PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THIS SITE.
Your use of this site is expressly conditioned on your acceptance of the following terms and conditions. By using this site, you signify your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use this site.
1. OWNERSHIP. This site, and each of its modules, together with the arrangement and compilation of the content found on this site, is the copyrighted property of tobyresorts.com and/or its affiliates ("tobyresorts.com and affiliates") and/or its or their various third party providers and distributors. Much of the content found on this site is owned by third party providers and distributors.
2. USE OF SITE. tobyresorts.com and affiliates grants you a limited, non-transferable license to use this site in accordance with the terms and conditions of this User Agreement. You may only use this site to make legitimate reservations, reservation request or purchases. This site and the content provided in this site, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of tobyresorts.com and affiliates, and/or its third party providers and distributors, except that you may download, display and print the materials presented on this site for your personal, non-commercial use only. You shall not use or authorize or permit any third party to use on your behalf any "robot," "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this site, in any case without the prior written permission of tobyresorts.com and affiliates. You shall not utilize any software, application, or algorithm, whether integrated in a browser or otherwise, that modifies or adds content to the layout, design, or content of any tobyresorts.com and affiliates webpage. You agree that you will not transmit or otherwise transfer any Web pages, data or content found on this site to any other computer, server, Web site, or other medium for mass distribution or for use in any commercial enterprise. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this site. You agree that you will not take any action that imposes a burden or load on our infrastructure that tobyresorts.com and affiliates deems in its sole discretion to be unreasonable or disproportionate to the benefits tobyresorts.com and affiliates obtains from your use of the site. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other Web site or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this site. Notwithstanding the foregoing, if you have been notified by tobyresorts.com and affiliates that you are prohibited from using the site, then you have no license to use the site and any access by you or on your behalf shall be unauthorized and unlawful. tobyresorts.com and affiliates may provide notice under this or any other section of this agreement via an email sent to the email address contained in your user profile or otherwise used to make a booking on this site. tobyresorts.com and affiliates reserves the right to cancel any and all bookings or other transactions you have made on the site after you have been prohibited from using the site, with no liability whatsoever to you.
3. AGE AND RESPONSIBILITY. If you use this site, you are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your account or password. You represent that you are of sufficient legal age to use this site and to create binding legal obligations for any liability you may incur as a result of the use of this site. You understand that you are financially responsible for all uses of this site by you and those using your login information.
5. REVIEW OF TRANSMISSIONS; SUBMITTED CONTENT. tobyresorts.com and affiliates shall have the right (but not the obligation) to, from time to time monitor and review any information transmitted or received through this site and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that tobyresorts.com and affiliates deems inappropriate or in violation of these terms and conditions. These terms and conditions apply to any journals, recommendations, opinions, news articles, directories, guides, text, photographs, illustrations, graphics, logos, audio clips and images, information, data, photographs, software, messages, ideas, comments, questions, or other materials received by tobyresorts.com and affiliates from you (collectively "Submitted Content"). During monitoring, the Submitted Content may be examined, recorded or copied, and your use of this site constitutes your consent to such monitoring and review. You agree that you are responsible for the Submitted Content, and tobyresorts.com and affiliates disclaims any responsibility and assumes no liability with respect to Submitted Content. By providing Submitted Content, you warrant that: (a) you are the owner of such Submitted Content, or have been granted all the rights necessary from the owner thereof to provide such Submitted Content to tobyresorts.com and affiliates and for the use by tobyresorts.com and affiliates and its affiliates as stated herein, and (b) the use of such Submitted Content by tobyresorts.com and affiliates will not infringe the intellectual property rights of or otherwise violate the rights of any third party. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right or any other harm resulting from your use of the site. You agree that if you provide Submitted Content, you grant tobyresorts.com and affiliates and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, perform, transfer, or sell such Submitted Content in any form, media or technology for any purpose whatsoever, including, without limitation, a commercial purpose, without any compensation to you. You agree that you will not publish, submit, provide, or display such Submitted Content to or on any other commercial travel-related web-site or on-line service without tobyresorts.com and affiliates's prior written consent, which consent may be withheld by tobyresorts.com and affiliates in its discretion. You agree that tobyresorts.com and affiliates may choose to provide attribution of Submitted Content provided by you (for example, showing your name and hometown on a travel review that you submit) at our discretion, and that such Submitted Content may be shared with our supplier partners, affiliates, customers and other third parties.
6. EXCLUSION OF WARRANTY. tobyresorts.com and affiliates AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. tobyresorts.com and affiliates AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER tobyresorts.com and affiliates NOR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM tobyresorts.com and affiliates ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM STATE TO STATE.
