HOTEL MEMBERSHIP POLICY

The present Policy regulates the use by users that represent hotels (hereinafter “Hotel”) of the website www.EcoTrotters.com (hereinafter the “Website”) provided by Lacar LLC. (hereinafter the “Company”) with legal domicile at 2295 Gateway Oaks Drive, Suite 185, Sacramento, CA 95833, United States.

By creating a Hotel user, the Hotel is explicitly agreeing to comply to and be bound by the terms and conditions of this Membership Policy.

If you do not agree with this Policy or any part hereof, do not use this Website.

The Company reserves the right to change or modify at any time and at its sole discretion without prior notice this Membership Policy regulating the use of the services provided by the Website. The Hotel is advised to periodically consult this Membership Policy for any possible changes to same.

The person providing information and accepting this Membership Policy shall do so on behalf of and in the name of the corresponding Hotel, and shall be duly empowered to do so. Said person shall hold the Hotel liable for any information provided and for the legal obligations entered into on behalf of and in the name of said Hotel.

Information included in the Hotel profile (name, city, number of rooms, average rate) shall be displayed on the Website as provided by the Hotel. Any changes to said information by the Hotel shall be conveyed to the Website so that the Company may update same. Notwithstanding the aforementioned, and considering the Company’s intention to include as much updated information as possible, it is hereby expressed that the control and management of all Website content, including Hotel profile information, shall be at the sole and exclusive discretion of the Company. The Company shall make all efforts to update information displayed on the Website, including content displayed on the Hotel profile. However, said content shall not be removed upon request of the Hotel, unless deemed appropriate by the Company. As per the aforementioned, the Company reserves the right to remove any and all Hotel information at its sole discretion.

The Hotel may upload an “avatar” to its profile. Said avatar may consist of a picture, logo, or image which the Hotel warrants and represents is of its sole property and/or for which it has copyright and/or intellectual and/or image rights and/or a valid license to use same. Upon including said information or images in the Website, the Hotel confers the Company a nonexclusive, royalty-free license to use said avatar.

Avatars, Hotel descriptions, and all Hotel profile fields are prohibited from displaying a URL address, telephone numbers, advertisements, or discounts.

It is against this Membership Policy any advantage, discount or benefit that the Hotel may offer its guests or third parties in exchange of user’s participation on the Website that might create a positive and/or negative impact on the Hotel or other hotels reputation.

By participating in the Website the Hotel agrees to be subject to user reviews and comments. The Hotel may exercise its right to respond to said reviews and comments by participating in the corresponding forums. The Company disclaims any liability whatsoever for damages of any nature that may arise from the use of the Website or comments therein contained, including but not limited to any losses, damages, whether direct or indirect, any losses relating to or arising from any interruption in the service or any consequence arising from the misrepresentation of a user in any communication or interaction in this Website.

Hotel agrees that, when performing e-mail marketing of any kind through the tools made available on the Website (“Tools”), it will comply at all times with all applicable laws and regulations regarding email marketing, including, but not limited to, the US CAN-SPAM Act of 2003, as amended from time to time. Without limiting the generality of the foregoing, Hotel represents and warrants that Hotel shall: (A) deliver commercial e-mail only to those recipients who have given Hotel their consent to receive e-mail advertising from Hotel, and in a manner that does not otherwise violate any applicable laws or regulations (B) include within all commercial e-mail sent: (i) the physical address of Hotel, (ii) a clear and conspicuous identification that the e-mail message is an advertisement or solicitation. Hotel acknowledges and agrees that Company may process unsubscribe requests in its sole discretion and permanently suppress certain email addresses from the applicable mailing lists maintained by the Hotel through the Tools (“Mailing List”), and Company will not have any liability of any kind to Hotel arising from such suppression. Hotel acknowledges and agrees that, in case of violation by Hotel of the foregoing provisions regarding email marketing, Company may terminate in its sole discretion this Membership Policy as well as any related services at any time.

The Hotel accepts full liability to the Company and third parties for damages arising out of or relating to: the use of or access to the Website, the violation of this Membership Policy (including, but not limited to, any representations, warranties and covenants regarding email marketing) or the violation of third party rights, including but not limited to copyright, patent, image, property, and privacy rights. The Hotel shall indemnify, defend, and hold harmless the Company, its directors, employees, or representatives against any claim or compensation for damages, debts, losses, obligations, costs, or expenses (including but not limited to professional fees) that may arise from any such violation. Liability shall continue regardless the termination of the contractual relation provided claims deriving from same have not prescribed.

The Hotel shall be further fully responsible for the quality of the products and services it offers and provides to its guests, and the Company shall not be held liable or have any kind of responsibility for same.

Should a Hotel breach this Membership Policy or any of the terms herein contained, said Hotel shall be subject to suspension or removal from this Website or to the dispute resolution proceedings or legal claims the Company may deem appropriate.