Baiduhotel Terms & Conditions
 
Terms & Conditions

Date of Last Revision: January 20, 2011

General/Overview

Baiduhotel.com is owned and operated by RJV International, Inc. ("RJVI"), a New Jersey corporation. This Agreement constitutes a legal agreement between you (the user of Baiduhotel.com), and us (hereinafter referred to as "Baiduhotel", "the Site", or "the Website") and governs your use of the Site. By accessing the Site, you agree to all terms and conditions in this Agreement. Should you not agree with the terms and conditions set forth in this Agreement, you may not access the Website, located at http://www.baiduhotel.com.

We may choose to revise this Agreement at any time, and your access and/or use of the Website constitutes your continued acceptance of all terms, conditions, and notices that are effective as of the date and time you use or access the Site. Therefore, you should frequently review the Site terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.

While it is Baiduhotel's objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, and without limitation to, routine maintenance, updates, etc. You understand and acknowledge that due to circumstances both within and outside of the control of Baiduhotel, access to the Site may be interrupted, suspended or terminated from time to time.

Any bidding advice or other written advice posted on the Website or in its corresponding newsletter are provided solely as suggestions and are not intended to be relied upon. Baiduhotel is not responsible for any actions taken due to a user or other person having read or been told about such advice.

The importance of bidding responsibly cannot be stressed enough. We would like to advise all users to monitor their bidding practices. Placing bids on the Website frequently or repeatedly can incur high costs. Users should therefore pay attention to their bidding practices and check their charges regularly.

Privacy Policy

Please refer to Baiduhotel's Privacy Policy for information on how Baiduhotel collects, uses and discloses personal information from its users.

Minors/Children

Baiduhotel is not intended for the use of anyone under 18 years of age. As a condition of your access and/or use of this Website, you warrant that you are 18 years old or older, and have legal authority to enter into this Agreement. If you are not 18 years of age or older, you are not authorized to access and/or use any information, products, or services on the Site.

Content

This Website is designed solely for the purpose of (a) selling gift cards, gift certificates, and travel vouchers for listed hotels using a pay-per-bid reverse auction method and (b) providing rate comparison information on listed hotels. The Site is not intended to be used as a means of hotel reservations. You agree to abide by all terms and conditions of any service or product provider you contact or access through this Site.

Baiduhotel provides various services to assist you in comparison shopping for hotels and other products. We provide information regarding products and third party merchants, and links to third party merchants. Payment is made to Baiduhotel by merchants or other third parties to list products on the Site. The products listed on the Site are provided by third party merchants and Baiduhotel is not acting as an agent of sale for such products or services. Baiduhotel disclaims any responsibility for, or liability related to, such products and/or services. Any concerns, questions, complaints or claims relating to such products and/or services should be directed to the appropriate merchant.

Registration Data/Account Security

To purchase bids or products and to participate in any of the auctions or other Services offered on the Site, you must register and maintain an active account with the Site. During the registration process, you must create a username and a password specific to your account, along with providing other necessary account information. Each user may register only once using their postal address and/or credit card billing address (registration using PO Boxes or equivalents is not permitted).

You are solely responsible for keeping your password confidential and must not disclose your password to any third party. You may not authorize, license, sub-license, time-share or otherwise permit any third party access to or use of your account, or assign, transfer or otherwise convey your account to any other person. In general, you are solely responsible and liable for all access to and use of the Site, and activities that are taken using your account together with the associated password, regardless of whether or not such access or activities are made or authorized by you. In the event of any disclosure of your password to a third party or unauthorized activity using your account, you must immediately contact Baiduhotel using the contact information provided for account security. Baiduhotel cannot and will not be liable for any loss or damage arising from your failure to do so.

You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Baiduhotel has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Baiduhotel has the right to suspend or terminate your account, remove bids from your account without prior warning or notice, and refuse any and all current or future use of the Services.

Account Cancellation/Termination/Suspension

You may cancel your account at any time for convenience by following the account cancellation instructions provided on the Site. If you cancel your account, you are not entitled to and will not receive a refund or return of any amounts paid for bids or products, whether or not such bids have been used or products have been shipped or delivered. Baiduhotel may cancel your account at any time for convenience by removing access to your account and providing you with electronic notice of cancellation. If Baiduhotel cancels your account for convenience, Baiduhotel will refund you the balance of any purchased bids that remain unused. Baiduhotel reserves the right, at any time and without notice, to deny or reject your registration, to monitor, suspend, terminate and/or close your account, and to block, refuse and/or prohibit your access to and use of the Site, including your ability to purchase bids, participate in any auctions and purchase any products, in the event Baiduhotel determines, in Baiduhotel’s sole and absolute discretion, that any of the following has or is likely to occur: (a) a breach or violation of these Terms and Conditions, (b) violation of any applicable law, rule or regulation, (c) violation or infringement of any right of a third party, (d) unauthorized or improper access to or use of the Site or any Service, or (e) interference with the operation of the Site. If Baiduhotel cancels, suspends or terminates your account based on any alleged breach or violation set forth above, Baiduhotel reserves the right to withhold and deny any refunds of purchased bids that remain unused and shipment or delivery of any products, whether or not purchased.

Bids

Purchased Bids. In order to purchase bidding rights ("bids") you must register an account with the Site. You must purchase and pay for any purchased bids prior to use of any such bids on the Site with any Service. All purchased bids are offered and granted by Baiduhotel only in such quantities (bid packages) and at such prices and on such payment and other terms as expressly set forth on the Site, subject to and in accordance with these Terms and Conditions. All purchased bids are offered and granted by Baiduhotel at its sole discretion and are only valid until the earlier of (i) the termination of your account, either by you or by Baiduhotel, or (ii) 6 months from grant. By placing a bid in an auction, you agree to comply with and be bound by these Terms and Conditions, as well as any specific terms of the particular auction or other Service.

Should a payment not be honored by a user, a returned payment fee will be charged. The user will be responsible for these fees. Baiduhotel reserves the right to block access to the user’s account until payment in full of the outstanding invoice amount, including any fees due to returned payment etc., and to withhold any outstanding deliveries until payment is received in full.

Use of Bids. A bid represents your right to participate in a current auction or other Service on the Site. When you place a bid in a live auction, the price of the product being auctioned decreases by the amount specified for the auction and time is added to the auction by the amount specified for the auction. Each bid constitutes an offer by you to purchase the product being auctioned under these Terms and Conditions and any specific terms and conditions for such auction. If you have purchased bids available to you for use, you may place a bid in an auction by clicking on the "Bid" button or similarly designated link during a live auction on the Site. You may use a bid only once, and once you place a bid in an auction or other Service on the Site, Baiduhotel will deduct the bid from your account. All bids are non-transferable, non-assignable, and offered and granted by Baiduhotel solely to you for your personal, non-commercial use in auctions and other Services that may be offered on the Site, subject to and in accordance with these Terms and Conditions. Under no circumstances may all or any portion of your bids or bid packages be sold, traded, pledged, bartered or otherwise provided to any third party.

Refunds. No refunds will be provided for any purchased bid packages, expired bids, Free Bids, or bids used on the Site. All bids placed in an auction are final.

Free Bids. Baiduhotel may credit your account with free bidding rights (so called "BidPoints") equal to the amount of purchased bids placed in an auction below the final auction end price in auctions you were unsuccessful in winning. BidPoints have no value, other than the right to place a single bid in an upcoming or ongoing auction subject to and in accordance with the terms and conditions of this Agreement and the continued provision of the Service by Baiduhotel. 

All BidPoints are offered and granted by Baiduhotel at its sole discretion and are only valid until the earlier of (i) the period of time set forth for such BidPoints as part of its offer by Baiduhotel, or (ii) the termination of your account, either by you or by Baiduhotel. The offer and grant of BidPoints may be withdrawn and cancelled by Baiduhotel at any time without notice.

