABILITY

Chaago shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages or loss of profits, goodwill, use, data, or other intangible losses (even if Chaago has been advised of the possibility of such damages), including but not limited to losses resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services; (iii) unauthorized access to or alteration of Your transmissions or data; (iv) statements or conduct of any third party on the Services; (v) any other matter relating to the Services; or (vi) any action or inaction of one or more HOTELS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED FIFTY DOLLARS ($50.00)

Further, Chaago shall not be liable for any loss resulting from failure of electronic or mechanical equipment or communication lines; telephone or other interconnectivity problems; bugs, errors, configuration problems, or incompatibility of computer hardware or software; failure or unavailability of Internet access, problems with Internet service providers with intermediate computer or communications networks or facilities; problems with data transmission facilities of Your telephone or telephone service; or unauthorized access, theft, operator errors, severe weather, earthquakes, acts of God, acts of war or labor disputes. Chaago is not responsible for any damage to Your computer, software, modem, telephone or other property resulting from Your use of the Services.

You further agree that Chaago shall not be liable to You or any other third party for any information submitted to HOTELS by YOU or for the suitability or qualification of any HOTEL.

17. GENERAL RELEASE

Because Chaago is not involved in transactions between You and Hotels or any third parties, if a dispute arises between one or more users of the Services, each of You release Chaago (and its agents and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

18. NOTICE

Notices to You may be made by e-mail, facsimile, or regular mail. Chaago may also provide notices of changes to the TOU, Services, or other matters by displaying notices or links to notices on the Site.

19. GENERAL INFORMATION

The TOU and any additional terms and conditions explicitly referencing these TOU constitute the entire agreement between You and Chaago and governs Your use of the Services, superseding any prior agreements between You and Chaago. You also may be subject to additional terms and conditions that may apply when You use other Chaago services, third-party Content, or third-party software. The TOU and the relationship between You and Chaago shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You agree that any dispute arising from or relating to the use of the Site may be resolved only through binding arbitration between You and us under the commercial rules of the American Arbitration Association. This arbitration, which shall be conducted in King County, Washington, USA before neutral arbitrators, shall not involve Hotels or other users of the Services, be combined with separate arbitrations involving other users of the Services, or proceed as any type or form of class action in which the claims of similarly-situated users of the Services are pursued together. The failure of Chaago to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOU are for convenience only and have no legal or contractual effect. You and Chaago are independent entities, and no partnership, agency, joint venture, employee-employer or franchise relationship is intended or created by this Agreement.

20. COPYRIGHT AND TRADEMARK NOTICES

The name Chaago, Chaago.com, the Chaago.com logo, IT’S KIND OF A BIG DEAL, Connecting Hotels and Guests Online, Deal Zoo, Make Your Own Deal are trademarks or registered trademarks in the United States of America. Other product and company names mentioned herein may be the trademarks of their respective owners.

21. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE

In operating the Site, we may act as a "services provider" (as defined by DMCA) and offer services as online provider of materials and links to third party sites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the sites. If You believe any material available via the Site infringes a copyright, You should notify us using the notice procedure for claimed infringement under the DMCA. We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom You should address infringement notices under the DMCA is Chaago.com Legal Department, 12819 SE 38th Street, #101, Bellevue, WA 98006, legal@chaago.com, (866) 534-6191.