CupandPillow™.com, TheBedandBreakfastList.com, TheBandBList.com, TheInnList.com, TheResortList.com, TheGolfResortList.com, TheLodgeList.com, TheHostelList.com, and TheVacationRentalList.com

THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THE CupandPillow™.com, TheBedandBreakfastList.com, TheBandBList.com, TheInnList.com, TheResortList.com, TheGolfResortList.com, TheLodgeList.com, TheHostelList.com and TheVacationRentalList.com Web Sites ("Web Sites") OPERATED BY Innovative Web Enterprises, llc. ("IWE").

BY USING THE WEB SITES, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE WEB SITES. THIS IS THE EXCLUSIVE AND ENTIRE AGREEMENT BETWEEN THE WEB SITES AND YOU REGARDING ITS SUBJECT MATTER.

IWE may, in its discretion, change, supplement, or amend these Terms and Conditions as they relate to your future use of the Web Sites from time to time, for any reason, and without any prior notice or liability to you or any other person, by posting the modified Terms and Conditions on the Web Sites. You may not change, supplement, or amend these Terms and Conditions in any manner. Each time you use the Web Sites, you acknowledge and signify that you have read, understood, and agreed to be bound by these Terms and Conditions as they then read.

Copyright © Innovative Web Enterprises, llc (IWE), 2007. All Rights Reserved. The Web Sites and their content (including all information in text, graphical, video and audio forms, images, icons, software, design, applications and other elements available on or through the Web Sites) are the property of IWE and others, and are protected by international copyright and other laws. Your use of the Web Sites does not transfer to you any ownership or other rights in the Web Sites or their content.

The Web Sites may be accessed and used only by individuals who are able to enter into legally binding and enforceable contracts. Users of the Web Sites must comply with all applicable laws. The Web Sites may not be used by persons in jurisdictions where access to or use of the Web Sites or any part of them may be illegal or prohibited. If you breach any provision of these Terms and Conditions, you may no longer use the Web Sites. IWE may in its sole discretion refuse permission to access and use the Web Sites.

The Web Sites are made available to you for your lawful, personal, non-commercial use only. You may access and browse the Web Sites only using freely or commercially available, SSL-capable Web browser software. You may print or download the pages of the Web Sites for your personal, non-commercial use, provided that you do not modify any of the pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The Web Sites and their content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of IWE. You may not reproduce, copy, duplicate, sell, or resell any part of the Web Sites or sell access to the Web Sites.

In addition, you agree that: (1) you will not interfere with another member's use and enjoyment of the Web Sites; (2) you will not interfere with or disrupt IWE or Web Sites security measures; (3) you will not interfere with or disrupt networks connected to the Web Sites, and will comply with all regulations, policies and procedures of such networks; and (4) you will comply with United States law regarding the transmission of technical data exported from the United States with respect to or relating to any of your dealings with IWE. You also agree to indemnify and hold IWE, as well as its parents, subsidiaries, affiliates, officers, shareholders, employees and independent contractors, harmless from any loss, liability, damages and expenses (including without limitation reasonable attorneys' fees) resulting from any claim or demand made by any third party arising out of or in connection with your use of the Web Sites, your violation of these Terms of Use, or your violation of the rights of any third party.

We may terminate your Web Sites account/s or suspend your access to all or part of the Web Sites, without notice, if you violate these Terms of Use or if you engage in any conduct that we, in our sole discretion, believe is in violation of any applicable law or regulation or is otherwise harmful to the interests of IWE, TheBedandBreakfastList.com, any other Web Sites user, or any third party. If your account is terminated, we may, but are not required to, remove some or all of your content from our servers.

You represent and warrant that you are of legal age to enter into this Agreement and use the Web Sites pursuant to this Agreement, and that the information you submit will be true and accurate. You agree to pay for all goods and services that you, or others using your account, order through the Site. Additional terms and conditions may apply to your purchase via the Site of goods and services from third parties, and you agree to fully comply with those third parties' terms and conditions.