Bidding/Use of the BidBuddy

Users can bid two ways on the Site. Bids can be placed by clicking on the relevant "Bid" buttons, or can be placed automatically by a BidBuddy. BidPoints (Free Bids) cannot be used or placed automatically by a BidBuddy.

The BidBuddy assists bidders in being able to bid on an auction even if they are not online at that time. The BidBuddy automatically submits bids according to the specifications set in advance by the user. The user can read more about how the BidBuddy operates in the "Help" section.

How the Auctions Work

Auctions. To participate in an auction, you must place a bid for a product being auctioned during the time the auction is active using the bid placement methods provided above on the Site. Each auction starts at the retail value price of the product. Each bid placed in the auction will decrease the current price of the product by a pre-determined amount, as specified on the Site for that particular auction, and add an additional pre-determined amount of time to the auction, as specified on the Site for that particular auction. If no additional bids are received by Baiduhotel prior to the time for the auction expiring, the auction will remain active until the auction timer reaches zero, at which time the auction will pause. Once additional bids are received by Baiduhotel, the auction will become active again, since each additional bid will add a pre-determined amount of time to the auction.

Each live auction on the Site will officially end when either (a) a participant wins by clicking on the relevant "Buy" button during the auction to purchase the product at the displayed auction price inside the "Buy Window" in accordance with the offer and purchase terms set forth herein,(b) the current auction price reaches zero with no winner, or (c) the auction expires at the latest end date with no winner.

All bids placed in the auction for the product expire, are not refunded or credited back to any account, and are not otherwise eligible for any further use, regardless of whether or not the participant ending the auction accepts and agrees to purchase the product or completes payment of the product. All determinations of timing and receipt of bids shall be determined by Baiduhotel in its sole and absolute discretion based on the internal records of Baiduhotel’s systems and shall be final.

Auction Limit Rule

A participant shall be limited to a maximum of $500 worth of total auction purchases within any twenty-eight (28) day rolling period. After reaching the $500 auction purchase limit, the participant will not be qualified to purchase another auction product within this time period. This will allow as many registered users as possible to take advantage of the deals that are available through our live auctions.

Acceptance of a Won Auction & Payment

After an auction has ended, the participant ("winner") must go to the "Won Auctions" page located in "My Baiduhotel," or another webpage if so indicated. Here, information such as total price (including shipping costs, taxes, etc.) and payment options will be displayed. The winner must actively "Accept" or "Deny" each auction item and must do so within 7 days of the auction end date. If the item is not accepted within 7 days of the auction end date, the item will be considered "Denied." Once an item is denied, it will be returned to our inventory and put in the queue to be re-listed on the site. We cannot honor a purchase if the item has been denied.

Once an auction item has been accepted by the winner, they will have the option to make the payment, and pay the total price for the win by following the steps indicated on that page, or elsewhere if indicated, within 7 days of the auction end date. The payment will include the final auction end price for the won item and any shipping costs and taxes that are listed with the item. Any bids that are used in an auction are considered used and are non-refundable. After the item has been accepted and paid for, the winner will receive a confirmation email from Baiduhotel containing the details of the transaction, including the auction price and shipping costs and taxes, if applicable. Subsequently, the item will be delivered to the winner (subject to the remedies for breach of a Term set out in this Agreement).

The item will not be sent to the winner until the total price has been paid and the winner does not have an outstanding account balance. All purchased bids used on the auction must be properly acquired and/or paid for. Should bids that have already been purchased and used by a participant not have been fully paid for, payments subsequently received from this participant shall be treated as payment toward the bids not yet fully paid for. Baiduhotel reserves the right to retain the item purchased at auction until all bids and the total price for the item have been paid for in full. Baiduhotel reserves the right to cancel the purchase agreement and relist the item if the item is not paid for within 7 days of the auction end date. A shipping confirmation email will be sent to the participant by Baiduhotel once delivery has been arranged.  

