Terms & Conditions

Effective Date: This membership agreement was last updated on May 10, 2009.
Annual Membership Fee: $5.00 USD.

This Membership Agreement ("Agreement") including our Terms of Use and the Privacy Policy, contain the entire terms and conditions that apply to your use of Members Hotel Network services, which is a service of Members Hotel Network, LLC hereinafter referred to as "Company", "Members Hotel Network", or "MHN" and its website and/or co-branded websites and collateral.

This Agreement supersedes any prior agreements. The current version applies to your use of our services and the website. Members Hotel Network may modify the terms of this Agreement at its sole discretion by posting modifications on its website. Your continued use of the services after notice of modifications constitutes your acceptance of the modifications. If you do not agree to the modifications, you should cancel your membership and terminate this Agreement. If you do not agree with the terms and conditions of this Membership Agreement ("Agreement"), do not complete the registration process.

1. Registration
 
This Membership is only for those persons, businesses who have subscribed to the Members Hotel Network Program through activation/registration on the MHN website and/or one of its approved affiliates/distributors. We require that you register with us and once you are approved, you will be notified by us that you are able to use this service with your Login ID or Member Name (which is your e-mail address) and a password via e-mail that you prescribe at time of registration. You may not have more than one account or Member Name, and only one e-mail address per membership card issued by MHN. Your member name/e-mail that you provide will be used to identify you on MHN website and will permit you to use the Services and modify your information / profile. By registering, you certify that the information and e-mail address you provide in the registration is accurate and belongs to you; otherwise we have the option of suspending your account with MHN. If you register for the Members Hotel Network membership program, the membership is for the Member ONLY and may not be shared and or features transferred to others.

Members Hotel Network reserves the right to periodically verify the legitimacy of members and business and Member also agrees to notify Members Hotel Network for any change in personal and business profile or its employees in relation to use of this Membership.

You are responsible for maintaining the confidentiality of your password and for any and all activities that occur under your Member Name and password. You agree to notify Members Hotel Network immediately at support@mhnsaves.com of any unauthorized use of your account or any other breach of security you learn about.

To protect your privacy and the privacy of others, Members Hotel Network uses Member Names to identify participants. We keep your e-mail address and other information strictly confidential. You should refrain from using identifiers in choosing your Member Name and in your postings that would compromise your privacy, such as your e-mail address, URLs, full name, street address, telephone or fax numbers, place of employment, etc.

2. Privacy

You are providing your electronic mail ("e-mail") address for the purposes of registering to access this service. Correctly entering your e-mail address is important so that you are able to participate in the collaboration process and log in to view your account information. Occasionally, you will receive newsletters, updates, information and notices, etc. with information that we deem to be of interest to you as a member of MHN. If you do not want to receive newsletters and updates, you may opt out of those services by completing the on-line process within your membership/account profile and selecting unsubscribing or by contacting MHN at support@mhnsaves.com.

For more information regarding Members Hotel Network protection of your information, please consult MHN's Web Privacy Statement.

3. Guidelines for Use

The Members Hotel Network service and site are only available for lawful purposes and use by actual persons. Use by scripts, machines or automated services, without express written consent of the site ownership, is prohibited.

You must comply with all applicable local, state, national and international laws, regulations or conventions, including without limitation those related to data privacy, international communications, and exportation of technical or personal data.

Members Hotel Network reserves the right to determine what constitutes objectionable conduct. If Members Hotel Network believes, in its sole discretion, that a violation of these guidelines has occurred, it may take action. Such action may include, but not be limited to, permanent removal of illegal or inappropriate information or content, or suspension or termination of your Membership and restriction of elimination of your access to the Members Hotel Network service.

The following activities may result in Members Hotel Network taking action to terminate or suspend your Membership:

Posting, transmitting, or linking to:

• Any text or images that are sexually explicit, pornographic, violent, racially or ethnically objectionable or grossly offensive, defamatory and libelous statements or other statements that would violate any third party's privacy or publicity rights, profane language, promoting any products or services that are unlawful at the location at which the content is posted or received, statements that are intentionally false or misleading, introducing viruses, worms, harmful codes or Trojan horses, spamming, flaming or other similar activities, planning illegal activities, such as creating computer viruses, building an explosive device or counterfeiting money or pirating software, serial numbers of products for which you do not have a registered license, advertising, promoting in any way or offering to sell any goods or services for any commercial purpose, inappropriate for Members Hotel Network membership, impersonating any person or using a name that you are not authorized to use, posting links in the MHN e-mail referrals platform that lead to a competitor's site.
• Misusing the Members Hotel Network rewards system
• Any other unethical behavior.

