Terms of Use

www.Cendyn.com – TERMS OF USE

ACCEPTANCE OF TERMS

This website (the "Site"), including but not limited to all information, documents, communications, files, text, and graphics available through this Site (collectively the "Materials") and all products or services offered or operated by Cendyn through this Site (collectively the "Services"), are available for use subject to the terms and conditions set forth herein and any changes to this document that Cendyn may publish from time to time (collectively the "Terms of Use"). By accessing or using this Site in any way, including without limitation, use of any of the Services, downloading any of the Materials, or merely browsing the Site, you agree to be bound by the Terms of Use and Privacy Policy described herein.

INTELLECTUAL PROPERTY

The Materials and Services on this Site are the exclusive property of Cendyn and are protected by copyright, trademark, patent, and/or other intellectual property laws. Any unauthorized use of the Materials or Services at this Site may violate such laws and the Terms of Use. Except as expressly provided herein, Cendyn and its suppliers do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, or its Services, except as expressly authorized herein.

TRADEMARKS

The trademarks, logos, and service marks ("Marks") displayed on this Site are the property of Cendyn. You are not permitted to use the Marks without the prior written consent of Cendyn. The following Marks are the intellectual property of Cendyn:

eBooker™
eBrochure®
eCard™
eConcierge®
eConnectivity®
eContact
eDine
eFaceTime
eGiftCard
eIdentity®
eInsight®
eLeads®
eMail
eMenus®
ePlanner®
ePostcard®
ePresence
eProposal®
eP LITE™
eReputation®
eStatability™
eSurvey
eUpgrade®
eVisibility
getplanning™
RFP Tool Kit®
Cendyn 360° Advertising®
Visual Meetings Search Engine®
Cendyn Quick Quote®

USE OF THE SERVICES AND MATERIALS

Except as stated to the contrary elsewhere on this Site, permission to download, use, and print Materials (such as white papers, press releases, datasheets and FAQs) is granted subject to the following conditions: (i) the Materials may be used solely for non commercial or internal business purposes; (ii) the Materials may not be modified or altered in any way; (iii) you may not create derivative works from the Materials available through the Site; (iv) the Materials may not be distributed or sold, rented, leased, transferred, or licensed to others; (v) you may not remove any copyright or other proprietary notices contained in the Materials; (vi) Cendyn reserves the right to revoke this authorization to view, download, and print the Materials available on this Site at any time, and any such use shall be discontinued immediately upon notice from Cendyn.

Elements of the Site are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Cendyn website may be copied or retransmitted unless expressly permitted by Cendyn.

When using Services on this Site, you shall be subject to any posted guidelines, rules, or licenses applicable to such Services in addition to these Terms of Use.  By way of example but not limitation, you agree that when using the Services, you will not (i) use the Services in connection with surveys, contests, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise); (ii) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (iii) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information; (iv) upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same; (v) use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any third party, (vi) upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another; (vii) advertise or offer to sell or buy any goods or services for any business purpose;(viii) download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner; (ix) falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; (x) restrict or inhibit any other user from using and enjoying the Services; (xi) violate any code of conduct or other guidelines which may be applicable for any particular Service; (xii) harvest or otherwise collect information about others, including e mail addresses; (xiii) violate any applicable laws or regulations; (xiv) create a false identity for the purpose of misleading others; and (xv) use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

USER CONDUCT WHILE USING THE WEBSITE

In using the Site, including all Services and Materials available through it, you agree: (i) not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked sites; (ii) not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; (iii) not to create a false identity; (iv) not to use or attempt to use another's account, password, service, or system without authorization from Cendyn; and (v) not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.

USER CONTENT

Cendyn may, but is not obligated to, monitor or review (i) any areas on the Site where users transmit or post content ("User Content"). Cendyn reserves the right, in its sole discretion, to delete or remove User Content from the Site and to restrict, suspend, or terminate access to all or part of this Site. Notwithstanding the forgoing, Cendyn does not control or endorse User Content, messages or information found in any Services. Therefore, to the maximum extent permitted by law, Cendyn will have no liability related to User Content arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Cendyn further disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content.

ACCOUNT NUMBERS AND PASSWORDS

You are responsible for maintaining the confidentiality of your account number, account name, and/or password, if applicable. You are responsible for damages resulting from all uses of your account number, account name, and/or password, whether actually or expressly authorized by you, unless access to your account number, account name, and/or password was obtained through no fault or negligence of your own.

WARRANTIES AND DISCLAIMERS

THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, CENDYN MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY SERVICES, OR MATERIALS ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY DEFECTS IN THE SITE, ITS SERVICES OR MATERIALS, WILL BE CORRECTED.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS.

YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) CENDYN DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THIRD PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) CENDYN MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) CENDYN SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. CENDYN ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED THROUGH THE SITE.

LIMITATION OF LIABILITY

IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL CENDYN, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT CENDYN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

PRIVACY POLICY

Cendyn is committed to safeguarding your privacy while visiting the Site. Our goal is to provide you with an internet experience that delivers the information, resources and services that are most relevant to your business requirements. To achieve this goal, part of the operation of the Site includes the gathering of certain types of information about Site users. Because we understand that your privacy is important, we wish to explain the types of information we gather and the way in which we use it.

This Privacy Policy covers two types of information gathered at the Site, personal and aggregated. The term "personal information" refers to data you voluntarily provide in connection with use of the Site that identifies you and/or the company on whose behalf you are accessing and using the Site. Personal information includes, but may not be limited to data submitted in connection with the Services, such as your name, e-mail address, phone number, company affiliation, physical address and/or certain other personal information. The term "Aggregated Data" refers to general information regarding visitors and users of the Site that relates to use of the Site, e.g., traffic patterns, number of visits to certain pages, visits from other web sites or to third-party web sites linked to the Site, use of particular services and interest in services, information or features of the Site or other parties made available through or found at the Site.

What information is collected about you? How do we use it?

We take the utmost care to ensure that the personal information we obtain from you is not used in a way that you may be unaware of or not agreeable to. You may wish to submit an information request about one of our Products or Services, participate in one of our promotions or subscribe to our e-mail or postal mail lists. In response, we may ask for information such as your name and postal address. In the event you opt to provide us with this information, we will only use it for the purpose specified by you at the bottom of the information gathering form. All forms will provide an opt-out button to allow you to choose not to participate in Cendyn lists and future online marketing. In deciding whether or not to join such lists, please note that they are only used for Cendyn purposes or in joint promotions with a Cendyn partner. We do not sell, rent or share any of your personal information with any other party including any third-party joint promoters, nor use it for unapproved commercial purposes. You may request to be removed from our lists at any time. All emails distributed to our lists will contain easy, online access to unsubscribe.

Use of Aggregated Data

Cendyn is interested in improving the Site and may develop and offer new features and services. We monitor Aggregated Data regarding use of the Site for marketing purposes and to study, improve and promote use of the Site. In connection with such purposes, Cendyn may share Aggregated Data with third parties collectively and in an anonymous way. Disclosure of Aggregated Data does not reveal personal information about individual Site users in any way that identifies who they are or how to contact them.

Exceptions to the Privacy Policy

Cendyn has two exceptions to these limits on use of personal information:

(1) Cendyn may monitor and, when we believe in good faith that disclosure is required, disclose information to protect the security, property, assets and/or rights of Cendyn from unauthorized use, or misuse, of the Site or anything found at the Site;

(2) Cendyn may disclose information when required by law; however, only to the extent necessary and in a manner that seeks to maintain the privacy of the individual.

Use of Cookies

To enable features at the Site, Cendyn may assign one or more "cookies" to your Internet browser. Cookies, among other things, speed navigation through our Site, keep track of information so that you do not have to re-enter it each time you visit our Site, and may provide you with customized content. A cookie is an internet mechanism composed of a small text file containing a unique identification number that permits a web server to send small pieces of information or text by means of your browser and place them on your computer's hard drive for storage. This text lets the web server know if you have previously visited the web page. Cookies by themselves cannot be used to find out the identity of any user.

We use cookies to collect and maintain aggregated data (such as the number of visitors) to help us see which areas are most popular with our users and improve and update the content on our site. While in the process of browsing our site, you also provide us with information that doesn't reveal your personal identity -- what type of destination you're exploring, for example. We use this aggregated data only as explained in this Privacy Policy. We do not connect aggregated data to any name, address, or other identifying information.

Links Provided To Other Sites

Cendyn may provide links to a number of other web sites that we believe might offer you useful examples of our work and services. However, those sites may not follow the same privacy policies as Cendyn. Therefore, we are not responsible for the privacy policies or the actions of any third parties, including without limitation, any web site owners whose sites may be reached through this Site, nor can we control the activities of those web sites. We urge you to contact the relevant parties controlling these sites or accessing their on-line policies for the relevant information about their data collection practices before submitting any personal information or other sensitive data.

POLICY MODIFICATIONS AND CONTACT INFORMATION

Cendyn reserves the right to change the Terms of Use at any time; notice of changes will be published on this page. If you have questions about our policies, please contact:

Cendyn Contracts Administrator
1515 North Federal Highway, Suite 419, Boca Raton, FL 33432
Phone 561-750-3173

ENTIRE AGREEMENT

The Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between Cendyn and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Cendyn to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision.

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