Terms of Use

By using our Services or visiting our Website, you are indicating that you agree to be bound by all of the terms and conditions of this Terms of Use Agreement. Please print a copy of this Agreement for your reference. Welcome to our websites which include www.sedona.net, www.thecanyon.com, www.flagstaff.com, www.prescott.com, www.scottsdalephoenix.net, www.grandcanyon.net, www.oakcreekcabins, and others! By accessing and using any of these websites (referred to individually and collectively as a "Website"), you are agreeing to the following Terms of Use. The Websites are owned by Southwest Media Communications, LLC, an Arizona limited liability company, and may be referred to herein as "SWMC" or "we" or "us". Your use of this Website constitutes your acceptance of the Terms. If you do not agree with the Terms of Use, please do not use this Website. We encourage you to review the Terms of Use, along with the Privacy Policy, which is incorporated by this reference, as they form a binding agreement between SWMC and you. In addition, because SWMC may revise these Terms of Use from time to time, in our discretion, we also encourage you to check back periodically to familiarize yourself with any changes.

If you have any questions regarding the use of the Website or its contents, please immediately contact

SWMC only offers travel content, searchable weblink directories, and advertising. SWMC does not currently offer any travel arrangements WHATSOEVER. The many companies listed online as well as all reservations booking systems that may be listed throughout our website are owned and operated by independent vendors. Accordingly, all vendors listed on SWMC websites or anywhere you may see the SWMC name or elsewhere are placed online for your convenience only. Usage of our system is permitted only on your acceptance of these terms. SWMC Property Rights. All of the content featured or displayed on this Website, including, but not limited to, text, graphics, photographs images, moving images, sound, illustrations and software ("Content"), is owned by SWMC or its licensors and is protected by intellectual property and other laws throughout the world. Nothing found on the Website may be copied, reproduced, republished, distributed, sold, licensed, transferred or modified without the express written permission of SWMC. In addition, the trademarks, logos and service marks displayed on the Website are the property of SWMC or its licensors. If you are aware of material on the Website that infringes copyright, please contact us through the Copyright Infringement Policy process, which is described below. SWMC uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content on the Website, but we make no representations or warranties as to the Content's accuracy, correctness or reliability. The use of the Content and images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Website or by separate license or agreement. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications' regulations and statutes. All elements of the Website, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another written license or agreement with SWMC, no portion or element of this Website or its Content may be copied or retransmitted via any means and all related rights shall remain the exclusive property of SWMC, or its licensees. You shall indemnify SWMC, its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of these Terms or your unauthorized use of the Content or Website.

UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING OR DUPLICATING OR ANY OTHER MISUSE OF ANY PART OF THE WEBSITE IS PROHIBITED. Nothing contained in the Terms of Use or in the materials on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any material in any manner without the prior written consent of SWMC or such third party that may own the material or intellectual property displayed on this Website. In addition, use of the content or materials for any purpose not expressly permitted in the Terms of Use is prohibited. Website and its Contents Copyright (c) 1998-present by Southwest Media Communications, LLC. All rights reserved. All the brands of other SWMC products and services shown herein are the trademarks or registered trademarks of SWMC. Other trademarks belong to their respective owners. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of its respective owner. Your use of the Trademarks displayed on the Website except as provided in these Terms is strictly prohibited. Availability of Services. SWMC does not provide you with access to the Internet or the equipment necessary to access the Internet or the Website or Services. You are responsible for the fees charged by other parties to obtain access to our Website and Services (by way of example only, Internet service provider or airtime charges) and for providing the equipment necessary to access the Website and Services. From time to time SWMC may modify, suspend or discontinue any of the Services offered on our Website without notice to you. SWMC shall not be liable to you for any modification, suspension or discontinuance of Services. SWMC may establish certain policies and practices concerning use of the Services, including without limitation the maximum number of email messages, message board postings or other Content that can be sent through our Services and the number of days that these items will be retained on our systems. SWMC has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by or through our Services. We reserve the right to change our practices and policies at any time, in our sole discretion, with or without notice to you.

