RESTRICTIONS ON USE OF SITE AND CONTENT

Except as set forth below with respect to “Communications” (as defined below): (i) all rights in the information, data, text, software, music, photographs, pictures, designs, graphics, logos, files, products, services, images, videos, messages, sounds, files, and other materials contained and/or displayed on the Site, the layout and design of the Site, and the selection and arrangement of material on the Site are owned or licensed by Four Seasons (hereinafter the “Content”); and (ii) you may not modify, alter, download, upload, post, reproduce, distribute, publish, transmit, copy, display, transfer, sell, re-sell, perform, license or sublicense the Content or use the Content to create derivative works in any form, manner or by any means, for any commercial purpose without the prior written permission of Four Seasons, and/or otherwise as specifically provided herein.

Subject to your compliance with the terms of this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Content solely in connection with your permitted use of the Site and solely for your personal and for non-commercial purposes.

This Site displays or references valuable trademarks owned by Corte Novella (including but not limited to the “CORTE NOVELLA” mark, and the logo used by Corte Novella to distinguish its services and wares (collectively, the “Marks”). The Marks and related proprietary property are protected from copying and simulation under national and international laws, and you may not reproduce, download, upload, copy or otherwise use the Marks in any manner without the express prior written permission of Corte Novella. Many of the Marks, including CORTE NOVELLA®, CORTE NOVELLA HOTEL & RESIDENCE®, and the logo -- are registered in the ITALY Patent and Trademark Office and/or in other trademark offices and agencies throughout the world. Other trademarks not owned by Corte Novella and referenced on this Site are the property of their respective owners.

The Site may contain or reference the Marks, and/or other trademarks, service marks, trade names, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights (collectively the “IP”) owned by Corte Novella and/or other parties. No license to or right in any such IP is granted to or conferred upon you and you may not use the IP for any purpose (including those identified in the restrictions provisions set forth below), except as otherwise permitted herein or as permitted by law.

In addition to the foregoing restrictions, you further agree that in connection with your Use of the Site, you will not in any manner:

Additional restrictions on the Use of this Site are set forth in other provisions of this Agreement.

RESERVATIONS/RENTALS AT CORTE NOVELLA HOTEL & RESIDENCE

You shall make only legitimate reservations in good faith for use only by you and/or your invited guests and/or others on whose behalf you are authorized to act, and not for other purposes, including without limitation, reselling, impermissibly assigning or posting on third party websites, or making speculative, false or fraudulent reservations, or any reservations in anticipation of demand. We reserve the right to cancel or modify reservations in our sole discretion for any reasons, including where it appears that a customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error, even if such mistake or error is ours. To contest the cancellation of a booking or freezing or closure of an account, please contact our Customer Support.

PASSWORDS

Our Site may provide you with the ability to use usernames, passwords, or other codes or devices to gain access to certain portions of our Site (“Passwords”). You are entirely responsible for maintaining the confidentiality of your Passwords and for all activities that occur under your account. We reserve the right to immediately terminate your account in our sole discretion and without prior notice to you, including, for example, if you violate any part of this Agreement or the EULA.

COMMUNICATIONS

With respect to all communications you make available, provide or send to Corte Novella, including but not limited to information, feedback, questions, comments, proposals, content, suggestions, submissions, hotel reviews, photographs, images, designs, music, videos, ideas, concepts, know-how, content, techniques and/or any other materials (\"Communications\"), and all Communications you post, display or upload on the Site, you grant (or warrant that the owner of such materials expressly granted) Corte Novella a worldwide, nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right and license in our sole discretion to: (i) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, publicly display and perform and/or otherwise use or disclose to or share with others such Communications or incorporate such Communications into any form, forum, medium, or technology for any purpose whatsoever throughout the world in any media, now known or hereafter devised, including, without limitation, the development, production and marketing of products and services that incorporate such Communications; (ii) use the name that you submit in connection with such Communications; and/or provide attribution of your Communications (for example, by listing your name and hometown on a hotel review that you submit) at our sole discretion; and (iii) pursue at law any person or entity that violates your or our rights in the Communications by a breach of these Terms. You expressly waive any and all ‘moral rights’ (including rights of attribution or integrity) that may subsist in your Communications.

We take no responsibility and are not liable for any Communications posted on the Site or submitted by you. We have no obligation to post your Communications and reserve the right in our sole discretion to determine whether to publish and/or keep Communications on the Site. We shall have the right (but not the obligation) to monitor and review Communications transmitted or received through the Site and to censor, edit, remove or prohibit the transmission or receipt of Communications (in whole or in part) that we deem inappropriate or in violation of this Agreement. During monitoring, your Communications may be examined, recorded or copied by us, and your use of the Site constitutes your consent to such monitoring, recording and review. The above is limited only by our commitment and obligations pertaining to your personal information set forth in the Privacy Policy. If you do not agree to these terms, please do not use the Site or the Application.

Subject to the foregoing, nothing in this Agreement shall be deemed to restrict any rights that you may have to use, modify and/or otherwise exploit your Communications

Please do not send us any confidential messages, and please use Internet e-mail only to send us non-confidential messages. Do not include confidential personal or private information. Please do not use Internet e-mail to send us transaction instructions (including, for example, instructions that include credit card, wire transfer, routing, banking or other confidential information). Customers who choose to send Internet e-mail messages to Four Seasons that contain confidential, private or personal information do so entirely at their own risk.

CORTE NOVELLA’ RIGHT TO MAKE CHANGES

Corte Novella reserves the right to make changes, corrections, cancellations and/or improvements to the Site and Content, and the products, services and programs described therein at any time without notice, including after confirmation of a transaction.

