Terms and Conditions

Last updated April 22, 2013

1. INTRODUCTION

By using or accessing HealthyStays.com, EnvironmentallyFriendlyHotels.com or a subdomain of these websites (hereafter referred to as the "Site"), you agree to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you have no right to obtain information from or otherwise use this Web site.

You agree to the terms and conditions outlined in this Terms of Use Agreement (""Agreement") with respect to the Site and the service (""Service") it provides. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to each use of the Site.

2. THIS SITE IS A VENUE

This Site operates as a venue connecting eco-conscious travelers with green hotels. The Site is not a party to any reservation agreement or other agreement between travelers and hotels that make use of the Site.

3. DISCLAIMER OF WARRANTIES AND LIABILITIES

This Site has used reasonable efforts in collecting and preparing information and material, but does not warrant that the material and information is complete or accurate. The material and information may contain inaccuracies or typographical errors. The Site makes no representations about the accuracy, completeness, reliability, or timeliness of the material or information. Changes are made to the site on a periodic basis and may be made at any time. The Site disclaims any and all liability to any individual, organization or other entity for any loss or damage caused by errors or omissions contained in, or associated with, the Site whether such errors or omissions arise from negligence, accident or any other cause.

THIS SITE AND THE INFORMATION, NAMES, IMAGES, PICTURES, LOGOS AND ICONS REGARDING OR RELATING TO HEALTHYSTAYS.COM, LLC, ENVIRONMENTALLYFRIENDLYHOTELS.COM, ITS OFFICERS, CONSULTANTS, AGENTS, EMPLOYEES,SUPPLIERS, AGENTS AND ITS AFFILIATES ARE PROVIDED ON AN AS IS AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. USE OF THIS SITE IS AT YOUR OWN RISK.

IN NO EVENT SHALL HEALTHYSTAYS.COM, LLC, ENVIRONMENTALLYFRIENDLYHOTELS.COM, SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM LOSS OF USE, DATA AND/OR PROFITS ALLEGED TO HAVE RESULTED FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEB SITE. THE SUBSCRIBER AGREES THAT THE LIABILITY OF HEALTHYSTAYS.COM, LLC, ENVIRONMENTALLYFRIENDLYHOTELS.COM, ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE), IN ANY WAY CONNECTED WITH THE SERVICE OR THE INFORMATION IN THE SERVICE, SHALL NOT EXCEED THE AMOUNT THE SUBSCRIBER PAID TO ENVIRONMENTALLYFRIENDLYHOTELS.COM FOR USE OF THE SERVICE.

LINKS TO OTHER SITES This Site includes links to third party web sites. These links are provide solely as a convenience to our site visitors and not as an endorsement of the contents of these third party web sites. The Site is not responsible for the content of these linked, third party web sites and makes no representations regarding their content or accuracy. If you decide to access these linked, third party web sites, you do so at your own risk. The Site may discontinue or change the Service, or its availability, at any time without notice. The rights and obligations of this Agreement are not assignable. If any provision of this Agreement is invalid under applicable law, the remaining provisions will continue in full force and effect. This Agreement, all intellectual property issues, and your rights and obligations shall be governed by the laws of the United States of America and the State of Colorado governing contracts wholly entered into and wholly performed within Colorado.

4. TRAVEL NOTIFICATION

Although most travel is generally incident-free, travel to some international destinations may involve a higher risk than others. The Site urges travelers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government and other destination governments before booking travel. Information can be found on the Internet at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.

THE SITE LISTS HOTELS IN DESTINATIONS THROUGHOUT THE WORLD. THE SITE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO ANY DESTINATION IS WITHOUT RISK OR ADVISABLE. THE SITE IS NOT LIABLE FOR ANY DAMAGES OR LOSSES THAT MAY OCCUR FROM TRAVEL TO ANY DESTINATION.

5. COMMENTS, REVIEWS, HOTEL SUBMISSIONS ANS OTHER SUBMISSIONS

Please know that by submitting content to this Site via email, forms on this Site or otherwise including comments, contact us, hotel submissions, hotel reviews, questions or any other submissions ("Submissions"), you grant the Site and its affiliates a nonexclusive, perpetual, royalty-free, transferable and irrevocable right to use, reproduce, modify, publish and publicly display such Submissions in any media and to use the name that you entered in the Submission. The Site may choose to attribute your reviews or comments based on our discretion. You acknowledge that all Submissions are not confidential.

6. NOTICE OF COPYRIGHT AGENT

This Site has designated an agent to receive notifications of alleged copyright infringement for the the Site and related company domains. If you believe your copyrighted work is being infringed, please notify our copyright agent:

John Koechel, Attorney at Law Email Address: copyright@environmentallyfriendlyhotels.com

When notifying us of the alleged copyright infringement, please include the following information:

  • a description of the copyrighted work that is the subject of the claimed infringement
  • a description of the infringing material and information sufficient to permit the Site to locate the material
  • contact information for you, including your address, telephone number and/or email address
  • a statement by you that you have a good faith belief that use of the material in the matter complained of is not authorized by the copyright owner, or its agent, or the law
  • a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed
  • a physical or electronic signature of the copyright owner or a person authorized to act on its behalf
  • Failure to include all of the above-listed information may delay the processing of your complaint.

    7. PRIVACY POLICY

    The Site respects your privacy. We will NOT release your personal information without your consent. We do not sell, trade or rent your personal information to any outside organizations. Please see our complete Privacy Policy for further details.

    8. COPYRIGHT AND TRADEMARK NOTICES

    All contents of this Site are: ©2013 HealthyStays.com, LLC. All rights reserved. The Site is not responsible for content on websites operated by parties other than the Site. EnvironmentallyFriendlyHotels.com, its logo and all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of HealthyStays.com, LLC and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Site or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers and footers, graphics, scripts and icons, is the service mark, trademark and/or trade dress of the Site and may not be copied, imitated or used, in whole or in part, without the written permission of the Site. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by the Site.

    9. SUBSCRIPTIONS, TERM, LISTING TERMINATION AND REFUND REQUESTS

    Subscription Pricing: The Site reserves the right to change subscription pricing at any time and to offer special pricing at any time including but not limited to free trials, discounted subscription prices, higher or lower subscription prices and new or additional subscription prices and durations.

    Subscription Term: Each hotel subscription is intended to run the full term that the hotelier signs up for. The term starts on the date that the hotelier signs up for the subscription.

    Listing Termination: The Site reserves the right to terminate a listing if, in its sole discretion, it determines the hotelier has submitted false information regarding its hotel property including inaccurate descriptions, false claims regarding the hotel's green attributes or other features, complaints from travelers, or if a Site representative visits the hotel and determines that the listing submission is inaccurate or contains false claims. The Site further reserves the right to terminate any listing that the Site deems contains unsuitable material for the Site or its database.No refunds will be provided if a listing is terminated.

    Refund Requests: No refunds will be provided during a subscription period, but a request to terminate a subscription will end any recurring billing that is in place at that time and the listing will be removed from the Site.