Cancellations & Returns

Baiduhotel grants winners the right not to win (cancel) the auction. This right is unconditional and begins from the moment the participant wins an auction. If the winner chooses to cancel the auction, he is not entitled to pay the final auction end price of the item. The winner at this point may simply (a) let the payment period of 7 days expire with no further action required on his part, or (b) "Deny" the item in his "My Baiduhotel - Won Auctions" page. All bids placed on the auction are conisidered used and are nonrefundable. If an auction item is won and paid for in full, Baiduhotel grants the winner a grace period of 14 calender days from the date the order was delivered for receiving a refund should there be an issue with the delivered item. After 14 days of delivery, no refund will be allowed and the sale will be considered final.

To request a refund, the winner must obtain an RMA Number from Baiduhotel. To do this, please email us at info[at]baiduhotel[dot]com. After providing us with some order details, the winner will be emailed the RMA Number plus our exact return address, and should return the item to us. However, shipping back the item is at the winner's expense. In order to complete a valid return, a user must return the received item unused and sealed in its original packaging, such as what might be expected from a typical retail store, and must include all supplemental materials that originally came in the package. Items that do not meet this criteria will not be accepted for return and no refund will be given. Once approved, a refund will be in the amount of the final auction end price of the item. We will credit the amount to the payment method used to place the order. This refund may incur transaction costs and/or shipping fees. If the user is unable to return the product received, or only able to return it in part or only in a depreciated condition, he will have to pay compensation to Baiduhotel [the amount refundable will be reduced proportionally], as applicable.

Product Delivery

Product Delivery. Upon acceptance of the auction item and payment in full of all applicable charges, Baiduhotel shall notify the participant and process the shipment and delivery of the product. Shipment will be made directly by Baiduhotel or by Baiduhotel’s authorized suppliers. Deliveries are made solely within the 50 states of the United States and Washington DC (explicitly excluding the U.S. sovereign territories of Guam, Puerto Rico and the U.S. Virgin Islands). Some restrictions or higher shipping costs may apply if the delivery address is in Alaska, Hawaii or certain other areas, please check notifications on the detail pages of the auctions in advance. Delivery times vary and any delivery times indicated are solely estimated times and are not guaranteed. Any damage to the product during shipment must be reported to Baiduhotel upon delivery by contacting Baiduhotel’s customer support and following the return policy. If no damage is reported upon delivery, the product will be deemed accepted in new condition.

Specific Terms of Services Related to Chatroom Messages

By posting information, text or other material on our Site's chatroom you:

Agree not to solicit others. You agree not to use this Site’s messaging features to advertise or to solicit anyone to buy or sell products or services, or to make donations of any kind.

Agree not to have multiple names on our Site’s chatroom. Each user may have only one name. Usage of multiple names will result in the removal of your posting privileges under any name. We also reserve the right to remove messages from names which themselves might be considered objectionable.

Agree not to upload, post, distribute, e-mail or otherwise publish or make available through this chatroom any libelous, defamatory, obscene, harmful, vulgar, threatening, tortuous, harassing, abusive, invasive of another’s privacy, hateful, racially or ethnically objectionable, or otherwise illegal material.

Agree not to post messages in any manner that emulates, purports or pretends to be someone else. Under no circumstances are users posting messages to this chatroom to knowingly use the name or identity of another person, whether that is another user on this Site, a public figure, celebrity, etc. This also means that users will not knowingly give out any personal information of other users of the Site's chatroom.

Agree to be civil. Baiduhotel wants to encourage dialogue and debate. This means messages should be relevant and contain no abusive or profane language. Messages may be deleted or hidden at the sole discretion of Baiduhotel.

Agree not to use our Site's chatroom for personal attacks. This includes any sort of personal attack - including, but not limited to the listed hotel properties on the Site's auction pages, the members who post messages, or anyone else in the Baiduhotel community.