INDEMNIFICATION AND RELEASE

You hereby indemnify, defend and hold us and the hotels we and our affiliates manage and each of our respective owners, parents, partners, subsidiaries, affiliates, franchisees, officers, directors, agents, contractors, subcontractors, attorneys, guests, residents, visitors, licensees, invitees, permitees and employees (collectively, the \"Indemnified Parties\") harmless from and against any and all allegations, demands, claims, liabilities, damages, fines, penalties, liens, actions, agreements, suits, causes of action, obligations, controversies, debts, expenses, judgments, orders and liabilities or costs of whatsoever nature (including attorneys' fees), including without limitation, claims for wrongful death of or injury to any person, loss of or damage to any property, infringement or violation of any intellectual property or personal rights (including without limitation, copyright, patent, trade secret, trademark, service mark, domain name, artist, droit moral, privacy, and/or publicity related rights, or defamation) or violation of any other rights of any kind (hereinafter each a “Claim” and collectively, “Claims”) which arise out of, concern, pertain or relate in any way to: (i) this Agreement (including without limitation, a breach by you of this Agreement or the EULA); (ii) the Site, including but not limited to the Use of or inability to Use or access the Site or the Application or the functioning or non-functioning of the Site or Application; (iii) the Content; (iv) Third Party Sites; (v) the Communications; (vi) the Passwords; (vii) the IP; (viii) any act or omission by you, including without limitation, any transaction in which you engage on and/or in connection with the Site, the Application and/or any Third Party Sites; and/or (ix) the performance or failure to perform by the Indemnified Parties in connection with any transaction, or activity on or relating to the Site, the Application and/or any Third Party Sites (hereinafter subsections (i)-(ix) of this section are referred to as the “Claims List”).

DISCLAIMER AND LIMITATION OF LIABILITY AND WAIVER

Your Use of the Site and the Application is at your own risk. The Site and the Application are provided “as is\" and on an “as available\" basis without representations or warranties of any kind, either express, implied or statutory. To the maximum extent permissible pursuant to applicable law, on behalf of the Indemnified Parties, we expressly disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, design, accuracy, capability, sufficiency, suitability, capacity, completeness, availability or compatibility, or arising from course of dealing or course of performance. We expressly exclude, and you hereby waive any liability on the part of the Indemnified Parties for any special, indirect, direct, incidental, consequential or punitive damages or any other damages whatsoever, including but not limited to loss of profits, data, income, revenue, business, contracts, savings or anticipated savings, goodwill or cost of cover, or wasted management, business, personal or office time, arising out of or relating to the Site, the Application or the Content, and whether caused in whole or in part by negligence, acts of god, telecommunications failure, theft, destruction or any other reason.

In particular, and without limitation, we make no oral, written or any other representations, warranties or endorsements regarding the Application, the Content or the Site (including but not limited to the Use and/or operation of the Site), and disclaim any and all liability regarding the Application, the Content and the Site (including but not limited to the Use and/or operation of the Site).

If you are dissatisfied with the Site or any aspect thereof, or members or suppliers associated herewith, as the case may be, your sole and exclusive remedy shall be to discontinue use of the Site.

OUR LIABILITY AND/OR RESPONSIBILITY FOR PRODUCTS AND/OR SERVICES PROVIDED ON OR THROUGH THE SITE IS LIMITED TO DAMAGES ARISING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. YOUR REMEDY IS LIMITED TO REPLACEMENT OF SUCH PRODUCTS OR SERVICES. WITH RESPECT TO PRODUCTS OR SERVICES ON THE SITE FOR WHICH WE ARE NOT THE ACTUAL PROVIDERS OF SUCH PRODUCTS AND SERVICES, WE DISCLAIM ANY AND ALL LIABILITY RELATING TO THEM. SHOULD YOU HAVE ANY ISSUES WITH SUCH PRODUCTS AND SERVICES, YOU AGREE THAT YOUR SOLE RECOURSE IS WITH THE MERCHANT OR SERVICE PROVIDER WHO PROVIDED SUCH PRODUCTS AND SERVICES AND NOT WITH US.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE US AND YOU.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS.

ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711)

We make no guaranty of confidentiality or privacy of any Communications or information transmitted on the Site or any website linked to the Site. We will not be liable for the privacy of Communications and/or any other information, e-mail addresses, registration and identification information, disk space, confidential or trade-secret information, or any other content transmitted over networks accessed by the Site, or otherwise connected with your use of the Site.

NO AGENCY

You and we are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

DISPUTE RESOLUTION

(No Jury Trial or Class Action, Arbitration, IT Court Actions)

1. No Jury Trial or Class Action

YOU ACKNOWLEDGE AND AGREE THAT YOU AND WE ARE EACH WAIVING ANY RIGHT YOU OR WE MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING REGARDING ANY “DISPUTES” (as defined below), INCLUDING ANY “IP PROTECTION ACTION” (as defined below) AND “OTHER ACTION” (as defined below).

2. Arbitration

General

You and we agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity hereof or the Use of the Site or regarding Communications, Passwords or Claims (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court, and (ii) to seek injunctive or other equitable relief in the IT Courts (as defined below) to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”).

Changes

Notwithstanding the terms of this Agreement permitting us to change the terms hereof, if we change this “Dispute Resolution” section after the date you first accepted the terms of this Agreement (or accepted any subsequent changes to the terms hereof), you may reject any such change by sending us written notice to the address set forth below under “Contact Information” within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of our email to you (if any) notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and us in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted the terms of this Agreement (or accepted any subsequent changes to the terms hereof