PLEASE READ THIS USER AGREEMENT (THIS “AGREEMENT”) CAREFULLY BEFORE USING THE LASVEGASCONCIERGE.COM WEB SITE (THE “SITE”). YOUR USE OF THE SITE IS EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. YOUR USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW THE TERMS AND CONDITIONS AND TO BE BOUND BY THEM. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS, THEN YOU ARE NOT PERMITTED TO USE THIS SITE.
1. OWNERSHIP. The Site is owned and operated by LasVegasConcierge.com The mailing address for LasVegasConcierge.com is 2211 Paradise Road Las Vegas Nevada 89104
2. ACCESS TO THE SERVICES. Subject to the Terms and Conditions of this Agreement, LasVegasConcierge.com may offer to provide certain products and services, as described more fully on the Site, and which are selected by you through the process provided on the Site (“Services”), solely for your own use, and not for the use or benefit of any third party.
Services shall include, but not be limited to, any services LasVegasConcierge.com performs for you, as well as the offering of any content on the Site. LasVegasConcierge.com may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. LasVegasConcierge.com may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. LasVegasConcierge.com reserves the right to update or modify the Terms and Conditions at any time without prior notice. Your use of the Site following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed.
For this reason, LasVegasConcierge.com encourages you to review the Terms and Conditions whenever you use the Site. You certify to LasVegasConcierge.com that if you are an individual (i.e., not a corporation) you are at least 18 years of age. You also certify that you are legally permitted to use the Services and access the Site, and take full responsibility for the selection and use of the Services and access of the Site. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services. LasVegasConcierge.com cannot promise that access to the Site will be uninterrupted or available at all times. LasVegasConcierge.com assumes no liability or responsibility for any delay, interruption, or downtime.
3. SITE CONTENT. The Site and its contents are intended solely for the use of LasVegasConcierge.com users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Site (including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the “Content”) are protected by copyright. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.
You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section of this Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
You may download or copy the Content, and other items displayed on the Site for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from LasVegasConcierge.com, or from the copyright holder identified in such Content’s copyright notice.
5. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. §§ 2701-2711). LasVegasConcierge.com makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any web site linked to the Site. LasVegasConcierge.com will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on LasVegasConcierge.com’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Services.
6. INDEMNITY. You agree to defend, indemnify and hold harmless LasVegasConcierge.com, its affiliated companies and their respective officers, directors, , employees, and agents, from and against any claims, actions, demands, damages, losses, liabilities, costs, or expenses, including, without limitation, reasonable legal and accounting frees, resulting from or arising out of your breach of the Terms and Conditions, your use of the Site, User Submissions submitted by you, or your use of any information obtained from the Site or any Content.
7. LIMITATION OF LIABILITY. Under no circumstances shall LasVegasConcierge.com, its affiliates or any of their employees, directors, officers, agents, vendors or suppliers be liable for any direct or indirect losses or damages arising out of or in connection with the use of or inability to use the Site.
This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether by statute, law or in contract, negligence or other tortuous action, even if an authorized representative of LasVegasConcierge.com or its affiliates has been advised or should have known of the possibility of such damages.
If you are dissatisfied with the Site or any content on the Site, or with the Terms and Conditions, your sole and exclusive remedy is to discontinue using the Site. You acknowledge, by your use of the Site, that your use of the Site is at your sole risk. Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. If any part of this limitation of liability is found to be invalid, inapplicable or unenforceable for any reason, then the aggregate liability of LasVegasConcierge.com and its affiliates in such circumstances for liabilities that otherwise would have been limited shall not exceed [two hundred fifty dollars (U.S. $250.00)].
8. FEES AND PAYMENT. Some of the Services require payment of fees. You shall pay all applicable fees, as described on the Site in connection with such Services selected by you. LasVegasConcierge.com reserves the right to change its price list and to institute new charges at any time, upon ten (7) days prior notice to you, which may be sent by email or posted on the Site. Use of the Services by you following such notification constitutes your acceptance of any new or increased charges.
9. ATTORNEY'S FEES. If LasVegasConcierge.com or its affiliates take any action to enforce this Agreement and these terms and conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
10. INJUNCTIVE RELIEF. You acknowledge that a violation or attempted violation of this Agreement and the Terms and Conditions will cause such damage to LasVegasConcierge.com as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that LasVegasConcierge.com shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of the Terms and Conditions by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by LasVegasConcierge.com in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.