The Web Sites are provided on an "as is" and "with all faults" basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied conditions, warranties or representations of merchantability, fitness for a particular purpose, performance, durability, security, availability, or accessibility, all of which are hereby disclaimed by IWE to the fullest extent permitted by law. You are solely responsible for: (a) obtaining, configuring and maintaining all computer hardware, software, telephone services, and other equipment and services necessary for You to access and use the Web Sites; (b) scanning for and preventing the receipt and transmission of viruses, trojan horses, worms or other destructive or disruptive components; and (c) maintaining a complete and current backup of all of the data contained on your computer system prior to accessing or using the Web Sites.

IWE will not under any circumstances be liable to you or any other person for any loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special, indirect or consequential loss or damage or punitive damages, whether in contract, tort or under any other theory of law or equity, arising from, connected with, or relating to the use of the Web Sites by you or any other person.

In no event will IWE total liability to you or any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort or under any other theory of law or equity, and regardless of any negligence or other fault or wrongdoing by IWE or any person for whom IWE is responsible, exceed the lesser of US$10 or the purchase price of the Item that is the subject of the claim.

The exclusion of certain warranties and the exclusion or limitation of certain liabilities is prohibited by law in some jurisdictions. Such limitations may apply to you. The warranty disclaimer and liability exclusion and limitation clauses survive indefinitely after the termination of this Agreement.

The Web Sites are not intended to be a comprehensive or detailed statement concerning the matters addressed; professional or expert advice or recommendations; or an offer or recommendation to sell or buy any item, product or service, or to hire the services of any user whose work is posted on the Web Sites. You should seek appropriate, qualified professional advice and recommendations before acting or omitting to act based upon any information provided on or though the Web Sites.

Communications sent to IWE by means of the Web Sites or e-mail are not considered delivered or effective unless and until they are actually received and processed by an IWE responsible representative.

IWE is not obliged to monitor, screen, police or edit the use of the Web Sites, including postings of materials to the Web Sites, although IWE reserves the right to do so in its discretion. IWE will respond as it considers appropriate, in its discretion, if it becomes aware of any inappropriate uses of the Web Sites, including without limitation uses that constitute copyright infringement. You may report any claims concerns (including copyright infringement claims) regarding Web Sites or their content by sending an e-mail to admin@TheBedandBreakfastList.com.

By posting any Content on the Web Sites, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, perform, display, create derivative works of, and distribute such Content in any and all media (now known or later developed) throughout the world. No compensation will be paid with respect to the Content that you submit, upload, post, transmit or otherwise make available through the Web Sites. You should only upload Content to the Web Sites that you are comfortable sharing with others under the terms and conditions set forth in these Terms of Use.

The Web Sites contains Content provided by us and our licensors ("Web Sites Content"). We and our licensors (which includes other users of the Web Sites) own and retain all proprietary rights to the Web Sites Content. The compilation of all Content on this site is the exclusive property of IWE. You may not alter or remove any trademark, copyright, patent or other notice from copies
of Content.

Provided you are a user of the Web Sites, and subject to the terms and conditions of these Terms and Conditions, we hereby grant you a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to download, view, copy and print Web Sites Content from the Web Sites solely for your personal use in connection with viewing the Web Sites and using the Web Sites that we offer.

You acknowledge that all the intellectual property rights to the Web Sites Content (other than the Content you provide) are owned by IWE or our licensors (including users of the Web Sites). Except for that Content that is owned by you, that is in the public domain, for which you have been given written permission, or as expressly permitted under this Agreement, you agree not to modify, publish, transmit, distribute, perform, sell, or create derivative works based on the Content and not to decompile, reverse engineer, or copy any Content (other than the Content you provide) for which the source code is not provided to you.

IWE respects copyright law and expects our account holders to do the same. Unauthorized copying or distribution of copyrighted works is an infringement of the copyright holders' rights. IWE may terminate the account of any user who IWE believes, in its sole discretion, has infringed upon the copyright or other intellectual property right of others.

You agree that you will not post any Prohibited Content. "Prohibited Content" includes Content that: (a) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) bullies, harasses or advocates stalking, bullying, or harassment of another person; (c) involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing, or "spamming,"; (d) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) infringes another person's Content without a license to do so, whether or not the intellectual property is registered (or filed for registration) in any country; (f) promotes, copies, performs or distributes an illegal or unauthorized copy of another person's work, whether it is protected by copyright or trade secret law, or not, such as, without limitation, presenting the work of a third party as your own (plagiarism), providing stolen or illegally obtained Content, providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music, videos, or movies, or links to such pirated music, videos, or movies; (g) is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under eighteen (18); (h) provides instructional information about illegal activities such as, without limitation, making or buying illegal weapons or substances, violating someone's privacy, or providing or creating computer viruses and other harmful code; (i) solicits passwords or personally identifying information for commercial or unlawful purposes from other users of the Web Sites; (j) except as expressly approved by us, involves commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes; (k) contains viruses, Trojan horses, worms, time bombs, corrupted files, or similar software; (l) constitutes, promotes, or is used primarily for the purpose of dealing in: counterfeit goods, items subject to US embargo, illegal drugs and paraphernalia, stolen products and items used for theft, unlicensed trade or dealing in stocks or securities, gambling items, professional services regulated by state licensing regimes or non-transferable items; or (m) otherwise violates the terms of these Terms and Conditions or creates liability for us. You represent and warrant that: (a) you own the Content posted by you on the Web Sites or otherwise have the right to grant the license set forth in this Agreement and (b) your Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person.

In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information and Content we consider necessary or appropriate, including, without limitation, Web Sites account information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Content. We have the right (but not the obligation) to review any Content and delete (or modify) any Content that in our sole judgment violates these Terms and Conditions or which is Prohibited Content, or may otherwise violate the rights, harm, or threaten the safety of any user or any other person, or create liability for us, any user, or third party. We reserve the right (but have no obligation) to investigate and take appropriate legal action in our sole discretion against you if you violate this provision or any other provision of these Terms and Conditions. You understand and agree that IWE is under no obligation to display, reproduce, or distribute the Content (including Prohibited Content) that you post.

Content from other users, advertisers, affiliated sellers, referred Web Sites and other third parties may be made available to you through the Web Sites. Because we do not control such Content, (a) you agree that we are not responsible for any such Content and (b) we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other users, advertisers, and other third parties.

Your interactions with other users on the Web Sites or with advertisers, affiliated sellers including, without limitation, payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other user, affilaited seller or the advertiser. You agree that we will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other user's use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including, without limitation, any other user of the Web Sites), we are under no obligation to become involved; however, we reserve the right, but have no obligation, to monitor disputes between you and other users.

You will not use any Content or other information obtained from the Web Sites in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user of the Web Sites without their prior explicit consent.

To book or offer for sale hospitality property accommodations, or post opinions or hospitality property reviews through TheBedandBreakfastList.com you must set up an account. You may set up only one account. You may not transfer your account to another person, share it with anyone, or use it to impersonate anyone. You agree that you will provide us with accurate account information (such as your real name, valid e-mail and delivery addresses, and accurate, non-fraudulent payment information) and will update your account information if it becomes outdated. We may terminate your account if we are unable to verify or authenticate the information you provide to us.

You agree to protect your account by guarding your password, and by changing it as soon as possible if you believe its security has been compromised. You also agree to notify TheBedandBreakfastList.com, TheBandBList.com, TheInnList.com, TheResortList.com, TheGolfResortList.com, and TheVacationRentalList.com (admin@TheBedandBreakfastList.com) immediately if you believe your account has been used without your authorization. We may communicate with you via email and any other similar technology for purposes relating to your account.

"The World's Most Comprehensive List Of Independently Owned Hospitality Properties"™ and the TheBedandBreakfastList.com, TheBandBList.com, TheInnList.com, TheResortList.com, TheGolfResortList.com, and TheVacationRentalList.com Logos are registered and unregistered trademarks, service marks, and trade names owned or licensed by IWE. Other product and company names and logos appearing on the Web Sites may be registered or unregistered trade names, trademarks and service marks of their respective owners. Any use of the trade names, trademarks, service marks and logos (collectively "Marks") displayed on the Web Sites, except as expressly provided in these Terms and Conditions, is strictly prohibited. Nothing appearing on the Web Sites or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Web Sites.

The Web Sites may include advertisements for, and links to, other Web Sites or resources and businesses operated by other persons, including innkeepers, transportation service providers and original copyright holders ("Other Sites"). Other Sites are independent from TheBedandBreakfastList.com, TheBandBList.com, TheInnList.com, TheResortList.com, TheGolfResortList.com, and TheVacationRentalList.com and IWE. TheBedandBreakfastList.com, TheBandBList.com, TheInnList.com, TheResortList.com, TheGolfResortList.com, and TheVacationRentalList.com and IWE have no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Links to Other Sites are provided solely for your convenience. IWE does not sponsor or endorse any Other Sites or their content or the goods or services available through those Other Sites, except where explicitly indicated. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you shall not make any claim against IWE arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites. Any current or future links to other sites are provided as a convenience only, and we assume no responsibility or liability for the contents of those other sites, or any products or services advertised or sold on those sites.

Links to the Web Sites without the express written permission of IWE are strictly prohibited. To request permission to link to the Web Sites, please contact admin@TheBedandBreakfastList.com. Links to Other Sites from TheBedandBreakfastList.com, TheBandBList.com, TheInnList.com, TheResortList.com, TheGolfResortList.com, and TheVacationRentalList.com are made for the convenience of the reader only and may not be made by any user except for those granted an administrative password. The framing, mirroring, scraping or data-mining of the Web Sites or any of their content in any form and by any method are strictly prohibited.

You may not use any collaborative browsing or display technologies in connection with your use of the Web Sites or to post comments, communications, or any other data of any kind to or on the Web Sites with the intention that other users of the Web Sites may view such postings.

IWE collects, uses, and discloses your personal information in accordance with its Privacy Policy. IWE may change its Privacy Policy from time to time in its sole discretion. Each time you use the Web Sites, you consent to IWE's collection, use and disclosure of your personal information in accordance with its Privacy Policy as it then reads without any further notice or any liability to you or any other person.

If you send any unsolicited ideas, suggestions or other materials, including ideas for new advertising campaigns, new promotions, new or improved goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names ("Submissions") to IWE or the Web Sites, you automatically grant (or warrant that the owner of the Submissions grants) to IWE and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of IWE or its assigns, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of IWE and its assigns.

IWE may cause software to be available for you to download from the Web Sites or through other Web Sites. The software is protected by copyright. These Terms and Conditions and the software license agreement specific to the software govern your downloading and use of the software.

These Terms and Conditions and all related matters are governed solely by the laws of the State or Colorado, USA and applicable federal laws of the USA, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. The United Nations Convention On Contracts For The International Sale Of Goods does not apply.

For all disputes between IWE and you or any other person arising from, connected with or relating to the Web Sites, these Terms and Conditions, transactions facilitated or conducted through the Web Sites, Items ordered or purchased through the Web Sites, dealings between You and IWE, or any related matters or any legal relationship associated therewith or derived therefrom ("Disputes"), the relevant parties will attempt to find a reasonable solution least onerous to the parties. If a Dispute cannot be resolved by the parties, then the Dispute must be resolved before the Courts of the State of Colorado sitting in the City of Boulder, Colorado, USA, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes. Proceedings regarding Disputes must be commenced in a court of competent jurisdiction in the City of Boulder, Colorado, USA within six (6) months after the Dispute arose, after which time any and all proceedings regarding the Dispute are barred. Any shorter time limit provided by statute law remains unaffected.

If any provision of these Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

No consent or waiver by either party to or of any breach by the other party of these Terms and Conditions will be deemed or construed to be a consent to or waiver of a continuing breach or any other breach of these Terms and Conditions by that party. No consent or waiver will be effective unless in writing and signed by both parties.

You expressly request and require that these Terms and Conditions be drawn up in the English language.

Any rights not expressly granted in these Terms and Conditions are reserved to IWE.

These Terms and Conditions are subject to change without notice.