Violations of the MHN system, platform and MHN network security are strictly prohibited. You may not misuse system resources including but not limited to employing posts or programs which consume excessive CPU time or storage space, permitting use of mail services, mail forwarding capabilities, POP accounts or auto-responders other than for your own account. If you notice a problem with other members not following these guidelines, please notify us at support@mhnsaves.com.

4. Room Reservations and Conditions

Members Hotel Network provides its members the ability to book rooms through the appropriate franchise website from the MHN website. Each franchise or hotel may have independent cancellation, room availability, and terms/conditions for making your reservation and your nights stayed. There is no guarantee of the rate that will be offered at time of reservation against publicly advertised rates.

Member Inquiries: All inquiries (including, without limitation, complaints for credit card charges, and any payment owing to incidental expenses incurred by member during the stay will be handled by the hotel holding the reservation for that stay. However the hotel and member will mutually assist each other to resolve such issues within a reasonable time. The member will hold harmless Members Hotel Network of such disputes and its outcome.

5. Members Hotel Network Property Rights

The layout, design, concept and organization of the Members Hotel Network Site and Services are subject to Members Hotel Network trademarks, patents, copyrights and other intellectual property rights. All rights are reserved.

You acknowledge and agree that Members Hotel Network owns all right, title and interest in (i) the Services; (ii) the Site; (iii) the technology available on the Services or the Site; and (iv) all copyrights, patents, trademarks and other intellectual property rights therein. Any use of the Members Hotel Network Services, Site, technology, and/or the copyrights, patents, trademarks or other intellectual property rights, other than as described in this Agreement, is not licensed and is strictly prohibited.

You agree that you will obtain the express written permission from Members Hotel Network before you copy, upload, transmit, reproduce, distribute or in any way exploit any Members Hotel Network Services, program features, technology and/or the copyrights, patents, trademarks or the other intellectual property rights, obtained through the Members Hotel Network Site. In addition, you agree not to copy the layout, design, concept and organization of the Site or Services during the Agreement and for a period of five years after termination. This Agreement does not constitute a license to use Members Hotel Network trade names, service marks or any other trade insignia. Any use of Members Hotel Network trade names, services marks or any other trade insignia shall be subject to Members Hotel Network prior written consent.

6. Agent for Notification of Claimed Infringement

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. ?? 512, Members Hotel Network has designated an agent to receive notices of claimed copyright infringement. If you believe Your Content has been used on the Site in a manner that constitutes copyright infringement, please notify our designated agent at Members Hotel Network support@mhnsaves.com.

7. Disclaimers of Warranty

You expressly agree that use of Members Hotel Network services is at your sole risk. The site and the services are provided on an "as is" basis.

Members Hotel Network makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials or products included on the site. Members Hotel Network disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Members Hotel Network makes no warranty that the services will meet your requirements, or that the services will be uninterrupted, timely, secure or error free. Members Hotel Network does not warrant that the site or its services are free of computer viruses or other harmful materials. Nor does Members Hotel Network make any warranty as to the results that may be obtained from the use of the services or as to the accuracy or reliability of any information obtained through the services.

No advice or information, whether oral or written, obtained by you through the services shall create any warranty, whether by implication, estoppel or otherwise. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

Other than providing a framework in which Members post problems or ask questions and MHN sales employees provide answers and/or comments, MHN does not review or verify the content of postings at its Site.

8. Limitation on Liability

Regardless of the type of claim or the nature of the cause of action, you agree that in no event shall Members Hotel Network, its affiliates, contractors, service providers, employees, agents or licensors, or any other party involved in creating, producing or delivering the services, technology or content available on the services ("Members Hotel Network affiliates"), be liable to you in any manner whatsoever: (i) For any decision made or action or non-action taken by you in reliance upon the information provided through the services; (ii) For loss or inaccuracy of data or cost of procurement of substitute goods, services or technology; (iii) For any direct, indirect, incidental, punitive or consequential damages, including but not limited to loss of revenues, loss of profits or loss of reputation, even if Members Hotel Network has been advised of the possibility of such damages.

Your sole and exclusive remedy with respect to the use of any services provided by Members Hotel Network shall be cancellation of your membership to the services. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; in those jurisdictions our liability shall be limited to the extent permitted by law.

