1. WHAT YOU SHOULD KNOW
The goal of this Web site is to provide You with access to information about travel-related, leisure services and products, and related third-party links, to meet Your needs (the "Content"). The Terms apply to all of Our visitors to this Web site, and Your access to and use of this Web site signifies Your agreement with these Terms. DO NOT USE THIS WEB SITE IF YOU DO NOT AGREE WITH THESE TERMS. We reserve the right, in Our sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications, alterations, and updates shall be effective immediately upon posting. You agree to be bound by such modified, altered, and updated Terms if You access or use this Web site after We have posted notice of such modifications, alterations or updates.
You acknowledge that upon leaving this Web site, by linking to a third party site, any reservation made with such third party site is not a reservation made with Travelport or through the Travelport global distribution system ("GDS"). A reservation made through such a third party site will not qualify as a segment or a booking for purposes of financial assistance under any subscriber agreement You may have with Travelport. Further, any booking You make at any such third party site may entitle You to a commission, as agreed between you and the site, to be paid by the site and not by Travelport. Any such commissions apply only to bookings made through the third party site. Commissions do not apply to any bookings made in the Travelport GDS.
3. USE OF THIS WEB SITE
We control and operate this Web site. All Content on this Web site, including, but not limited to, text, photographs, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by United States and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes). The Content is owned and controlled by Us or Our affiliates, or by third party content providers, merchants, sponsors and licensors (collectively the "Providers") that have licensed their content or the right to market their products and/or services to Us. Trademarks, copyrights or other third-party intellectual property referred to on this Web site are the property of their respective owners, and use on this Web site thereof does not constitute or imply endorsement. Content on this Web site is solely for Your personal, non-commercial use. You agree to abide by all additional copyright notices, information, or restrictions contained in any Content. You may download a single copy of any Content contained on this Web site, solely for Your personal, non-commercial use, consistent with these Terms, provided that You maintain all copyright and other notices contained in such Content.
You may not copy, modify, reproduce, republish, upload, post, transmit, distribute, and/or exploit the Content in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of Us or the Providers. Your modification of the Content, use of the Content on any other Web site or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, without the prior written consent of Us or the Providers, as applicable, violates the intellectual property rights and proprietary rights of the Content owners and is prohibited.
You may not use, on Your Web site or otherwise, any registered or unregistered trademarks, service marks or copyrighted materials appearing on this Web site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame, deep link, or otherwise incorporate into another Web site any of the Content or other materials on this Web site without Our express prior written consent.
Violation of trademark, copyright and other intellectual property laws may result in significant civil liability or criminal penalties under United States and/or worldwide trademark, copyright and other intellectual property laws. You recognize that any reproduction or use of Content, except as authorized by these Terms, is considered intentional infringement.
4. USER'S RESPONSIBILITIES
You warrant and represent to Us that You will not use this Web site for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting of any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. If You violate any of these Terms, Your permission to use this Web site immediately terminates without the necessity of any notice. We retain the right to deny access to anyone at Our discretion for any reason, including for violation of these Terms.
If any of Your information is requested or collected on this Web site, You are solely responsible for Your Information and, in some cases, We may act as a passive conduit for any online distribution and publication of such Information. As used in these Terms, "Information" means information or data that You submit to this Web site, if any is requested or collected, and any information or data that is generated by this Web site as a result of Your use of this Web site.
In the event that You are provided with any User identification numbers or codes (collectively, "ID's"), confirmation numbers, and/or passwords (as applicable) in the use of this Web site: (i) You shall maintain any such User ID's, confirmation numbers, and/or passwords in confidence and You agree not to distribute or disclose the same to third parties; (ii) it will be Your responsibility to notify Us if We need to change or discontinue any such User ID's, confirmation numbers, or passwords; and (iii) it will be Your responsibility to immediately request discontinuation of any such ID, confirmation number, or password upon Your knowledge or belief that any such ID, confirmation number, and/or password is, or may be subject to, a breach of confidentiality. We reserve the right to suspend or terminate Your service or access to this Web site if We believe a breach of these Terms has occurred.
If, at any time in the future, we request or collect Your information, You agree to provide true, accurate, current and complete Information; if You provide any Information that is untrue, inaccurate, not current or incomplete (or We have reasonable grounds to suspect that any Information is untrue, inaccurate, not current or incomplete), We reserve the right to suspend or terminate Your access and activity, and refuse any and all current or future use of this Web site.
