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TIDAN HOSPITALITY GROUP WEBSITE TERMS OF USE

PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS YOUR USE OF THE WEBSITE. THIS AGREEMENT EXEMPTS TIDAN HOSPITALITY GROUP AND OTHER PERSONS FROM LIABILITY AND/OR LIMITS THEIR LIABILITY, AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ.

Parties.  These Terms of Use, along with Tidan Hospitality Group's Privacy Protection Policy http://www.tidanhotels.com/privacy-policy.htm constitute an agreement between you, all persons you represent and 9145-1971 Québec Inc. (the "Tidan Hospitality Group") regarding your access to and use of OceanSkyResort.com / fr.OceanSkyResort.com, or (collectively, the "Website") and all services, products, content and information available on or through the Website.

Acceptance.  Each time you use the Website you confirm your acceptance to be bound by these Terms of Use as then updated, and you represent and warrant that you have the legal authority to agree to and accept these Terms of Use on behalf of yourself and any person you purport to represent.  If you do not agree with any or all of the provisions of these Terms of Use, or you are not authorized to agree to and accept these Terms of Use on behalf of the person you represent, you should not access or use the Website. 

Amendments.  Tidan Hospitality Group may, from time to time and in its sole discretion, change these Terms of Use as they relate to future use of the Website, by posting revised Terms of Use on this Website. You are responsible for periodically reviewing the Terms of Use prior to using the Website.  By using the Website after revised Terms of Use have been posted, you accept to be bound by the revised Terms of Use.  You may not change these Terms of Use in any manner.

Lawful Use.  You may use the Website only in the manner described expressly in these Terms of Use and subject to all applicable laws.  Using the Website for any other purpose or in any other manner is strictly prohibited. You may print or download Website pages for your personal purposes provided that you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, trade-marks, notices, or disclaimers. The Website and its content may not, without the express prior written consent of Tidan Hospitality Group, be copied, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part.  You may not sell or resell any part of the Website or access to the Website.

No Guarantee.  Although Tidan Hospitality Group attempts to provide current and accurate information such as room availability, prices, fees and charges associated with the services on this Website, inaccuracies, omissions or other errors may sometimes occur and Tidan Hospitality Group cannot guarantee that all content and data provided on the Website will always be accurate, complete and up to date.  Tidan Hospitality Group reserves the right to correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person.

Accuracy.  All information you provide through this Website, including registration information, payment information, and transaction-related information, must be true, accurate, current and complete.  Tidan Hospitality Group will rely on the information you provide.  You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Tidan Hospitality Group or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.

Linking Etc.  Links to the Website without the express written permission of Tidan Hospitality Group are strictly prohibited.  The framing, mirroring, scraping, data-mining (or any variation thereof) of the Website or any of its content in any form and by any means is strictly prohibited.  You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications, or any other data of any kind to or on the Website with the intention that such postings may be viewed by other users of the Website.

Ownership.   This Website, including all content, text, graphics, scripts, presentation, and other information in text, graphical, video and audio forms, software, designs, applications, data, and other elements available on or through the Website (the "Content") including the manner in which the Content is presented or appears is and remains the property of Tidan Hospitality Group and its licensors, and is protected by copyright, trade-mark and other intellectual property laws.  Your use of the Website does not transfer to you any ownership or other rights in the Website or its Content.  Any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any person you represent, including without limitation any patent rights, trade-mark rights, industrial design rights and copyrights, shall be and remain the exclusive property of Tidan Hospitality Group.

Trade-Marks.  "Tidan Hospitality Group", and other names and logos appearing on or in connection with this Website (the "Trade-Marks") are registered or unregistered trade-marks, trade names and logos owned or licensed by Tidan Hospitality Group or their respective owners or licensees. Any use of the Trade-Marks, except as expressly provided in these Terms of Use, is strictly prohibited.  Nothing on this Website shall be construed as granting, any licence or right to use any of the Trade-Marks.

Privacy Protection Policy.  Tidan Hospitality Group may in its discretion monitor your use of the Website.  Tidan Hospitality Group collects, uses and discloses personal information in accordance with its Privacy Protection Policy, which is incorporated by reference into this Agreement and is available on this Website.   This Privacy Protection Policy may be changed by Tidan Hospitality Group from time to time, in its sole discretion, without notifying or being liable to you or any other person by making an amended Privacy Protection Policy accessible through the Website.  Each time you use the Website, you consent to the collection, use and disclosure of your personal information by Tidan Hospitality Group according with the Privacy Protection Policy as it then reads.

