WEBSITE USER AGREEMENT for
Wheatley Memorial Institute Web Sites
This agreement is governed by the laws of the State of
North Carolina, USA. You hereby consent to the exclusive jurisdiction and venue
of courts in Henderson County, North Carolina, USA, in all disputes arising out
of or relating to the use of websites owned and operated by
Wheatley Memorial Institute of Information Sciences (hereinafter referred to as
WMI) a 401.c.3 not-for-profit North Carolina corporation. Use of
WMI websites is unauthorized
in any jurisdiction that does not give effect to all provisions of these terms
and conditions, including, without limitation, this paragraph.
LIMITED RIGHT TO USE
WMI websitesare for your personal and noncommercial use in accordance with the
terms and conditions of this agreement, and as a condition of your use you
warrant and represent to WMI that you will not use WMI websites
for any illegal purpose or for any purpose that is prohibited by the terms and
conditions of this agreement. Specifically, you may not modify, copy,
distribute, transmit, publish, display, license, create derivative works from or
sell any product, services, information or software obtained from
WMI websites.
COPYRIGHT AND TRADEMARK NOTICES
WMI websitesare operated by, and the contents of
WMI websites are copyrighted
by WMI. All rights reserved. Included in WMI websites are trademarks
and/or service marks of WMI. Other product and company names mentioned herein
may be the trademarks of their respective owners.
NONTRANSFERABLE
Your right to use WMI websites is not transferable.
LIABILITY DISCLAIMER AND LIMITS
The information, products and services published on WMI websites may include
inaccuracies or typographical errors. Changes are periodically added to the
information set forth on each website
WMI and/or
our respective suppliers may make improvements and/or changes in
any WMI website
at any time.
WMI and/or our respective suppliers make no representations about the
suitability of the information, products and services contained on
WMI websites
for any purpose. All such information, products and services are provided "as
is" without warranty of any kind. WMI and/or our respective suppliers hereby
disclaim all warranties and conditions with regard to this information, products
and/or services, including all implied warranties and conditions of salability,
fitness for a particular purpose, title and non infringement.
In no event shall WMI and/or their respective suppliers be liable for any
direct, indirect, punitive, incidental, special or consequential damages arising
out of or in any way connected with the use of WMI websites or with the delay or
inability to use WMI websites, or for any information, products or services
obtained through WMI websites, or otherwise arising out of the use of
WMI websites, whether based on contract, tort, strict liability or otherwise, even if WMI and/or their respective suppliers have been advised of the possibility of
damages.
NO UNLAWFUL OR PROHIBITED USE
Under no circumstances should WMI websites be used for unlawful and or
prohibited purposes, including that of helping others to aquire services
illegally. Under no circumstances may WMI websites be used for any form of
violent or terrorist activities.
USE OF INFORMATION
By using WMI websites you authorize us and our vendors to use and assign all
information provided by you in any manner consistent with our Privacy Policy.
You may view our Privacy Policy by clicking HERE.
CONTENT
We do not guarantee to accuracy of information included in
WMI websites. We
receive this content on faith from our vendors and associates. We also cannot be
held responsible for typographical errors. We will correct any and all errors
brought to our attention by sending an appropriate e-mail to
editor@wheatley.lib.nc.us.
LINKS TO OTHER WEBSITES
This website may from time to time may provide and/or change links to websites
operated by third parties. Further, services and products may also be described
and illustrated. The presence of this content does not imply endorsement by WMI.
These links are provided to you for your reference and convenience only. WMI
does not own or control the content of those websites and is not responsible for
their content or your use of them.
TAX RECOVERY CHARGE
In connection with facilitating your travel arrangements, the operators of our
affiliated booking engines are required to pay to their travel suppliers, as and
when billed by each supplier, an amount equal to certain taxes, governmental
fees and other charges that such supplier must remit to the appropriate taxing
authorities. WMI is not the vendor collecting and remitting taxes to such taxing
authorities. The actual amount paid to a vendor may vary from the tax recovery
charge, depending upon the rates, taxability or other factors in effect at the
time of the actual use of a given travel service by our customers. As of the
date of this document, there is no sales tax charged in Alaska, Delaware,
Montana, New Hampshire and Oregon. Please note that certain jurisdictions may
also impose a hotel occupancy tax or other type of transaction tax upon the
renting of a hotel room, an automobile, etc. The type of tax collected by a
vendor will vary by service and location.
TERMS OF SERVICE
The cost of your reservation is the total of: the indicated room rate multiplied
times the number of days in your reservation, tax charges and our service fees.
