Terms & Conditions - Ocean Palms Pismo BeachAgreement Between Customer and Myeres.com, Inc.
Welcome to the hospitality business website for Ocean Palms Pismo Beach Powered by Myeres.com (the "Website"). This Website is provided solely to assist customers in gathering travel information, determining the availability of lodging-related goods and services, making legitimate reservations or otherwise transacting business with Ocean Palms Pismo Beach and for no other purposes.
This Website and its pages, the content and infrastructure of these pages, and the online reservation service provided on these pages and through this Website (the "service") are owned, operated and provided by Myeres.com, Inc. ("Myeres.com", "us", "we" or "our") and licensed to Ocean Palms Pismo Beach. This Website is provided for your personal, non-commercial use only, subject to the terms and conditions set out below. The term "you" refers to the customer visiting and searching for accommodations or engaging in business activities with Ocean Palms Pismo Beach via the Website and/or booking a reservation through us on this Website, or through our customer service agents.
These Terms and Conditions – as may be amended from time to time – apply to all of our services directly or indirectly (through distributors) made available online, by email or by telephone. By accessing, browsing and using our Website and/or by completing a reservation, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the Privacy Statement ). If you do not accept all of these terms and conditions, please do not use this Website. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.
1. Scope of our ServiceThrough this standalone hospitality Website Powered by Myeres.com , we (Myeres.com) provide an online digital marketing and reservations platform through which Ocean Palms Pismo Beach can advertise their products and services, and through which visitors to the Website can make reservations and engage or communicate with the business. By making a reservation through Myeres.com, you enter into a direct and legally binding contractual relationship with Ocean Palms Pismo Beach. From the point at which you make your reservation, we act solely as an intermediary between you and Ocean Palms Pismo Beach, transmitting the details of your reservation to Ocean Palms Pismo Beach and sending you a confirmation email for and on behalf of the business. Your confirmation email is your contract between Ocean Palms Pismo Beach and yourself.
When rendering our services, the information that we disclose is based on the information provided to us by Ocean Palms Pismo Beach. As such, Ocean Palms Pismo Beach is given access to an extranet through which they are fully responsible for updating all property and service description content, rates, availability and other information which is displayed on our Website. Although we will use reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors including manifest and typographical errors, any interruptions whether due to any temporary and/or partial breakdown, repair, upgrade or maintenance of our Website or otherwise, inaccurate, misleading or untrue information or non-delivery of information. Ocean Palms Pismo Beach remains responsible at all times for the accuracy, completeness, and correctness of the descriptive information including the rates and availability displayed on our Website based on a contractual agreement between Ocean Palms Pismo Beach or third party data provider and Myeres.com. Myeres.com does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level or rating of Ocean Palms Pismo Beach. Myeres.com does not guarantee adherence to The Americans with Disabilities Act (ADA) Title III or Website Content Accessibility Guidelines (WCAG) 2.0 on behalf of Ocean Palms Pismo Beach.
2. Use of the WebsiteAs a condition of your use of this Website, you warrant that:
1. You possess the legal authority to create a binding legal obligation,
2. You will use this Website in accordance with this Agreement,
3. You will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act,
4. All information supplied by you on this Website is true, accurate, current and complete, and
5. If you have an Myeres.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
Our services are made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on our Website for any commercial or competitive activity or purpose.
3. Rates and Lowest Price PromiseThe prices or rates on our site are highly competitive. All lodging-related rates on the Myeres.com platform/Website are per room for your entire stay and are displayed including transient or lodging tax and all other taxes per the property, unless stated otherwise on our Website or in the confirmation email.
Sometimes cheaper rates are available at our Website for a specific stay or service at a hospitality business, however, these rates made by the business may carry special restrictions and conditions, for example in respect of cancellation and refund. Please check the rate details thoroughly for any such conditions prior to making your reservation.
In the event of a strike-thru rate, where we have struck through the original price and offered a discounted rate, we have simply relayed a deal that the business has set up in the extranet based on their parameters of deal length, duration, and discount percentage or amount savings. We cannot guarantee the authenticity of the mark-down percentage but will render and provide the ability to book at the purported price.
We want you to pay the lowest price possible for your stay at a hospitality business. Should you find your room or accommodations, with the same reservations conditions, at a lower rate on the Internet after you have made a reservation through us, we will match the difference between our rate and the lower rate. Under the terms and conditions of the Myeres.com Lowest Price Promise, if you find a lower rate on a competitor's site up until your Cancellation Period, we will work with the business to match the lower discovered rate.