7. LIMITATION OF LIABILITY. tobyresorts.com and affiliates ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT SHALL tobyresorts.com and affiliates OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY tobyresorts.com and affiliates OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS, INCLUDING, BUT NOT LIMITED TO, NON PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. THE CARRIERS,HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ON THIS SITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF tobyresorts.com and affiliates. tobyresorts.com and affiliates IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. tobyresorts.com and affiliates SHALL HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND SHALL HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY. BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, tobyresorts.com and affiliates DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. IN ADDITION, tobyresorts.com and affiliates EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS (INCLUDING, WITHOUT LIMITATION, TYPOGRAPHICAL OR DISPLAY ERRORS, INCORRECT SUPPLIER INFORMATION, AND CURRENCY CONVERSION MISCALCULATIONS) ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. THIS RIGHT APPLIES WHETHER OR NOT THE ORDER HAS BEEN CONFIRMED AND/OR YOUR CREDIT CARD CHARGED. IN THE EVENT OF A CORRECTION TO A PENDING RESERVATION, AS YOUR SOLE AND EXCLUSIVE REMEDY WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR, AT YOUR OPTION, WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY. If, notwithstanding the foregoing, tobyresorts.com and affiliates or any third party provider or distributor should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this site or its content, the liability of tobyresorts.com and affiliates and the third party providers and distributors shall in no event exceed, in the aggregate, the greater of (a) the subscription fee and service charge for accessing this site, or (b) US$100.00. In its sole discretion, in addition to any other rights or remedies available to tobyresorts.com and affiliates and without any liability whatsoever, tobyresorts.com and affiliates at any time and without notice may terminate or restrict your access to any component of this site. Some states do not allow limitation of liability, so the foregoing limitation may not apply to you.
8. INDEMNIFICATION. You shall defend and indemnify tobyresorts.com and affiliates and any third party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this site (including without limitation any violation by you of this User Agreement).
9. CLAIMS OF COPYRIGHT INFRINGEMENT. The Digital Millennium Copyright Act of 1998 (as amended, the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that we have wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter- notices must meet the then-current statutory requirements imposed by the DMCA; see 17 U.S.C 512 for details. Notices and counter-notices with respect to the Site should be sent to tobyresorts.com and affiliates 3989 Henning Drive, Suite 217, Burnaby, British Columbia, V5C 6N5. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
10. LINKS. This site contains links to other Web sites which are provided solely as a convenience to you and not as an endorsement by tobyresorts.com and affiliates, its third party providers or distributors of the contents of such other Web sites. None of tobyresorts.com and affiliates or any third party provider or distributor shall be responsible for the content of any other Web sites and make no representation or warranty regarding any other Web sites or the contents or materials on such Web sites. If you decide to access other Web sites, you do so at your own risk.
11. RELATIONSHIP. The relationship between tobyresorts.com and affiliates and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
12. GOVERNING LAW. This Agreement and its performance shall be governed by the laws of the state of Texas, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Dallas county, the state of Texas, United States of America, in all questions and controversies arising out of your use of this site and this Agreement. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this site must be brought within two (2) years from the date on which such claim or action arose or accrued.
13. ATTORNEY'S FEES. If tobyresorts.com and affiliates or its affiliates take any action to enforce this User 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.
14. INJUNCTIVE RELIEF. You acknowledge that a violation or attempted violation of any of this User Agreement and these terms and conditions will cause such damage to tobyresorts.com and affiliates 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 tobyresorts.com and affiliates 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 these 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 tobyresorts.com and affiliates 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.
15. TERMINATION. tobyresorts.com and affiliates may terminate this User Agreement and these terms and conditions and/or the provision of any of the services at any time for any reason, including any improper use of this site or your failure to comply with these terms and conditions. Such termination shall not affect any right to relief to which tobyresorts.com and affiliates and its third party providers and distributors may be entitled, at law or in equity. Upon termination of this User Agreement and these terms and conditions, all rights granted to you will terminate and revert to tobyresorts.com and affiliates and its third party providers or distributors, as applicable.
16. ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
17. MODIFICATION. tobyresorts.com and affiliates may at any time modify these terms and conditions and your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use.
18. ADDITIONAL TERMS. Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this site, and you agree to abide by such other terms and conditions. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that if you violate any such supplier's rules and restrictions, it may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, and in your forfeiting any monies paid for such reservation(s). tobyresorts.com and affiliates may debit your account or charge you for any costs we incur as a result of such violation.
19. SEVERABILITY. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
20. HEADINGS. The headings used in this User Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein.
21. ENTIRE AGREEMENT. This User Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.
Registered Seller of tobyresorts.com and/or affiliates is registered as a seller of travel in the state listed below: