Terms of Use

AGREEMENT BETWEEN CUSTOMER AND Unsold.com

Our website (“Website”) is provided solely to assist customers in gathering travel information, determining the availability of travel-related goods and services, making legitimate reservations or otherwise transacting business with travel suppliers, and for no other purposes. The terms "we,” "us,” "our" and "Unsold" refer to Unsold.com, The term "you" refers to the customer visiting the Website and/or booking a reservation through us on this Website, or through our customer service agents.

This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Terms of Use” or “Agreement"). Please read the Terms of Use carefully, as they contain important information about limitations of liability and resolution of disputes through arbitration rather than in court.  You should also read our Privacy Policy, which also governs your use of the Website, and is incorporated by reference in this Agreement. By accessing or using this Website, booking any reservations for travel products or services, or contacting our call center agents, you agree that the Terms of Use then in force shall apply. If you do not agree to the Terms of Use, please do not use or book any reservations through this Website or our call center agents.


USE OF THE WEBSITE

As a condition of your use of this Website, you warrant that

  1. You are at least 18 years of age..
  2. You possess the legal authority to create a binding legal obligation.
  3. You will use this Website in accordance with these Terms of Use.
  4. You will only use this Website to make legitimate reservations for you or for another person for whom you are traveling with and are legally authorized to act (a “Third Party”);  YOU WILL NOT make reservations on behalf of third parties that you are not traveling with.
  5. You will inform such Third Party about the Terms of Use that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto.
  6. All information supplied by you on this Website is true, accurate, current and complete.
  7. If you have a Unsold account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.
  8. You may ONLY use one Saver Deal once every 12 months per destination.
  9. Group travel is not allowed with these travel incentives. The hotels that are offering this promotion will honor only one travel incentive voucher package per family, friends, acquaintances or known groups traveling on the same, similar and/or overlapping arrival and departure dates. There are additional costs associated with group travel. They also will not be available to use during conventions or other special events. Group travel bookings risk all reservations being canceled, this is one rule that many try to circumvent and we strongly recommend that if you need more than one room you only use one travel voucher and purchase the additional rooms at our discounted rates.
  10. 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 canceling reservations, but not limited to, for violation of these Terms of Use.

PREPAID HOTEL RESERVATIONS

Unsold Hotel Room availability may vary from week to week.

You are getting access to quality 4 and 5 star “Trip Advisor” rated hotels at up to 82% below retail rates.

However, there may be some weeks or weekends in peak periods that are not available.

Unsold Saver Deals require a 15-day advanced booking notice.

The participating hotels may change periodically, but choices are always 4 & 5 star quality.

Many hotels allow 2 children under 12 years of age to stay in the same room as 2 adults.

You acknowledge that the Unsold Companies pre-negotiate certain room rates with hotel suppliers to facilitate the booking of your complimentary travel incentive and reservations. You also acknowledge that the Unsold Companies provide you services to facilitate such booking of reservations for a consideration (the “activation/facilitation fee”). The complimentary room rate and or upgrade options displayed on the Website is a combination of the pre-negotiated room rate for rooms reserved on your behalf by the Unsold Companies and the facilitation fee retained by the Unsold Companies for their services. You authorize the Unsold Companies to book reservations for the total reservation price, which includes the room rate displayed on the Website, plus tax recovery charges, service fees, and where applicable, taxes on the Unsold Companies' services. You agree that your credit card will be charged by the Unsold Companies for the total reservation price. Upon submitting your reservation request you authorize the Unsold Companies, to facilitate hotel reservations on your behalf, including making payment arrangements with hotel suppliers.

You acknowledge that except as provided below with respect to tax obligations on the amounts we retain for our services, the Unsold Companies do not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid hotel transactions are a recovery of the estimated taxes (e.g. sales and use, occupancy, room tax, excise tax, value-added tax, etc.) that the Unsold Companies pay to the hotel supplier for taxes due on the hotel's rental rate for the room. The hotel suppliers invoice the Unsold Companies for certain charges, including tax amounts. The hotel suppliers are responsible for remitting applicable taxes to the applicable taxing jurisdictions. None of the Unsold Companies act as co-vendors with the supplier with whom we book or reserve our customer's travel arrangements. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by the Unsold Companies to the hotel suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the hotel by our customers. We retain service fees as additional compensation in servicing your travel reservation. Service fees retained by the Unsold Companies for their services vary based on the amount and type of hotel reservation.

You may NOT cancel or change your prepaid travel incentive voucher once dates have been selected these are non-changeable and non-cancellable), however, if you choose additional rooms or upgraded rooms but you will be charged the cancellation or change fee indicated in the rules and restrictions for the hotel reservation. If you do not cancel or change your reservation before the cancellation policy period applicable to the hotel you reserved, which varies by hotel (usually 24 to 72 hours) prior to your date of arrival, you will be subject to a charge equal to applicable nightly rates, tax recovery charges, and service fees. In the event you do not show for the first night of the reservation and plan to check-in for subsequent nights in your reservation, you must confirm the reservation changes with us no later than the date of the first night of the reservation to prevent cancellation of your reservation.

You agree to pay any cancellation or change fees that you incur. In limited cases, some hotels do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions for the hotel reservation. You agree to abide by the terms of use imposed with respect to your prepaid hotel reservations.

Sales, use, and/or local hotel occupancy taxes are imposed on the amounts that we charge for our services (service fee and/or facilitation fee) in certain jurisdictions. The actual tax amounts on our services may vary depending on the rates in effect at the time of your hotel stay.

Some hotel suppliers may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay. Such a deposit is unrelated to any payment received by Unsold for your hotel booking.

DISPUTES; ARBITRATION

Unsold is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you or we may pursue claims as explained in this section.

To give us an opportunity to resolve informally any disputes between you and us arising out of or relating in any way to the Website, these Terms of Use, our Privacy Policy, any services or products provided, any dealings with our customer service agents, or any representations made by us (“Claims”), you agree to communicate your Claim to Unsold by contacting Unsold Customer Support at  [email protected] You agree not to bring any suit or to initiate arbitration proceedings until 60 days after the date on which you communicated your Claim to Customer Support have elapsed. If we are not able to resolve your Claim within 60 days, you may seek relief through arbitration or in small claims court, as set forth below.

You and Unsold agree that any and all Claims will be resolved by binding arbitration, rather than in court, except that you and we may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against us, our subsidiaries, travel suppliers or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any Claims that arose before you accepted these Terms of Use, regardless of whether prior versions of the Terms of Use required arbitration.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs). The arbitrator must follow and enforce these Terms of Use.

Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, except as provided in this section. If your total Claims seek less than $10,000, we will reimburse you for filing fees you pay to the AAA and will pay arbitrator’s fees.

Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated, or representative action. The arbitrator will have the authority to decide issues as to the scope of this arbitration agreement and the arbitrability of Claims. If for any reason a Claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to “Unsold Legal: Arbitration Claim Manager,”
3901 Nw 79th Ave Suite 245 #1329
Miami, Florida 33166

If we request arbitration against you, we will give you notice at the email address or street address you have provided. The AAA’s rules and filing instructions are available at www.adr.org

This arbitration agreement shall be governed by and enforced in accordance with the Federal Arbitration Act and federal arbitration law. An arbitration decision may be confirmed by any court with competent jurisdiction.

PROHIBITED ACTIVITIES

The content and information on this Website (including, but not limited to, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel or service reservations booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:

  1. Use this Website or its contents for any commercial purpose.
  2. Make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand.
  3. Access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission
  4. Violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website
  5. Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure
  6. Deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission.

    or
  7. "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.

You may only use this Website to make legitimate requests to book the products or services offered (each, a "Request"), and shall not use this Website to make any speculative, false or fraudulent Requests, or any Requests in anticipation of demand.

It is a violation of law to place a Request in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.

If your booking or account shows signs of fraud, abuse or suspicious activity, Unsold may cancel any travel or service reservations associated with your name, email address or account, and close any associated Unsold accounts. If you have conducted any fraudulent activity, Unsold reserves the right to take any necessary legal action and you may be liable for monetary losses to Unsold, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact Unsold Customer Service.

SUPPLIER RULES AND RESTRICTIONS

Additional terms of use will apply to your reservation and purchase of travel-related goods and services that you select. Please read these additional terms of use carefully.

You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier's rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.

Unsold is not liable for any costs incurred due to relocation.

PRIVACY

Unsold believes in protecting your privacy. Please click here to review our current Privacy Policy, which also governs your use of the Website, and, as stated above, is incorporated by reference, to understand our practices: Privacy Policy.

PAYMENT METHODS

All Booking Requests must be submitted with a major credit card unless otherwise expressly stated. The total price will be billed in the currency indicated on the booking screen.
Some banks and credit card companies impose fees for international transactions. If you are making a booking from outside of the United States on a US credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the billing summary page for a reservation booked on the Website. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of the United States. Booking international travel may be considered to be an international transaction by the bank or card company, since Unsold may pass on your payment to an international travel supplier. The currency exchange rate and the foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.

INTERNATIONAL TRAVEL

You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. Unsold has no special knowledge regarding foreign entry requirements or travel documents. We urge customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations.

Passport and Visa: You must consult the relevant Embassy or Consulate for this information. Requirements may change and you should check for up-to-date information before booking and departure. We accept no liability if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through. This includes all stops made by the aircraft, even if you do not leave the aircraft or airport.
Health: Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.

Disinsection: Although not common, most countries reserve the right to disinfect aircraft if there is a perceived threat to public health, agriculture or the environment. The World Health Organization and the International Civil Aviation Organization have approved the following disinsection procedures: (1) spray the aircraft cabin with an aerosolized insecticide while passengers are on board or (2) treat the aircraft’s interior surfaces with a residual insecticide while passengers are not on board. For more information, see: http://ostpxweb.dot.gov/policy/safetyenergyenv/disinsection.htm

BY OFFERING RESERVATIONS FOR TRAVEL PRODUCTS TO PARTICULAR INTERNATIONAL DESTINATIONS, Unsold DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

NO WARRANTIES

Unless a Provider has agreed otherwise, all products, services, advice, merchandise and information available through this Site are provided on an "as is," "as available" basis without warranties of any kind, either expressed or implied, other than those imposed by law, including but not limited to, warranties of title or implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. Without limiting the above, no warranty or guarantee is made (i) regarding the acceptance of any Request; (ii) that a User will receive the lowest available price for goods and/or services available through this Site; (iii) regarding the availability of products and/or services through this Site or, where applicable, at any participating retailer or retailer location; (iv) that use of this Site and all software, products or services associated with this Website will be error-free; (v) regarding the results that may be obtained from the use of this Website; (vi) regarding the completeness, accuracy, reliability or quality of any information, content, data, service, advice or merchandise provided or available through this Website; or, (vii) regarding the performance or non-performance of this Website including, but not limited to, any performance or non-performance in connection with or as a consequence of the passage of time. You expressly agree that the use of this Website is at your sole risk.

LIABILITY DISCLAIMER

Additional terms of use will apply to your reservation and purchase of travel-related goods and services that you select. Please read these additional terms of use carefully.

You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier's rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.

The Information, Software, Products, and Services published on this Website may include inaccuracies or errors, including pricing errors. In particular, the Unsold Companies and Unsold Affiliates do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the hotel, air, cruise, car and other travel products and services displayed on this Website (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.). In addition, Unsold expressly reserves the right to correct any pricing errors on our Website and/or pending reservations made under an incorrect price. In such an event, if available, we will offer you the opportunity to keep your pending reservation at the correct price or we will cancel your reservation without penalty.
Hotel ratings displayed on this Website are intended as only general guidelines, and the Unsold Companies do not guarantee the accuracy of the ratings. The Unsold Companies, the Unsold Affiliates and their respective suppliers make no guarantees about the availability of specific products and services. The Unsold Companies, the Unsold Affiliates and their respective suppliers may make improvements and/or changes on the Website at any time.

The Unsold Companies, the Unsold Affiliates and their respective suppliers make no representations about the suitability of the information, software, products and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by the Unsold Companies or the Unsold Affiliates. All such information, software products, and services are provided “as is” without warranty of any kind. The Unsold Companies, the Unsold Affiliates and their respective suppliers disclaim all warranties and conditions that this Website, its servers or any email sent from the Unsold Companies, the Unsold Affiliates and/or their respective suppliers are free of viruses or other harmful components. The Unsold Company, the Unsold Affiliates, and their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.