Please Note: The Lowest Price Promise will be ineligible in the event that you are redirected to a third-party booking engine from Ocean Palms Pismo Beach's hospitality Website Powered by Myeres.com .
In order to contest a lower published rate elsewhere, you will need to contact Myeres.com at 800-711-9955 with the details of where and when you came across the lower published rate. Upon review for accuracy, customer service will edit your reservation's rate to reflect the discount, and resend you an updated reservation confirmation.
5. Free of chargeOur service to customers who are looking to discover places to stay, venues to dine and be entertained is free of charge. Unlike many of our competitors, we will not charge you for our service or add any additional reservation or booking fees to the rates displayed on our site. We will not charge your credit card, as you will pay Ocean Palms Pismo Beach or 3rd Party Data Provider directly for your stay or service. We are simply a search and booking platform for business with the simple goal of finding the right place for your stay, dine, or be entertained at the right price.
6. Credit Card Security StandardsMany partner businesses require credit card details in order to guarantee your reservation. As such, we will send your credit card information directly to Ocean Palms Pismo Beach at which your booking is made and we may verify (i.e. pre-authorize) your credit card as well. In order to safeguard and encrypt your credit card information when in transit to us, we use Secure Socket Layer (SSL) and Transport Layer Security (TLS) technology provided by industry leader GoDaddy, Inc. for our services.
In the event of credit card fraud or unauthorized use of your credit card by third parties, most banks and credit card companies bear the risk and cover all the charges resulting from such fraud or misuse. In order to be indemnified, please make sure that you report this fraud to your credit card provider (in accordance with its reporting rules and procedures) and contact us immediately by email at firstname.lastname@example.org. Please state 'credit card fraud' in the subject line of your email and provide us with evidence of the charged deductible (e.g. policy of the credit card company). This indemnification only applies to credit card reservations made using Myeres.com's secure server and does not cover the unauthorized use of your credit card as a result of your default or negligence and through no fault of our own while using the secure server.
7. Reviews aka Myeres.comWe appreciate the sharing of our community's insights. Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, including any business reviews aka Myeres.coms, photographs, video, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you (a) grant Myeres.com and its affiliates a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) grant Myeres.com and its affiliates and sub-licensees the right to use the name that you submit in connection with such Submission, if they choose. However, you acknowledge that Myeres.com may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on an Myeres.com review that you submit) at our discretion. You further grant Myeres.com the right to pursue at law any person or entity that violates your or Myeres.com rights in the Submissions by a breach of this Agreement. We take no responsibility and assume no liability for any Submissions posted or submitted by you. If you do not agree to these terms and conditions, please do not provide us with any Submissions.
You are fully responsible for the content of your Submissions, specifically including, but not limited to, reviews posted to this Website. You are prohibited from posting or transmitting to or from this Website:
(i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law;
(ii) any commercial material or content including, but not limited to, solicitation of funds, advertising, or marketing of any goods or services;
(iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary rights of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website.
You acknowledge that Myeres.com has the right to control (e.g. use, publish, remove) any content you submit without notice to you. If you submit more than one review for the same business, we reserve the right to choose the most eligible submission for use.
If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information:
1. A clear identification of the copyrighted work you claim was infringed.
2. A clear identification of the material you claim is infringing the copyrighted work and information that will allow us to locate that material on the Website, such as a link to the infringing material.
3. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
4. A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."
5. A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
6. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7. Notices with respect to this Website should be sent to:
Myeres.com, Inc., PO Box 5315 San Luis Obispo, Ca. 93403
We will review and address all notices that comply with the requirements above.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that you may be liable for damages if you make a false claim of copyright infringement.
8. Reservation CancellationsBy making a reservation with Ocean Palms Pismo Beach, you accept and agree to the relevant cancellation and no-show policy of Ocean Palms Pismo Beach, and to any additional (delivery) terms and conditions of the business that may apply to your reservation or during your stay, including for services rendered and/or products offered by the business (the delivery terms and conditions of a business can be obtained from Ocean Palms Pismo Beach). The general cancellation and no-show policy of Ocean Palms Pismo Beach are made available on our Website at the business information pages, during the reservation procedure, and in the confirmation email. Please note that certain rates or special offers are not eligible for cancellation or change. Please check the details thoroughly for any such conditions prior to making your reservation.
If you wish to review, adjust or cancel your reservation, please revert to the confirmation email and follow the instructions therein. Please note that you may be charged for your cancellation in accordance with the business' cancellation and no-show policy. We recommend that you read the cancellation and no-show policy of the business carefully prior to making your reservation.