Baiduhotel retains the right to remove or hide individual posts or to revoke the chatroom access privileges of anyone who we believe has violated any of these terms or any other term set forth in this Agreement.

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Baiduhotel has adopted a policy of terminating, in appropriate circumstances and at Baiduhotel's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Baiduhotel may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Disclaimer of Warranty/Limitation of Liability regarding the use of Baiduhotel 

Baiduhotel makes every effort to ensure that information provided on the Site is correct. However, we do not warrant that information including, but not limited to, product information and prices, hotel descriptions and photographs, hotel amenities, editorial commentary, or any other content of the Site, regardless of its source, is accurate, current, or complete. Baiduhotel provides content for informational purposes only and the inclusion of that content does not constitute an endorsement by Baiduhotel of any product, merchant, seller or service.

The information, software, products, and services published on the Site, including, without limitation, text, graphics, links, or any information or materials obtained or accessed through or from Baiduhotel are provided "as is," "with all faults," "as available," and with no warranties whatsoever. Baiduhotel herein disclaims to the fullest extent permitted by law any and all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, freedom from computer virus, title, and non-infringement of proprietary rights. In addition, Baiduhotel does not represent or warrant that the information accessible via the site is accurate, current, or complete. We are not responsible for typographical errors.

YOU AGREE THAT YOUR USE OF BAIDUHOTEL WEBSITE IS ENTIRELY AT YOUR OWN RISK.

The hotels and other suppliers listed on the Site are independent contractors and not agents or employees of Baiduhotel or its affiliates. Baiduhotel and it’s 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 from the use of said suppliers. RJVI and its affiliates have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, act of nature, or other cause beyond their direct control and they have no responsibility for any additional expense incurred by users of the Site based on, but not limited to, omissions, delays, re-routing, or acts of any government or authority.

IF YOU ARE DISSATISFIED WITH THE BAIDUHOTEL WEBSITE OR SERVICE OR ANY PART OF THE BAIDUHOTEL WEBSITE OR SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

In no event shall RJVI, its affiliates, and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in way connected with, the use of the Baiduhotel website or with the delay or inability to use the Website, or for any information, software, products, and/or services obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, strict liability, or otherwise, even if Baiduhotel, it’s affiliates, and/or their respective suppliers have been advised of the possibility of damages. User hereby acknowledges that the provisions of this section shall apply to all content on the Website.

In addition to the terms set forth above, neither Baiduhotel, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained in the Website, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Neither Baiduhotel, its affiliates, information providers nor content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.

Indemnification

You agree to hold harmless and indemnify RJVI, its parents, subsidiaries, affiliates, and their respective suppliers, and any of their owners, officers, directors, managers, members, agents, and employees, from and against any claims, liabilities, suits, judgments, litigation costs, causes of action, demands, recoveries, losses, damages (actual and consequential), fines, penalties, and attorneys’ fees or other costs or expenses of any kind or nature arising from or in any way related to your use of the Baiduhotel website, including, but not limited to those brought by you or on your behalf in excess of the liability described above, or by third parties as a result of your breach of this agreement or the documents referenced herein, your violation of any law or the rights of a third party, or your use of the Website.

Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of this agreement, including, but not limited, to this paragraph. Baiduhotel reserves the right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by RJVI with respect to your use of the Site. If any provision of this agreement is determined to be invalid or unenforceable pursuant to applicable law by any court of competent jurisdiction, the other provisions of this agreement will remain in full force and effect.

You agree that no business relationship, including but not limited to, a joint venture, partnership, employment, or agency relationship exists between you and RJVI as a result of this agreement or use of the Site.

