The Grand Canyon State
 

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TERMS OF USE


  1. DEFINITIONS

    1. Parties

      "You" and "your" refer to you, as a user of this websitesite. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses this website. "We", "us", and "our" refer to TheAZHotSpots.

    2. Content

      "Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Member Content" refers to Content that members submit or transmit to, through, or in connection with this website. "Our Content" refers to Content that we create and make available in connection with this website. "Third Party Content" refers to Content that originates from parties other than TheAZHotSpots or our Members, which is made available in connection with this website. "Site Content" refers to all of the Content that is made available in connection with this website, including Member Content, Our Content, and Third Party Content.

  2. USING THIS WEBSITE

    1. Permissions

      We grant you permission to use this website subject to the restrictions in these Terms of Use. Your use of this website is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

    2. Website Availability

      This website may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

  3. CONTENT

    1. Advertising

      We may publicly display advertisements and other information adjacent to or included with Member Content. The manner, mode and extent of such advertising are subject to change without specific notice to you.

    2. Other

      Member Content does not necessarily reflect the opinion of TheAZHotSpots. We reserve the right to remove, screen, edit, or reinstate Member Content from time to time at our sole discretion and without notice to you.

  4. RESTRICTIONS

    You agree not to, and will not assist, encourage, or enable others to use this website to:

    1. Violate our Content Guidelines, for example, by writing a fake or defamatory review, trading reviews with other businesses, or compensating someone or being compensated to write a review;
    2. Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
    3. Promote a business or other commercial venture or event, or otherwise use this website for commercial purposes, except in connection with a Member Account and as expressly permitted by TheAZHotSpots;
    4. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit this website or Our Content (other than "your" Content), except as expressly authorized by TheAZHotSpots;
    5. Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of this website or any Site Content;
    6. Reverse engineer any portion of this website;
    7. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of this website or on any materials printed or copied from this website;
    8. Record, process, or mine information about other users;
    9. Access, retrieve or index any portion of this website for purposes of constructing or populating a searchable database of business reviews;
    10. Reformat or frame any portion of this website;
    11. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our technology infrastructure or otherwise make excessive traffic demands of this website;
    12. Attempt to gain unauthorized access to this website, member accounts, computer systems or networks connected to this website through hacking, password mining or any other means;
    13. Use this website to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");
    14. Use any device, software or routine that interferes with the proper working of this website, or otherwise attempt to interfere with the proper working of this website;
    15. Use this website to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, this website or Our Content; or
    16. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of this website, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of this website;
    17. Violate these Terms of Use;
    18. Violate any applicable law.
    19. The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us here, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.

  5. FEEDBACK

    By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, expressed or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.

  6. THIRD PARTIES

    This website includes links to other websites and/or applications (each, a "Third Party Site"). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.

    Some of the services made available through this website are provided in connection with third parties and subject to additional terms.

  7. INDEMNITY

    You agree to indemnify, defend, and hold TheAZHotSpots, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of this website, (ii) your violation of these Terms of Use, (iii) any products or services purchased or obtained by you in connection with this website, or (iv) the infringement by you, of any intellectual property or other right of any person or entity. TheAZHotSpots reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of TheAZHotSpots. TheAZHotSpots will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

  8. DISCLAIMERS AND LIMITATIONS OF LIABILITY

    PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THEAZHOTSPOTS AND OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.

    1. THIS WEBSITE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. YOUR USE OF THIS WEBSITE IS AT YOUR OWN DISCRETION AND RISK. THEAZHOTSPOTS ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THIS WEBSITE, ITS SAFETY OR SECURITY, OR THE WEBSITE CONTENT. ACCORDINGLY, THEAZHOTSPOTS ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, OR REVIEWS.

    2. THEAZHOTSPOTS ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE SPONSORS LISTED ON THIS WEBSITE. ACCORDINGLY, THEAZHOTSPOTS ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS, INCLUDING, FOR EXAMPLE, IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES LISTED ON THIS WEBSITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY BUSSINESSES THROUGH THIS WEBSITE IS AT YOUR OWN DISCRETION AND RISK.

    3. THEAZHOTSPOTS ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THIS WEBSITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THEAZHOTSPOTS ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.

    4. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THIS WEBSITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THIS WEBSITE.

  9. LAW AND VENUE

    Arizona law will govern these Terms of Use, as well as any claim, cause of action or dispute that might arise between you and TheAZHotSpots (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN MARICOPA COUNTY, ARIZONA.

  10. TERMINATION

    1. You may terminate these Terms of Use at any time by discontinuing your use of this website.

    2. We may suspend your ability to use certain portions of this website, and/or ban you altogether from this website for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing this website, Site Content, or any other related information.

  11. GENERAL TERMS

    1. We reserve the right to modify, update, or discontinue this website at our sole discretion, at any time, for any or no reason, and without notice or liability.
    2. Except as otherwise stated in Section 7 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
    3. These Terms of Use contain the entire agreement between you and us regarding the use of this website, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Use.
    4. Any failure on our part to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
    5. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable.
    6. These Terms of Use are not assignable, transferable or sublicensable by you except with our prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of these Terms of Use shall be void.
    7. Section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
  12. CHANGES TO THESE TERMS

    We may modify these Terms of Use from time to time. When changes are made, we will notify you by making the revised version available on this webpage, and will indicate at the bottom of this page the date that revisions were last made. You should revisit these Terms of Use on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of updated Terms of Use. You understand and agree that your continued access to or use of this website after any posted modification to the Terms of Use indicates your acceptance of the modification.

These terms are current and became effective and binding on October 18, 2011.
Please read them carefully.

 
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