9. Currency ConverterCurrency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not necessarily updated every day. Check the date on the currency converter feature for the day that currency was last updated. The information supplied by this application is believed to be accurate, but Myeres.com does not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use.
10. Copyright and Trademark NoticesBy accepting these Terms and by posting a listing on the Site, you grant to us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any content you post on the Site or the Websites of our affiliates, or that you otherwise provide to us in connection with any of our products or services, and you grant the Site and the members of the Myeres.com, Inc. the ability to copyright and protect the images, copy, and content available via your listing from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material. We need these rights to host and display your listing. You further agree to assist us—at our expense and control—to protect such copyrighted material from unauthorized redistribution. We are not responsible for any infringement or violation of laws resulting from content supplied by any member including subscribers of our products and services and each member agrees to indemnify and hold harmless the Site and any member of the Myeres.com, Inc. against any action brought for breach of copyright or other rights from the use of such content supplied by such member. Each member hereby waives and releases all rights to any claim against us for any alleged or actual infringement of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with any user-contributed content posted or provided to us by any member.
Further, each member agrees that we may reproduce in whole or in part any photographic material supplied by such member in the promotion of either such member's property or the promotion of the Site.
All contents of this Website are copyrighted ©2018 Myeres.com, Inc. Myeres.com is not responsible for content on Websites operated by parties other than Myeres.com.. Other product and company names mentioned herein may be the trademarks of their respective owners.
If you are aware of an infringement of our brand, please let us know by emailing us at: email@example.com.
11. Travel DestinationsAlthough most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Myeres.com urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov , www.tsa.gov , www.dot.gov , www.faa.gov , www.cdc.gov , www.treas.gov/ofac and www.customs.gov .
12. Limited Liability DisclaimerIN NO EVENT WILL THE WEBSITE, OUR PARENT (Myeres.com, Inc.) or any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents shall be liable for:
(i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim,
(ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the business as made available on our Website(s),
(iii) the services rendered or the products offered by the business,
(iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our Website, or
(v) for any (personal) injury, death, property damage, or other (direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the business (its employees, directors, officers, agents, representatives or affiliated companies), including any (partial) cancellation, overbooking, strike, force majeure or any other event beyond our control.
13. Software Available On This WebsiteAny software that is made available to download from this Website ("Software") is the copyrighted work of Myeres.com. Your use of such Software is governed by the terms of the End User License Agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, non-transferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.
Please note that all Software, including, without limitation, all HTML code and LAMP controls contained on this Website, is owned by the Myeres.com, Inc. and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
14. IndemnificationYou agree to defend and indemnify Myeres.com, Inc., and/or their respective suppliers and/or distributors and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
(a) Your breach of this Agreement or the documents referenced herein;
(b) Your violation of any law or the rights of a third party; or
(c) Your use of this Website.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD THE SITE AND ANY MEMBER OF Myeres.com, Inc. HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SITE OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE SITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER USER OR THIRD PARTY), ANY CONTENT POSTED BY YOU OR OTHER USERS OF YOUR ACCOUNT TO THE SITE OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.
15. MiscellaneousUnless stated otherwise, the software required for our services or available at or used by our Website and the intellectual property rights (including the copyrights) of the contents, information, and material on our Website are owned by Myeres.com, Inc., its suppliers or providers.
These terms and conditions and the provision of our services shall be governed by and construed in accordance with United States of America law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in the State of California, United States of America.
Your Record of These Terms: We do not separately file the Terms entered into by each user of the Site. Please make a copy of these Terms for your records by printing and/or saving a downloaded copy of these Terms on your personal computer.
No Agency: Our relationship is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relations is intended or created by these Terms or your use of the Site.
If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.
Enforcement of These Terms: We may immediately terminate any user's access to or use of the Site due to such user's breach of these Terms or any other unauthorized use of the Site. However, we do not guarantee that we will take action against all breaches of these Terms. Our failure to take immediate action with respect to a breach by you or others does not waive our right to act with respect to such breach or any other breach. Any action or inaction by us in response to any breach of these Terms does not limit our rights with respect to actions we may take in response to any other similar or different type of breach.
16. Service HelpFor quick answers to your questions or ways to contact us. Or, you can write to us at:
Attn: Customer Service Myeres.com
PO Box 5315
San Luis Obispo, Ca. 93403
Revised and Effective as of January 1, 2018
© 2018 Myeres.com