Third Party Offers. We may allow other companies to offer you products and services, including offers through our Website or via email. Whether or not you decide to participate in such an offer is up to you. Your participation in any of these offers, including payment and delivery of related goods or services and the terms, conditions, warranties or representations associated with such offers, is solely between you and the third-party company. You agree that SWMC shall not be liable for any costs or damages you may incur resulting from your decision to enter such transactions.

Linking to or from our Website. While our Website may have links to the websites of other companies and parties, SWMC has no control over those websites. SWMC is not responsible or liable for any content, advertising, products, services or other materials on or available from those websites. SWMC is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, advertising, products, services or other materials on those websites.

Your Information. Please review our Privacy Policy for clarification on how we may use your information and other information that you may provide or submit while using the Website and our Services. In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including, without limitation, your information, IP address and traffic information, usage history. Our right to disclose any such information shall be governed by our Privacy Policy.

Privacy. SWMC has adopted a Privacy Policy, which is incorporated herein by reference, that you should read to fully understand how we collect and use information.

Chat Rooms, Forums, and Public Communication

"Forum" means a chat area, message board, or e-mail function offered as part of any Website. If you participate in any Forum within a Website, you agree to follow our terms set forth below.

You acknowledge that anything you submit to a Website by way of any Forum is routed through SWMC's servers and the Internet and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that the Forums and features on the Website are forums for public and not private communications. Please keep in mind that whenever you give out personal information online, for example, via message boards or chat, that information can be collected and used by people you don't know. We cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.

Users or visitors shall remain solely responsible for the content of their messages in the Forums. We are not responsible for the content or opinions posted or sent by users in any Forum. You take responsibility for postings under your username and use the information provided in the Forums at your own risk. We reserve the right to remove or edit content from any Forum at any time and for any reason although we have no duty to do so.

When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other user-generated content area. Information obtained in a Forum may not be reliable, and it is not a good idea to take any action, including to trade or make any investment decisions, based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any trading, investment, or any other decisions made based on such information. House Rules

The following is a list of the House Rules of conduct for the Website. By using the Website you agree not to do any of the following:

1. Post, distribute, or otherwise make available or transmit any data, text, message, or computer file that we deem to be: (a) defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking; (b) bigoted, hateful, or racially offensive; (c) vulgar, obscene, or sexually explicit (language or images); or that (d) encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;
2. Post, distribute, or otherwise make available or transmit any data, text, message, computer file, or other material that infringes and/or violates any right of a third party or any domestic or international law, rule, or regulation, including but not limited to: (a) copyright, patent, trademark, or other proprietary rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; (c) any confidentiality obligation;
3. Advertise or sell any products, services or otherwise (whether or not for profit), or solicit others or use any Forum for commercial purposes of any kind,
4. Post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component;
5. Impersonate any person or entity or misrepresent your identity or affiliation with any person or entity;
6. Engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet;
7. Delete any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;
8. Post, distribute, or otherwise make available or transmit material or make statements that do not generally pertain to the designated topic or theme of any Forum.

We reserve the right to remove any material, and if we deem appropriate, to turn over to law enforcement officials, any material, including message, e-mail, or posting, that is in violation of these House Rules. We also reserve the right to remove messages, e-mails, or postings that do not pertain to the designated topic or theme of the Forum.

We also reserve the right to comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using a Website site in violation of the law. DISCLAIMER OF WARRANTIES. YOU UNDERSTAND AND AGREE THAT:
OUR WEBSITE AND THE SERVICES PROVIDED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPLICITLY DISCLAIM ANY RESPONSIBILITY FOR ANY PHOTOGRAPHS OR CONTENT THAT IS WRONG, INCORRECT, IMPROPERLY EDITED, BLURRED, ALTERED, OR DISTORTED. SWMC DISCLAIMS TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE FUNCTIONS, MATERIALS AND CONTENT OF THE WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND SWMC MAKES NO WARRANTY THAT THE INFORMATION ON THE WEBSITE WILL BE ACCURATE, CURRENT OR RELIABLE OR THAT THE QUALITY ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS. SWMC DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. YOU ASSUME THE ENTIRE RISK OF LOSS AND DAMAGE DUE TO YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE COST OF REPAIRS OR CORRECTIONS TO YOUR HARDWARE OR SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AND AS A CONSEQUENCE SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

WE EXPLICITLY DISCLAIM ANY RESPONSIBILITY FOR ANY PHOTOGRAPHS OR CONTENT THAT IS WRONG, INCORRECT, IMPROPERLY EDITED, BLURRED, ALTERED, OR DISTORTED. We have not taken any steps to confirm the accuracy or reliability of the content or any of the information contained in any content on our Website. We do not make any representations or warranties as to the accuracy or reliability of any information or content on our Website, and you hereby irrevocably waive any claim against us with respect to such information, photographs, and content.