Resolution of Disputes

This Agreement and its performance shall be governed by the laws of the State of New Jersey, United States of America, without regard to conflict of laws provisions that would result in the application of the laws of any other jurisdiction. You and Baiduhotel agree that we shall resolve any action, claim or controversy at law or equity (a "Claim") that arises out of your use of this site or our services, this Agreement, or the parties' relationship in connection with this site or this Agreement, in accordance with one of the subsections below, or as otherwise mutually agreed by the parties in writing.

Submission to Jurisdiction in New Jersey. You agree that unless otherwise mutually agreed by the parties in writing or as described in the Mandatory Arbitration subsection below, any Claims shall be brought in the state or federal courts located in Bergen County, New Jersey, United States of America. Unless otherwise prohibited by applicable law, any Claim must be brought within one (1) year from the date on which such Claim arose or accrued.

Mandatory Arbitration. Any Claim where the total amount in controversy is less than US$10,000, shall be resolved via binding, non-appearance-based arbitration initiated through the American Arbitration Association ("AAA"). The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. AAA and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall be conducted by an arbitrator in Bergen County, NJ who is approved or otherwise affiliated with the AAA; (c) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties in writing; (d) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim; (e) unless otherwise mutually agreed by the parties in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding; and (f) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If subparagraph (e) above is found to be unenforceable, then the entirety of this Mandatory Arbitration provision shall be null and void.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND BAIDUHOTEL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO THE CLAIMS COVERED BY THIS MANDATORY ARBITRATION PROVISION.

Improperly Filed Claims. All Claims you bring against Baiduhotel must be resolved in accordance with this Resolution of Disputes Section. All Claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed and void. Should you file a Claim contrary to the Resolution of Disputes Section, Baiduhotel may recover attorneys' fees and costs up to $1,000, provided that Baiduhotel has notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.

If there is a dispute between users on this site, or any third party, Baiduhotel is under no obligation to become involved. In the event that the user has a dispute with one or more members, user hereby releases RJVI, their officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.

Travel Destinations 

Because travel to various destinations throughout the world can be dangerous or even life-threatening, you should not rely on any such information in situations where its inaccuracy would cause you to suffer any loss. Baiduhotel assumes no liability for inaccuracy or incompleteness in any content on the Site, including, but not limited to product information and prices, search results, and editorial content. Baiduhotel also does not assume any liability for inaccuracy or incompleteness in any content on third party sites you access from Baiduhotel. We urge you to review travel prohibitions, warnings, and advisories issued by the United States Government before considering travel to international destinations. Information on restrictions and developments in various countries and the risks regarding travel to particular international destinations can be found at www.state.gov http://www.state.gov, www.tsa.gov http://www.tsa.gov, www.faa.gov http://www.faa.gov, www.cdc.gov http://www.cdc.gov, and www.cbp.gov http://www.cbp.gov.

By listing any hotel or destination, Baiduhotel does not warrant that travel to such destinations is without risk. Baiduhotel is not liable for any loss or damage - physical, property, or otherwise - that may arise from travel to any location chosen by accessing this Site.

System Outage/Temporarily Halted Auctions

A system outage has occurred if no bids can be submitted for items due to an unforeseeable disruption in a system. In such a case, auctions will be temporarily halted and the remaining times for the auctions, the current bidding price and the current lowest bidder will be maintained. After the disruption has been resolved, the auctions will be continued and 20 minutes will be added to the auction timer; Baiduhotel reserves the right, at its sole discretion, to add more than 20 minutes to the countdown timer. The Website shall indicate when an auction has been temporarily halted. It is the user’s responsibility to verify the time remaining on the countdown timer after an outage. Bidders who were bidding in auctions which were temporarily halted shall not have a right to a refund for bids used or other costs incurred.

With the currently available technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) without errors, or to rule out any unpredictable events in connection with the internet (hereinafter referred to collectively as "technical faults"). Baiduhotel, therefore, provides no guarantee of the uninterrupted availability of its website and technical systems.

