WHAT YOU SHOULD KNOW
Welcome to THE MAX HOTEL, wholly owned by Clark Broadway, LLC. Please
read our Terms of Use (the "Terms") carefully before continuing on with
your use of this Website (the “Website”.) These Terms shall govern the
use of the Website and apply to all Internet traffic visiting the
Website. By accessing or using this Website, you agree to the Terms. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS WEBSITE.
THE MAX HOTEL reserves the right, in its sole discretion, to modify,
alter or otherwise update these Terms at any time. Such modifications
shall be effective immediately upon posting. By using this Website after
we have posted notice of such modifications, alterations or updates you
agree to be bound by such revised Terms.
In accordance with our goals, this Website will permit you to link to many other websites, that may or may not be affiliated with this Website and/or THE MAX HOTEL, and that may have terms of use that differ from, or contain terms in addition to, the terms specified here. Your access to such websites through links provided on this Website is governed by the terms of use and policies of those sites, not this Website.
TRADEMARKS, COPYRIGHTS, AND RESTRICTIONS
Content on this Website or any website owned, operated, licensed or
controlled by the Providers is solely for your personal, non-commercial
use. You may print a copy of the Content and/or information contained
herein for your personal, non-commercial use only, but you may not copy,
reproduce, republish, upload, post, transmit, distribute,
and/or use in any way the Content or information in any way (including
by e-mail or other electronic means) for commercial use without the
prior written consent.
PROHIBITED ACTIVITIES
You are specifically prohibited from any use of this website for any of
the following: (a) take any action that imposes an unreasonable or
disproportionately large load on the website's infrastructure, including
but not limited to "spam" or other such unsolicited mass e-mailing
techniques; (b) disclose to, or share with, the assigned
confirmation numbers and/or passwords with any unauthorized third
parties or using the assigned confirmation numbers and/or passwords for
any unauthorized purpose; (c) attempt to decipher, decompile,
disassemble or reverse engineer any of the software or HTML code
comprising or in any way making up a part of this website; (d) upload,
post, emailing or otherwise transmitting any information, content, or
proprietary rights that You do not have a right to transmit under any
law or under contractual or fiduciary relationships; (e) violating any
applicable local, state, national or international law, including, but
not limited to, any regulations having the force of law; and, (f) using
any robot, spider, intelligent agent, other automatic device, or manual
process to search, monitor or copy Our Web pages, or the content.
LINKS
This Website may contain links to other websites ("Linked Sites"). The
Linked Sites are provided for your convenience and information only and,
as such, you access them at your own risk. The content of any Linked
Sites is not under THE MAX HOTEL’s control, and THE MAX HOTEL is not
responsible for, and does not endorse, such content, whether or not THE
MAX HOTEL is affiliated with the owners of such Linked Sites. You may
not establish a hyperlink to this Website or provide any links that
state or imply any sponsorship or endorsement of your website by THE MAX
HOTEL or its affiliates or Providers.
DISCLAIMER OF WARRANTIES AND LIABILITY
ALL CONTENT ON THIS WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES
OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES
WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW
AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, THE MAX
HOTEL DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. NEITHER THE MAX HOTEL, ITS AFFILIATED OR
RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE
CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEBSITE WARRANT THAT THE
FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE
CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE CONTENT THAT YOU ACCESS ON THIS WEBSITE IS PROVIDED SOLELY FOR YOUR
CONVENIENCE AND INFORMATION ONLY. THE MAX HOTEL DOES NOT WARRANT OR MAKE
ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THIS WEBSITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF
ANY INFORMATION CONTENT, SERVICE AND/OR MERCHANDISE ACQUIRED PURSUANT TO
YOUR USE OF THIS WEBSITE.
YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
YOU (AND NOT THE MAX HOTEL) ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT
NEITHER THE MAX HOTEL, NOR ITS AFFILIATED OR RELATED ENTITIES
(INCLUDING ITS PROVIDERS), NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR
AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION
AND DISTRIBUTION OF THIS WEBSITE, IS RESPONSIBLE OR LIABLE TO ANY
PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL,
CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER
CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED
UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEBSITE OR ANY
OTHER LINKED SITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, THE MAX HOTEL AND RELATED PERSONS AND
ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE
ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT,
DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL
RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR
OTHER MATERIALS APPEARING ON THIS WEBSITE. YOU EXPRESSLY ACKNOWLEDGE AND
AGREE THAT THE MAX HOTEL IS NOT LIABLE OR RESPONSIBLE FOR
ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR
THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH
JURISDICTIONS, THE MAX HOTEL'S LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless THE MAX HOTEL, its
officers, directors, employees, affiliates, agents, licensors, and
suppliers from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any violation by
you of these Terms.
JURISDICTIONAL ISSUES
All matters affecting the interpretation and enforcement of
these Terms & Conditions shall be governed by the laws of the State
of Colorado, in the District Court in and for the City and County of
Denver, Colorado. If any provision of these Terms shall be
unlawful, void or for any reason unenforceable, then that provision
shall be deemed sever able from these Terms and shall not affect the
validity and enforceability of any remaining provisions.
ENTIRE AGREEMENT
In the event that any inconsistencies exist between these Terms and any
future published terms of use or understanding, the last published Terms
or terms of use or understanding shall prevail.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY THE MAX HOTEL