The tax charge is assessed to recover all local occupancy, value added and other
similar taxes paid in connection with your reservation order. You may cancel or
change your reservation, but you may be charged the cancellation or change fee
as indicated on the reservation order form. In addition, if you do not cancel or
change your reservation prior to the hotel's cancellation policy period, which
varies by hotel (usually 24 to 72 hours prior to your date of arrival), you will
be subject to a charge of one-night's room rate, tax charges and service fees.
(See the hotel description for each hotel's cancellation policy period.) You
agree to pay any cancellation or change fee that you incur. Sometimes, hotels do
not permit changes to or cancellations of reservations after they are made for
stays during holiday periods or special events or in order to get a special,
lower room rate.
You agree that your credit card will be charged for the full amount of your
reservation when WMI accepts your SAVE RATE HOTEL RESERVATION order. You will be
notified before the SAVE RATE HOTEL RESERVATION order is completed and your
credit card is charged if a SAVE RATE HOTEL RESERVATION is non refundable or non
changeable.
You agree to abide by the terms and conditions imposed with respect to any
completed reservation order for a hotel stay as specified on the reservation
order form. You will be completely responsible for all charges, fees, duties,
taxes and assessments arising out of the use of this website
CURRENCY CONVERTER
Currency rates on this website are based on various publicly available sources
and should be used only as guidelines. Rates displayed are not verified as
accurate, actual rates may vary and currency quotes are not updated daily. Check
the date on the Currency Converter for the date the subject currency was last
updated. WMI does not warrant or guarantee the accuracy of any such information.
WMI does not authorize the use of this information for any purpose other than
personal use and hereby prohibit, to the maximum extent allowable, the resale,
redistribution, and use of this information for commercial purposes.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless WMI, its officers, directors,
employees and agents, from and against any claims, actions, losses, damages or
demands, including without limitation reasonable legal and accounting fees,
arising out of or resulting from your use of WMI websites and/or
material or your
breach of the terms of these Terms and Conditions. WMI shall provide notice to
you promptly of any such claim, suit, or proceeding.
The aggregate liability for WMI to you for all claims arising from the use of
WMI websites and
materials is limited to $200.
CONTRACT INFORMATION
No contract will exist between you and WMI for the sale via
WMI websites to you
of any product or service.
MANNER OF COMMUNICATION
You communicate with WMI electronically whenever you visit WMI or
send e-mail to us. You consent to receive communications from WMI
electronically. We will communicate with you by posting notices on this site or
by e-mail. You agree that all notices, disclosures, agreements and other
communications that we provide to you electronically satisfy any legal
requirements that communications be in writing.
MISCELLANEOUS
You agree that no joint venture, partnership, employment, or agency relationship
exists between you and WMI as a result of this agreement or use of this website.
WMI will provide any information contained in its databases to legal authorities
if requested upon with proper warrants and authority. The user of this website
agrees to not hold WMI responsible for any outcome of such actions.
You warrant that you are at least 18 years of age and possess the legal
authority to enter into this agreement and to use WMI websites in accordance
with all terms and conditions herein.
Any rights not expressly granted herein are reserved.
RIGHT TO CHANGE THIS POLICY
WMI reserves the right to modify or change the terms and conditions of this
agreement at any time without prior notice to you. Your use of
WMI websites
after any modification of this agreement constitutes an acceptance of any such
modification.
SUBJECT TO EXISTING LAWS
WMI's performance of this agreement is subject to existing laws. Nothing
contained in this agreement is in derogation of WMI's right to comply with law
enforcement requests or requirements relating to your use of
WMI websites or
information provided to or gathered by WMI with respect to your use of
WMI websites.
SEVERABILITY
If any provision of this agreement is determined to be invalid or unenforceable
pursuant to applicable law by any court of competent jurisdiction, the other
provisions of this agreement will remain in full force and effect. Any provision
of this agreement held to be invalid or unenforceable, including but not limited
to the warranty disclaimers and liability limitations set forth above, will be
deemed superseded by a valid, enforceable provision that most closely matches
the intent of the original provision.
SELLER OF TRAVEL
Wheatley Memorial Institute of Information Sciences is registered as an
affiliate of World Choice Travel, a division of Travelocity.com LP, and is
registered in this association with the State of Florida as a Seller of Travel.
Registration No. ST34200.
Last Updated 15 January 2010
Donations to the Wheatley
Memorial Institute are normally exempt from US income taxes
under section 501(c)(3) of the IRS code. Your donation will be most
gratefully accepted.
Please make your check payable
—
and mail it
—
to:
Wheatley Memorial Institute
639 Research Park
Mountain Home NC 28758-0639