We also explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from our Website. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from our Website or third-party content on our Website. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

LIMITATIONS OF LIABILITY. YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR SOLE RISK. SOUTHWEST MEDIA COMMUNICATIONS, LLC, AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE WEBSITE, EVEN IF SWMC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND AS A CONSEQUENCE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO OUR WEBSITE. INDEMNIFICATION. You are entirely responsible for maintaining the confidentiality of your name(s), password(s), PIN(S), and your personal information, as well as all activities that occur under your name. You shall indemnify and hold harmless, and at SWMC's request defend, SWMC, its parents, subsidiaries, and affiliates, as well as their respective directors, officers, shareholders, employees, agents and owners (each, an "Indemnified Party") from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees, an allocation for in-house counsel, and other legal costs) arising out of your acts or omissions, including claims resulting from your use of the Website, your submission, posting or transmission of information or Content, or any breach of your obligations set forth in this Agreement. You shall reimburse each Indemnified Party on demand for any costs, expenses and liabilities incurred by such Indemnified Party to which this indemnity relates.

Choice of Law and Venue. The Terms of Use, your access and use of the Website and Services and the relationship between you and SWMC is governed by the laws of the State of Arizona, without giving effect to its conflict of law provisions. SWMC and you both agree to submit to the personal and exclusive jurisdiction of the courts of the State of Arizona. You are responsible for complying with local laws, if and to the extent local laws are applicable. Notwithstanding the foregoing, SWMC shall have the right to commence and prosecute any legal or equitable action or proceeding before any United States or non-United States court of competent jurisdiction to obtain injunctive or other relief in SWMC's sole discretion. Regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Miscellaneous Terms. Our relationship is not one of agency or partnership and neither you nor SWMC shall be deemed to be a partner, employee, fiduciary, agent or representative of the other by your use of the Website. You may not assign or transfer your rights to any third party. The terms and conditions in the Terms of Use are severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall still 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. If SWMC fails to enforce any provision of the Terms of Use it shall not constitute a waiver of such provision. The Terms of Use may be modified only by SWMC posting changes to the Terms of Use on the Website. Each time you access the Website, you will be deemed to have accepted any such changes in effect at the time of access. We may assign our rights and obligations under the Terms of Use. This agreement will inure to the benefit of SWMC's successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of the Terms of Use, or to exercise any right thereunder, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect. The Terms of Use and the documents incorporated by reference, constitute the entire understanding between us regarding your access to, license and use of the Website and our Services, and they supersede any prior agreements, statements or representations with respect to the same.

Copyright Infringement Policy. In compliance with the Digital Millennium Copyright Act ("DMCA"), SWMC has established the procedure outlined below to address alleged copyright infringement on the Website. If you believe that your work has been copied and has been posted to this Website in a way that constitutes copyright infringement, you may provide SWMC with notice of your complaint by providing SWMC's Designated Copyright Agent with the following information in writing:

1. the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
2. identification of the copyrighted work that you claim has been infringed;
3. identification of the material that is claimed to be infringing, with information about its location reasonably specific to permit SWMC to locate the material;
4. your name, address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. a statement, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

To be effective, your notification must be in writing and include the above information. SWMC's Designated Copyright Agent to receive your notification is:

Name of Agent: Connie J. Mableson, Esq.
Address:
3003 N. Central Ave., Suite 1800
Phoenix, AZ 85012
Telephone Number of Designated Agent: (602) 277-3000
Facsimile Number of Designated Agent: (602) 277-7478
Email Address Designated Agent: connie@azlawyers.com
After receiving a notification, SWMC will process and investigate the notification and will take appropriate actions under the DMCA and other applicable intellectual property laws.

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