Legal — Terms of Use

Terms of Use

Welcome to the HarbourHotels.com web site (the “Site”). The term “Harbour Hotels” or “us”, “we” or “our” refers to Harbour Hotel Motel Brokers – the owner of this site. The term “you” refers to the user or viewer of our web site. These Terms and Conditions of Use (the “Terms of Use”) apply to the Harbour Hotels web site located at www.harbourhotels.com, and all associated sites linked to www.harbourhotels.com by Harbour Hotels, (collectively, the “Site”). The Site is the property of Harbour Hotel Motel Brokers (“Harbour Hotels”) and its licensors.

This site is comprised of various web pages operated by Harbour Hotels and is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. Please review the following terms carefully, and keep a copy of them for your reference. By using our site and services constitutes your agreement to comply with and be bound by the following terms of use.

Harbour Hotels reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, grant you a non-exclusive, non-transferable, limited privilege to enter and use the Site.

Acceptance of Agreement

You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our site and any successor sites (the “Site”). This Agreement, and our Privacy Policy, which are incorporated herein by reference, constitute the entire and only agreement between us and you, and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. Your continued use of the Site after we post any changes constitutes your acceptance of such changes.
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Your Use of the Site

You may not use any automatic, “deep-link”, “page-scrape”, “robot”, “spider” or other program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. We reserve the right to block any such activity.

You may not attempt to gain unauthorized access to any portion of the Site, or any other systems or networks connected to the Site, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not test, probe, or scan the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not trace, reverse look-up or seek to obtain any information on any other ABC web site user or visitor, or any other customer of ABC, including any ABC account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes any unreasonable or disproportionately large load on the infrastructure of our Site, systems or networks, or any systems or networks connected to the Site. You also agree not to use any device, software or routine to interfere or attempt to interfere with the proper working or any transaction of the Site being conducted, or with any other person’s use of the Site.

You may not disguise the origin of any message or transmittal you send to us on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent someone else or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of ABC and/or others.
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Accounts, Passwords and Security

Certain features and services offered through the Site may require you to open an account (including setting up an Harbour Hotels user ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Harbour Hotels immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Harbour Hotels or any other user of or visitor to the Site due to someone else using your Harbour Hotels user ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s Harbour Hotels user ID, password or account at any time without the express permission and consent of the holder of that Harbour Hotels user ID, password or account. Harbour Hotels will not be held liable for any losses or damages arising from your failure to comply with these obligations.
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Privacy Policy

Your use of this Site is also subject to our Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others. Even if there is a special notice that a particular transmission for example, credit card information is encrypted.
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Electronic Communications

Visiting our Site or sending emails to the Site constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. This Site does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use this Site only with permission of a parent or guardian.
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Purchases; Other Terms and Conditions

Additional terms and conditions may apply to the purchase of services all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Harbour Hotels’s obligations, if any, with regard to its services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Harbour Hotels may make changes to any Service offered on the Site at anytime without notice. Changes may be subject to (but not limited to) the applicable price, what is included, the process, automatic renewal terms, supporting and related services.
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This Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of this Site and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Site is providing these links to you only as a convenience, and the inclusion of any link does not imply our endorsement of the site or any association with its operators. Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the the Site domain, you hereby acknowledge and consent that this Site may share such information and data with any third party with whom the Site has a contractual relationship to provide the requested product, service or functionality on behalf of our Site’s users and customers.
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Linking to the Site

You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.
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No Unlawful or Prohibited Use

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Site and Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of this Site or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.

The Site content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without our express written permission and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of our Site licensors except as expressly authorized by these Terms.
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Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. We also reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. In addition, we reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at our sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. This Site does not control or endorse the content, messages or information found in any Communication Service and, therefore, we specifically disclaimer any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Site spokespersons, and their views do not necessarily reflect those of the Site. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination.

