Agreement between User and Kemwel
Welcome to the Kemwel.com website. Please read these terms and conditions carefully before submitting an account registration for and/or using any of the services on this Site.
This website ("Site"), and each of its modules, together with the compilation of the content found on this Site is the copyrighted property of Kemwel and/or its various third party providers and distributors. In addition, the trademarks, logos and service marks (collectively "Trademarks") displayed on this Site are registered and common law Trademarks of Kemwel, its affiliates and various third parties. Nothing in this Site should be construed as granting, by implication or otherwise, any license or right to use any Trademark without the express written permission of Kemwel or such other party that may own the Trademark.
This Site is intended for your personal use. By accessing any area of this Site, you agree to abide by these terms and conditions, which constitute the entire agreement ("Agreement"). If at any time you do not agree with any part of this Agreement, YOU MUST DISCONTINUE USE OF THIS SITE. Kemwel reserves the right, in its sole discretion, to amend, modify, or alter this Agreement at any time by posting the amended terms on this Site, therefore, we recommend that you review these terms and conditions periodically. The amended terms shall be effective from and after the date that they are posted on this Site.
Use of the Website
Kemwel grants you a limited, personal, nontransferable, revocable license to access and use this Site only as expressly permitted in this Agreement. Except for this limited license, we do not grant you any other right or license with respect to this Site, and any right or license not expressly granted herein is reserved. Unless we have granted you permission in advance and in writing, you may use this Site only for your personal, non-commercial use, and not to provide services to a third party.
You may only use this Site to obtain information and to make legitimate rental reservations or purchases. You may not use this Site for any other purpose. As an example, you may not use this Site to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand. As other examples of unauthorized uses, you may not:
- access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means;
- take any action that imposes, or may impose, in the sole discretion of Kemwel, an unreasonable or disproportionately large load on the Kemwel infrastructure, including, but not limited to action that adversely affects the performance or function of this Site, or any other computer systems or networks used by Kemwel and/or other Site users or members;
- use this Site in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this Site or other users' computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment.
- violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
- deep-link to any portion of this Site for any purpose, including, without limitation, the purchase path for any travel services;
- upload or transmit to this Site or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, intercept, the normal operation of this Site, or appropriate this Site or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of a third party;
- attempt to gain unauthorized access to this Site, any related website, other accounts, computer system, or networks connected to this Site, through hacking, password mining, or any other means;
- obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site, including harvesting or otherwise collecting information about others such as email addresses; or
- disguise the origin of the information transmitted through this Site.
Minors (as defined by the laws of their jurisdiction or residence) are not eligible to register for, use or purchase the products or services available on this Site.
Links to Third Party Sites
For your convenience, our Site provides links to other sites. When you click on one of these links, you are leaving our site and entering another site. We are not responsible for such third party websites.You should carefully review the terms and conditions of use of these third party sites, because the third party's terms and condition will apply to your visit to their site.
You may register to utilize this Site by completing the specified registration process and providing us with current, complete, and accurate information as requested by the online registration form. It is your responsibility to maintain the currency, completeness and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. As part of the registration process, you will be asked to choose a challenge question, used for security purposes. It is entirely your responsibility to maintain the confidentiality of your challenge question and your account. Additionally you are entirely responsible for any and all activities that occur under your account. You agree to notify Kemwel immediately of any unauthorized use of your account. Kemwel is not liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge.
KEMWEL 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. KEMWEL 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 KEMWEL NOR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM KEMWEL 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.
Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KEMWEL, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THIS SITE AND ITS CONTENTS (COLLECTIVELY THE "COVERED PARTIES"), BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO: (1) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (2) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THIS SITE; (3) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (4) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE; (5) ERRORS OR INACCURACIES CONTAINED ON THIS SITE OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THIS SITE; (6) ANY TRANSACTIONS ENTERED INTO THROUGH THIS SITE; (7) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THIS SITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; OR (8) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THIS SITE, ANY DELAY OR INABILITY TO USE THIS SITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THIS SITE.
THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Further, to the extent permitted by law, the Covered Parties accept no responsibilities for any damage and/or delay due to Provider cancellations, shortages, sickness, pilferage, labor disputes, bankruptcy, machinery breakdown, quarantine, government restraints, weather, terrorism or causes beyond the Covered Parties' control. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority. No Covered Party shall be responsible for any Provider's breach of any warranty including, but not limited to, implied warranties of fitness for a particular purpose or of merchantability, nor shall any Covered Party be responsible for any other wrongdoing of a Provider (including any liability in tort), as to any products and/or services available through this Site. No Covered Party shall be responsible for any Provider's failure to comply with this Agreement nor for any Provider's failure to comply with applicable federal, state, provincial and local law.
If, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of this Site, User agrees the liability of any such party shall in no event exceed the total charge to the user assessed by Kemwel for making a request. Some states, to the extent their law might be deemed to apply notwithstanding the selection of Maine law as described below, do not allow the limitation of liability, so the foregoing limitations might not apply to you.
You shall defend and indemnify Kemwel 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.
The law of the State of Maine (USA) without regard to its conflict of law rules, will govern this Agreement. If you take any legal action relating to your use of this Site or this Agreement, you agree to file such action only in the state and federal courts located in Portland, Maine.
If you have any questions or concerns about these Terms or if you need further assistance with respect to access to or use of the Site or the services offered by Kemwel, you may contact our Customer Service department as indicated below. We will attempt to respond to your questions or concerns promptly after we receive them.
39 Commercial Street
Portland, ME 04112
1-800-678-0678 toll-free (North America Only)