9. Indemnification

Members Hotel Network provides its services to Members on the assumption that Members will act professionally and responsibly. If they do not act professionally and responsibly, Members must bear full responsibility for their actions. As a Member, you agree to defend, indemnify and hold harmless Members Hotel Network, its officers, directors, employees and agents from and against all claims, demands, actions, suits, damages, liabilities and costs, including reasonable attorneys' and experts' fees, related to or arising from (i) any breach of your covenants under this Agreement; (ii) your use of the services or the Website; (iii) all conduct and activities occurring under your Member Name and password; (iv) any defamatory, libelous or illegal material contained within Your Content or your information and data; (v) any claim or contention that Your Content or your information and data infringes any third party's patent, copyright or other intellectual property rights or violates any third party's rights of privacy or publicity; and (vi) any third party's access or use of Your Content or your information and data. Members Hotel Network reserves the right, at its own expense, to participate in the defense of any matter otherwise subject to indemnification from you, but shall have no obligation to do so. You shall not settle any such claim or liability without the prior written consent of Members Hotel Network, which shall not be unreasonably withheld.

10. Rewards System

Upon becoming a Member, you will be eligible to earn MHN Rewards for each night stayed and / or through our e-mail referral program. Once the appropriate threshold, as set by MHN and can be changed with or without notice, are achieved for either MHN Rewards program your account will automatically be reset to zero. Your monetary reward will be sent to you based upon the mailing address that you provide at time of registration via United States Postal Services (USPS) first class mail. MHN Rewards can only be mailed within the United States of America and applicable military post office boxes. All monetary rewards will be in US Dollars (USD), no foreign currencies will be utilized to process monetary rewards. Members Hotel Network does not guarantee member to receive any franchise or credit card offered points for any and all stays using reservations made through Members Hotel Network. Members Hotel Network Rewards have no cash value until the threshold is reached. If you do not reach the threshold your points will automatically reset to zero at the end of your subscription (one year from your date of activation through the website). All taxes, service fees and transaction fees are to be paid by member at the time of making the reservation. Members Hotel Network reserves the right to establish a monetary value for Members Hotel Network Rewards. Occasionally, Members Hotel Network may run promotions or contests where Members Hotel Network uses the accumulation of MHN Rewards by each Member for incentives. It is your responsibility to check your account regularly to ensure your account balance is accurate.

Members Hotel Network reserves the right to retire inactive accounts from time to time, once an inactive account has been retired, the point balances will be set to zero and the history of that account will be deleted after a period of time.

In order to continuously improve the performance of the Members Hotel Network system, Members Hotel Network reserves the right to modify its MHN Rewards system and platform.

11. Collection of Information on You and Third Party Content

Members Hotel Network also uses commonly employed Internet technologies to collect additional information about users. For example, MHN uses "cookies" to determine how users reach the Web site and to track general usage patterns once a user is on the Web site. This information is collected and analyzed in the aggregate in order to improve the function, content, overall appearance, and capability of the Website. "Cookies" are small pieces of information that are transferred by a website and stored by your web browser on your computer's hard drive. Most web browsers automatically accept cookies; however, you can always choose not to accept a cookie by changing your computer preferences to refuse cookies or to prompt you to accept each cookie, but doing so will limit the range of features available to on the Web site. Although MHN requires that your web browser accept cookies to access the Web site, MHN does not store any PII in them.

The advertising companies may use information about your visits to mhnsaves.com and other Web sites to provide ads about goods and services you might find interesting. If you would like more information about this practice and to know your choices about not having this information used by a third party, simply to go: www.networkadvertising.org/optout_nonppii.asp

The Web site may contain links to web sites operated and maintained by third parties over whom we have no control. The information practices of those Web sites are not covered by this privacy policy. Any information you provide to third-party Web sites or that we provide in relation to hotel reservations you made will be governed under the terms of each such Web site's privacy policy. Please note that when you click on one of these links, you are entering another Web site, and we have no responsibility or liability whatsoever for the content, actions, or policies of such third-party Web sites. We encourage you to read the privacy policies of all third-party Web sites that link to the Web site, because such privacy policies may be materially different from this privacy policy.