In the event of technical faults, Baiduhotel cannot be held responsible for bids placed during or after the technical downtime. If a user is sure that their bids have been lost due to a system failure, they may contact Baiduhotel's customer service for more details on what they should do at info[at]baiduhotel[dot]com.

If an auction ends due to technical errors and a winner is declared by the system and a winning notification from Baiduhotel, this win is NOT valid. On a technical fault ending an auction Baiduhotel will make every effort to begin a new auction where the faulted auction ended plus 20 minutes.

Links to Third Party Websites & Content

Baiduhotel provides links to websites operated by parties and merchants other than RJVI. However, those links are offered for your convenience only, and Baiduhotel is not responsible for their content or your use of them. We do not endorse the content of any of the websites listed on Baiduhotel, whether with links or without.

Baiduhotel may provide links to Web pages and content of third parties ("Third Party Content") as a service to those interested in this information. Baiduhotel does not monitor or have any control over any Third Party Content or third party Web sites. Baiduhotel does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. Baiduhotel does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.

Advertisements & Promotions

Baiduhotel may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Baiduhotel, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Baiduhotel is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Baiduhotel advertisers on the Site.

Submissions

You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding the Site, Baiduhotel's products, services that are provided by you in the form of email or other submissions to Baiduhotel, or any postings on the Site, are non-confidential and shall become the sole property of Baiduhotel. Baiduhotel shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Equipment & Related Costs

You are responsible for obtaining, maintaining and paying for all costs and fees associated with obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use the Site and/or the Services. You shall provide all equipment and software necessary to connect to the Site and/or the Services. You shall ensure that your equipment and/or software necessary to access and use the Site and the Services does not disturb or interfere with Baiduhotel's operations, the Site or the Services. If any upgrade in or to the Site, or if the Service requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated in writing by Baiduhotel, any new or additional features of the Site or Service, including the release of new products and Services, shall be subject to these Terms of Use.

System Failure

In the case of a system failure, which cannot be excluded according to the current state of technology, active auctions will be halted, as far as the system is able to recognize this beforehand and that it is technically possible. After the removal of the error, the auction(s) will be continued. In this case, a claim to the reimbursement of the purchase price of expended bids does not apply.

Baiduhotel provides no guarantee for the constant, uninterrupted or continuous operation of the system. Baiduhotel is not responsible for damage resulting from the use (or lack thereof) of the Services by users or third parties. Likewise, Baiduhotel is not responsible for damage resulting from technical defects or internet lag time, which prevents users from placing bids or placing bids in a timely manner.

Copyrights

All contents of the Baiduhotel website are copyrighted © 2010 Baiduhotel.com. All rights reserved. As a condition of your access and/or use of the Site or any information, data or images from the Site, you warrant and represent to us that you will not use the Site or its information, images or data for any illegal purpose, or for any purpose that is prohibited by this Agreement, and you agree not to: modify, copy, distribute, transmit, publish, display, license, create derivative works from; or sell any product, services, information or software obtained from the Site.

Baiduhotel makes every effort to respect the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Site, please contact us and provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Baiduhotel site, including a URL; your address, telephone number, and email address; a written 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; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Trademarks

Baiduhotel, Baiduhotel.com, the Baiduhotel logos and any other product or service name or slogan contained in the Site are trademarks of Baiduhotel and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Baiduhotel or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Baiduhotel" or any other name, trademark or product or service name of Baiduhotel without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Baiduhotel and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Baiduhotel names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Termination

Notwithstanding any of these Site Terms, Baiduhotel reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future your access to and use of the Site.

Severability

If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.

Agreement

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Baiduhotel with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and RJVI with respect to the Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Questions & Contact Information

If you have questions, comments, concerns or feedback regarding these Terms of Use, the Privacy Policy or any applicable Rules of any Service on the Site, please contact us via any of the methods set forth below:

1. Via e-mail:  info[at]baiduhotel[dot]com
2. Via mail:  RJV International Inc., P.O. Box 0381, Hackensack, NJ  07602