The hotels and other suppliers providing travel or other services on this Website are independent contractors and not agents or employees of the Unsold Companies or the Unsold Affiliates. The Unsold Companies and the Unsold Affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. The Unsold Companies and the Unsold Affiliates have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, or re-routing or authority. Unsold Companies will reschedule customers from all travel effected from Covid-19 governmental travel restrictions. Unsold Guarantee: If an Unsold customer is unhappy with the hotel choices from the Unsold Saver Deal prior to setting their travel dates, customer will be refunded 100% of the customers purchase price.

In no event shall the Unsold Companies, the Unsold Affiliates and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products and services obtaining through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if the Unsold Companies, the Unsold Affiliates and/or their respective suppliers have been advised of the possibility of such damages.>

If, despite the limitation above, the Unsold Companies and the Unsold Affiliates or their respective Providers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the Unsold Companies, the Unsold Affiliates, or their respective Providers liabilities will in no event exceed, in the aggregate, the greater of (a) the fee or charge you paid to Unsold in connection with such transaction(s) on this Website, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of the Unsold Companies and the Unsold Affiliates and/or their respective Providers.
Some states—to the extent their law might be deemed to apply, do not allow the limitation of liability, so the foregoing limitations might not apply to you.

INDEMNIFICATION

You agree to defend and indemnify the Unsold Companies, the Unsold Affiliates, and/or their respective suppliers 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:

  1. Your breach of these Terms of Use or the documents referenced herein.
  2. Violation of any law or the rights of a third party.
  3. Your use of this Website.

    or
  4. Your use of this Website for, or on behalf of, a Third Party.

LINKS TO THIRD PARTY WEBSITES

This Website may contain hyperlinks to websites operated by parties other than Unsold. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

TERMINATION OF USAGE

User access to all or part of this Website may be terminated or suspended at any time, without notice and for any reason.

SOFTWARE AVAILABLE ON THIS WEBSITE

Any software that we make available to download from this Website ("Software") or through your mobile application store, including the Unsold mobile application (the “Mobile Application”) is the copyrighted work of the Unsold Companies and/or our respective suppliers. 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-exclusive, nontransferable license to download, install and use the Software and/or the Mobile Application for viewing and otherwise using this Website and/or accessing the content and information available within the Mobile Application (including, without limitation, price and availability of travel services) in accordance with these terms of use and for no other purpose.

Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Website, is owned by the Unsold Companies, and/or our respective suppliers, 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.

Your mobile device must be connected to the internet for the Mobile Application to function correctly. You are responsible for making all arrangements necessary for your device to have internet connectivity and are responsible for all sums your service provider may charge you arising out of the Mobile Application transmitting and receiving data (including but not limited to data roaming charges). As further described in our Privacy Policy, the Mobile Application will automatically transfer a small amount of data as part of its normal operation, including how you use the Mobile Application, which Content you access, and technical errors or problems which the Application may encounter while being used. By using the Mobile Application, you acknowledge, agree and consent to the automatic collection of this information.

REVIEWS, COMMENTS, PHOTOS AND OTHER SUBMISSIONS

We appreciate hearing from you. Please be aware that by submitting content to this Website by electronic mail, postings on this Site or otherwise, including any hotel reviews, photos, videos, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant Unsold and the affiliated, co-branded and/or linked website partners through whom we provide service, a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) 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) use the name that you submit in connection with such Submission. You acknowledge that Unsold may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a hotel review that you submit) at our discretion and that such submissions may be shared with our supplier partners. You further grant Unsold the right to pursue at law any person or entity that violates your or Unsold's rights in the Submissions by a breach of these Terms of Use. You acknowledge and agree that Submissions are non-confidential and non-proprietary. You expressly waive any and all ‘moral rights’ (including rights of attribution or integrity) that may subsist in your Submissions and agree that you have no objection to the publication, use, modification, deletion or exploitation of your Submissions by us, the Unsold Affiliates or any of our partners or licensees. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Website. If you do not agree to these terms of use, please do not provide us with any Submissions.

Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas), and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future Unsold programs.

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); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right 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 Site. You acknowledge that Unsold may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you. If you submit more than one review for the same hotel, only your most recent submission is eligible for use.

From time to time we may offer customers incentives to leave hotel reviews (e.g. discount coupon/entry into prize draws etc.) As it is important to us that hotel reviews are impartial and honest, these incentives will be available to customers regardless of whether the hotel review is positive or negative.