12. Payment and Services Features

Unless otherwise stated, all fees are quoted in U.S. Dollars. A credit card is required for all reservations, unless otherwise stated. Your credit card will be charged in the manner as set forth in the reservation policy of the participating hotels. The term of the MHN Membership is for one year from the date of joining, Membership will NOT be automatically renewed. MHN will contact, you, our member via e-mail within the last month of membership period for details of renewing your membership. Upon confirmation of payment to Members Hotel Network, you will receive an e-mail with your User ID/Log In and Password as a confirmation of your payment. You will also be able to print your MHN membership card online once payment is authenticated. We do not store your credit card information. You will be sent a physical MHN membership card shortly after your online activation is completed. You will need to present the MNN membership card when you check-in to one of our participating hotels. If you do not present the MHN membership card, the participating hotel has the right to refuse the discounted rate quoted to you previously and you may not be eligible for any MHN Rewards. If you book by calling the hotel directly you will be quoted the discounted MHN membership price. If you book online the rate will not be discounted until time of check-in. If you participate in one of the nationally recognized clubs that MHN combines discounts with, you may see that discount applied at the time of reservation. All rules applicable to those Clubs are not the responsibility of MHN or its affiliates. All rules and policies that govern those clubs are subject to the issuing authority rules, policies, discounts, privileges, and regulations and MHN cannot be held liable for those clubs programs.

If you have any further questions, please contact support@mhnsaves.com.

13. Term, Termination

This Agreement shall be effective for as long as you use the services of this website and the MHN membership card.

Either you or Members Hotel Network may terminate this Agreement with or without cause. Members Hotel Network may terminate this Agreement immediately if, based on Members Hotel Network sole judgment, it determines that you have (i) breached this Agreement or the Guidelines established for the use of Members Hotel Network services, (ii) infringed or violated any intellectual property right of Members Hotel Network or (iii) infringed or violated any intellectual property right or privacy or publicity right of a third party associated to MHN.

The termination of this Agreement shall terminate your access to the Membership. Neither Members Hotel Network nor any Members Hotel Network Affiliate (including member hotels) shall be liable to you or to any third party for termination of the Services for any reason. The termination of this Agreement does not relieve you of your obligation to pay any Fees accrued or payable for use of the Services prior to the effective date of termination of this Agreement.

Upon termination of this Agreement, the membership granted to you by Members Hotel Network shall be discontinued. Provisions, which by their nature would be expected to survive termination, shall survive and remain in full force and effect in accordance with their terms.

You may cancel at any time before your renewal date. Simply go to your membership profile and select Cancel Membership. You may also contact us at support@mhnsaves.com. When your subscription is cancelled you will receive a confirmation e-mail of the cancellation based upon the e-mail that is in your profile. If you do not receive this confirmation e-mail, please contact us support@mhnsaves.com. Cancellations will be effective immediately upon processing. We are unable to prorate for partial term usage or for non-usage of the Services while you were an active Member. Your User ID/Log In and Password and any other information collected from you will be eliminated from our systems. All MHN rewards will be set to zero and you will not be eligible for use of those MHN Rewards after membership cancellation. You can reapply for membership if you choose after you have cancelled your membership. You will be required to pay the existing membership fee and any MHN Rewards accumulated from your prior membership with MHN will not be available to you and are not transferable.

14. Consumer Rights

If you should have any complaints about Members Hotel Network Services, or need further information about the Services, contact support@mhnsaves.com.

15. No Assignment

Your rights and obligations under this Agreement shall not be transferred or assigned directly or indirectly without the prior written consent of Members Hotel Network.

16. Severability

If any provision of this Agreement or portion thereof is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

17. Applicable Law and Jurisdiction

This site (excluding links) is controlled and operated from the Members Hotel Network offices in Metuchen, NJ USA. You agree that all matters arising from or relating to the use and operation of the site and services shall be governed by the laws of the State of Delaware and the United States of America, without regard to conflicts of laws principles. This Agreement also shall be governed by and construed in accordance with the laws of the State of Delaware and the United States of America. Members Hotel Network has the right to require that any disputes be resolved by arbitration through the American Arbitration Association offices located in Somerset, NJ. Otherwise, the federal and state courts of the State of New Jersey in Trenton, New Jersey, USA shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement or arising from or relating to the operation or use of the Website or Services. You expressly consent to (i) the personal jurisdiction of such courts over you; and (ii) service of process being effected upon you by either e-mail or registered mail sent to the address you provide Members Hotel Network in connection with your subscription for services. Unless prohibited by the law of your jurisdiction, you waive any requirement that service of process or of any documents be made upon you pursuant to the provisions of The Hague Service Convention.

18. Notices

Except as explicitly stated otherwise, all notices to Members Hotel Network that are permitted or required under this Agreement shall be by contacting us at customer service, and to you at the e-mail address you provide Members Hotel Network during the registration process, or to such other address as either of us shall specify in writing as our addresses for notice. Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Evidence of successful transmission shall be retained.