You are responsible for adhering to such limitations if you upload the materials. Materials provided to the Site or posted on any of the Site’s web pages, we do not claim ownership of the materials you provide to the Site (including feedback and suggestions) or post, upload, input or submit to any of our Site’s or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting us, our affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. This Site is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at our sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
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Third Party Accounts

You will be able to connect your Site’s account and to third party accounts. By connecting your Site’s account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
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International Users

The Service is controlled, operated and administered by this Site is from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Site content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
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Nontransferable

Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
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Errors, Corrections and Changes

We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
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Indemnification

You agree to indemnify, defend and hold harmless this Site’s officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. We reserve the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Site in asserting any available defenses.
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Liability Disclaimer

The information, content and documents from or through the Site are provided “as-is,” “as available,” with “all faults,” and all warranties, express or implied, are disclaimed, including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose. The information and services may contain bugs, errors, problems or other limitations. We have no liability whatsoever for your use of any information or service.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WE AND/OR OUR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. WE AND/OR OUR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE AND/OR OUR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE AND/OR OUR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF US OR ANY OF OUR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

In particular, but not as a limitation thereof, we are not liable for any indirect, special, incidental or consequential damages, including damages for loss of business, loss of profits, litigation, or the like, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation and limitation of damages set forth above are fundamental elements of the basis of the bargain between us and you. This Site and the products, services, documents and information presented would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through the Site or otherwise shall create any warranty, representation or guarantee not expressly stated in this agreement. All responsibility or liability for any damages caused by viruses contained within any electronic file containing a form or document from the Site is disclaimed.
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Limitation of Liability

We shall not be liable for any loss, injury, claim, liability or damage of any kind resulting in any way from (a) any errors in or omissions from the Site, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, or (d) the content contained on the Site; and in no event will our aggregate liability to you exceed $100.
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Termination/Access Restriction

We reserve the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Michigan and you hereby consent to the exclusive jurisdiction and venue of courts in Michigan in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and IWS as a result of this agreement or use of the Site.

Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the Site with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and us with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and us with respect to the Site. 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. It is the express wish to the parties that this agreement and all related documents be written in English.
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Information and Press Releases

The Site may contain information and press releases about us. We disclaim any duty or obligation to update this information or any press releases.
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Feedback and Information

Any feedback you provide with regards to this site shall be deemed to be non-confidential. Harbour Hotels shall be free to use such information on an unrestricted basis.
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Changes to Terms

We reserve the right, in its sole discretion, to change the Terms under which this Site is offered, and we may change these Terms of Use from time to time by updating this page. If we decide to change our Terms of Use, we will post those changes on this page and/or update the modification date below. The most current version will supersede all previous versions. You should check this page periodically to stay updated and ensure that you are happy with any changes. These Terms are effective as of the modified date below, and may be updated at any time and without any further notice and displayed here.

These Terms of Use were last modified on 01/19/2018.
Copyright © 2018 Harbour Hotel Motel Brokers. All Rights Reserved.
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Governing Law; Dispute Resolution

You agree that all matters relating to your access or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Michigan without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Ottawa County, Michigan, and waive any objection to such jurisdiction or venue. The United Nations Convention on Contracts for the International Sale of Goods is excluded and does not apply to this Agreement. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees.

In the event of any controversy or dispute between ABC and you arising out of or in connection with your use of the Site or this agreement, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

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General

This Agreement, the Privacy Policy and Terms of Use constitute the entire agreement between us and you with respect to your use of the Site and supersede all prior or contemporaneous agreements or understandings. Our failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision. If a court should find that one or more provisions contained in this Agreement is invalid, you agree that the remainder of the Agreement shall be enforceable. We shall have the right to assign its rights and/or delegate its obligations under this Agreement, in whole or in part, without restriction. You may not assign your rights or delegate your obligations under this Agreement without our prior written consent.
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Contacting Us

For any questions regarding our Terms of Use, you may contact us at anytime.

Harbour Hotel Motel Brokers
3442 South Lyn Haven Dr, SE
Kentwood, MI 49512
USA
Email: dave@harbourhotels.com
Phone: 231.732.6534
Site: HarbourHotels.com

Legal — Terms of Use

3442 South Lyn Haven Dr, SE
Kentwood, MI 49512

Broker/Owner

David W. Schwandt

231.510.6109 | Cell
David@HarbourHotels.com

Copyright © 2018 Harbour Hotel Motel Brokers. All rights reserved.


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©2018 Harbour Hotel Motel Brokers.
All rights reserved.

Terms of Use | Privacy Policy | Cookies


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