All photos submitted are subject to our Photo Submission Guidelines stated below. Unsold claims no ownership, affiliation with, or endorsement of any photos that are submitted by end users through our sites.

Unsold's policies with respect to claims by third parties that the content of the Website, including the content of any Submissions, infringes the copyrights owned by said third party can be found above in the Copyright Complaint Policy section of these Terms of Use.

Photo Submission Guidelines

Any photos you submit must be:

  • On topic – All photos must be relevant to accommodation, restaurant, location, or general travel experiences.
  • Community/family friendly
  • Do not submit any photos or materials that are illegal, obscene, pornographic, profane, vulgar, offensive or insulting.
  • Do not submit photos or materials that invade the privacy or violate any personal right of any person or entity.
  • Do not submit photos or information about children or any third parties without their consent (or their parent’s consent in the case of a child under 13 years of age).
  • Children under 13 may not submit photos or other materials.
  • Original – You may only submit your own photos.
  • Do not submit photos from any other source (personal or commercial).
  • Do not submit photos that infringe the copyright, trademark, or other property right of any third party.
  • Non-commercial – Do not submit photos that include logos, branding, promotional material, or any other content intended for commercial purposes.
  • No harmful files – Do not submit photos that contain viruses or other harmful code that is either intended or may result in damage to the computers and systems of Unsold and/or those using it.

COPYRIGHT AND TRADEMARK NOTICES

All contents of this Website are: © Unsold, All rights reserved. Unsold is not responsible for content on websites operated by parties other than Unsold, Inc., Unsold, Unsold.com, Hotels. Deals. Unsold.com logo are either registered trademarks or trademarks of Unsold . in the U.S. and/or other countries. Other logos and 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 protected]. We only address messages concerning brand infringement at this email address.

Account Termination

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Unsold has adopted a policy of terminating, in appropriate circumstances and at Unsold Inc.’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Unsold may also at its sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.

NOTICE OF INFRINGING MATERIAL

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. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.

  1. A clear identification of the copyrighted work you claim was infringed.
  2. A clear identification of the material you claim is infringing on the Website, such as a link to the infringing material.
  3. Your address, email address and telephone number.
  4. A statement that you have a “good faith belief that the material claimed as copyright infringement is not authorized by the copyright owner, its agent or the law.
  5. A statement that “the information on 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. A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may send us your notice by email to [email protected]

GENERAL

Your use of mapping available on this Website is governed by the Microsoft Terms of Use and Microsoft Privacy Statement and the Google Terms of Use and Google Privacy Statement. Microsoft and Google reserve the right to change their Terms of Use and Privacy Statements at any time, at their sole discretion. Please click here for additional information:

http://privacy.microsoft.com/en-us/default.mspx
http://www.microsoft.com/maps/assets/docs/terms.aspx
http://www.google.com/privacy/privacy-policy.html
http://www.google.com/enterprise/earthmaps/legal/us/maps_AUP.html
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These Terms of Use are governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Delaware, without regard to principles of conflicts of laws.


You agree that no joint venture, partnership, or employment relationship exists between you and the Unsold Companies as a result of this Agreement or use of this Website.


Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use.


If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.


Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.


Any rights not expressly granted herein are reserved.

MISCELLANEOUS

The captions in these Terms of Use are only for convenience and do not, in any way, limit or otherwise define the terms and provisions of these Terms of Use.

None of the Unsold Companies or the Unsold Affiliates is responsible for any errors or delays in responding to a Request caused by an incorrect email address provided by you or other technical problems beyond their control.

ENTIRE AGREEMENT

This Agreement, together with the Travel Product Rules and Regulations, Privacy Policy, and any other terms and conditions referenced herein, constitutes the entire agreement between you and Unsold with respect to this Website, our services and your dealings and relationships with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial, arbitration or any other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

REGISTRATIONS

Unsold.com a Florida corporation, is located at
3901 Nw 79th Ave Suite 245 #1329
Miami, Florida 33166

More information about Unsold may be found at our Company Overview page.

SERVICE HELP

For quick answers to your questions or ways to contact us, visit our Customer Support Center email us at [email protected] Or, you can write to us at:

Attn: Customer Service
Unsold, Inc.
3901 Nw 79th Ave Suite 245 #1329
Miami, Florida 33166

©2019 Unsold, Inc. All rights reserved.