Related Sites.  For your convenience, the Website may include links or references to other web sites or resources and businesses operated by other persons (collectively "Linked Sites").  Linked Sites are independent from Tidan Hospitality Group, and Tidan Hospitality Group has no responsibility or liability for or control over Linked Sites, their business, goods, services, or content.  Tidan Hospitality Group does not sponsor or endorse Linked Sites or their business, goods, services, or content, unless expressly indicated in writing. Your use of Linked Sites and your dealings with the owners or operators of third-party sites is at your own risk, and you will not make any claim against Tidan Hospitality Group arising from, connected with, or relating to your use of Linked Sites or your dealings with the owners or operators of Linked Sites.  As between you and Tidan Hospitality Group, these Terms of Use, with all necessary modifications, applies to your access and use of any Linked Sites and their business, goods, services and content.

Contests.  From time to time Tidan Hospitality Group may make contests available to users of the Website and others. All contests are governed by these Terms of Use and the applicable Contest Rules. By participating in a contest through the Website, you signify your agreement and acceptance of these Terms of Use and the applicable Contest Rules.

DisclaimersYOUR ACCESS TO AND USE OF THIS WEBSITE IS AT YOUR OWN RISK.  THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, VERACITY, COMPLETENESS, CURRENTNESS, RELIABILITY, ACCESSIBILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, PERFORMANCE OR DURABILITY, SECURITY, VIRUS-FREE OR ERROR-FREE OPERATIONS ALL OF WHICH ARE DISCLAIMED BY Tidan Hospitality Group TO THE FULLEST EXTENT PERMITTED BY LAW.

Liability ExclusionsTidan Hospitality Group AND ITS LICENSORS AND LICENSEES WILL NEVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT,  INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THESE TERMS OF USE INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY, REGARDLESS OF ANY FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY Tidan Hospitality Group OR ANY PERSON FOR WHOM Tidan Hospitality Group IS RESPONSIBLE, AND EVEN IF Tidan Hospitality Group HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED.

Applicable Laws.  These Terms of Use, your access to and use of the Website, and all related matters are governed solely by the laws of the Province of Quebec, Canada and applicable federal laws of Canada.  Any dispute between you and Tidan Hospitality Group or any other person arising from, connected with or relating to the Website, these Terms of Use, or any related matters (collectively "Disputes") will be resolved before the Courts of the Province of Quebec, sitting in the City of Montreal to the exclusion of the courts of another jurisdiction, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes.

Restriction on Use.  Notwithstanding any other provision of these Terms of Use, Tidan Hospitality Group may in its discretion change, modify, supplement, restrict or terminate the Website or any part of it without any notice or liability to you or any other person.  Tidan Hospitality Group may in its discretion and for its convenience at any time immediately terminate, temporarily or permanently, these Terms of Use or your permission to access and use the Website without any notice or liability to you or any other person.

Termination.  If these Terms of Use or your permission to access or use all or any part of the Website is terminated for any reason, then (a) these Terms of Use and all other then existing agreements between you and Tidan Hospitality Group will continue to apply and be binding upon you regarding your prior access to and use of the Website, and anything connected with, relating to or arising there from; and (b) we may continue to use and disclose your personal information in accordance with our Privacy Policy, as amended from time to time. Sections 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 survive indefinitely after the termination of this Agreement.

Severability.  If any provision of these Terms of Use is held to be invalid or unenforceable for any reason, then those provisions will be deemed to be severed from these Terms of Use and the remaining provisions will continue in full force and effect.

Benefit.  These Terms of Use enure to the benefit of and is binding upon each of Tidan Hospitality Group and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives.  You may not assign these Terms of Use or the rights and obligations under these Terms of Use.  Tidan Hospitality Group may assign these Terms of Use and its rights and obligations under these Terms of Use without your consent.

Non Waiver.  Any rights not expressly granted by these Terms of Use are reserved to Tidan Hospitality Group.  No consent or waiver by Tidan Hospitality Group to or of any breach or default by you in your performance of your obligations under these Terms of Use will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other of your obligations; or (b) effective unless in writing and signed by Tidan Hospitality Group.

Language.  The parties have expressly requested and required that these Terms of Use be drawn up in the English language.  Les parties conviennent et exigent expressément que ces modalités d'emploi soient rédigés en anglais.

Comments or Questions.  If you have any comments or questions about these Terms of Use, please contact us at:

Tidan Hospitality Group
Corporate Office

1740, boul. René-Lévesque Ouest
Montreal, Quebec H3H 1R3
Tel : 1-877-76TIDAN (84326)
Fax : 514-931-5581
E-mail: regional@tidan.com

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Ocean Sky Hotel and Resort 4060 Galt Ocean Drive Fort Lauderdale, Florida 33308 Phone: (954) 565-6611 Fax: (954) 564-7730

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