5. PROHIBITED ACTIVITIES
You are specifically prohibited from any use of this Web site, and You agree not to use or permit others to use this Web site, for any of the following: (a) taking any action that imposes an unreasonable or disproportionately large load on the Web site's infrastructure, including but not limited to "spam" or other such unsolicited mass e-mailing techniques; (b) disclosing or sharing assigned confirmation numbers and/or passwords, if any, with any unauthorized third parties or using any such assigned confirmation numbers and/or passwords for any unauthorized purpose; (c) attempting to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Web site; (d) uploading, posting, emailing or otherwise transmitting any Information, Content, or proprietary rights that You do not have a right to transmit under any law or under contractual or fiduciary relationships; (e) violating any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; and, (f) using any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy Our Web pages, or the Content without Our prior written permission, provided that generally available third party Web browsers such as Netscape NavigatorŽ and Microsoft Internet ExplorerŽ may be used without such permission.
6. ANY INFORMATION POSTED TO WEB SITE
You acknowledge and agree that We may preserve or disclose any such Information, if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to: (i) comply with law or legal process; (ii) enforce the Terms; (iii) respond to claims that any Information violates the rights of third parties; or (iv) protect the rights, property, or personal safety of Our business, employees, Providers, affiliates, users, and/or the public. You further acknowledge and agree that We may share Information with Our affiliates and/or third parties, including affiliates and/or third parties in other countries.
7. LINKS TO OTHER WEB SITES
8. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, any advertisers found on or through this Web site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings are solely between You and such advertiser. You agree that We (and the Providers) shall neither be responsible nor liable for any loss or damage incurred by You as the result of any such dealings or as the result of the presence of such advertisers on this Web site.
9. NO WARRANTIES
ALL CONTENT, SERVICES, PRODUCTS and related third-party links ON THIS WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL WE, OUR AFFILIATED OR RELATED ENTITIES (INCLUDING PROVIDERS), OR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE, WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY, USEFULNESS, OR CURRENCY OF ANY CONTENT, SERVICES, PRODUCTS, RELATED THIRD PARTY LINKS, AND/OR ANY MERCHANDISE ACQUIRED PURSUANT THERETO.
EXCEPT FOR SUCH CONTENT THAT WE MAY ELECT TO CREATE AND PUBLISH, WE ARE A DISTRIBUTOR AND NOT A PUBLISHER. WE HAVE NO MORE EDITORIAL CONTROL OVER SUCH INFORMATION AND CONTENT THAN DOES A PUBLIC LIBRARY OR NEWSSTAND. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS, OR OTHER INFORMATION EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING IN THE LINKED SITES) ARE THOSE OF THE RESPECTIVE AUTHORS OR DISTRIBUTORS OF SUCH CONTENT.
YOU USE THIS WEB SITE AT YOUR OWN RISK. YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING (INCLUDING WITHOUT LIMITATION YOUR INTERNET CONNECTION) AND REPAIR OR CORRECTION OF YOUR SYSTEM.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, OUR AFFILIATED OR RELATED ENTITIES (INCLUDING PROVIDERS), ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, OR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEB SITE OR ANY CONTENT AND SERVICES RELATED THERETO, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE.
OUR LIABILITY, AND THE LIABILITY OF OUR PROVIDERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO USD$500. Some states do not allow for the limitation of liability, so the foregoing limitation may not apply to You.
BY WAY OF EXAMPLE ONLY, WE AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM: FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF CONTENT, SERVICES, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. MOREOVER, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this Section 10 will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of Us and the Providers, and to all respective officers, directors, employees, representatives, attorneys, and agents.
11. GOVERNING LAW AND JURISDICTION
We operate this Web Site (excluding Linked Sites) from Our offices within the State of Georgia, USA. You agree that these Terms and Your use of the Web Site shall be governed in all respect by the internal substantive laws of the State of Georgia, without regard to conflict of laws provisions and shall not be governed by the United Nations Convention on the International Sale of Goods. You further submit to exclusive jurisdiction and venue in the state and federal courts located in the State of Georgia for all disputes, cases and controversies regarding this Web Site, Your use of this Web Site, and Your relationship with Us. We make no representation that materials on this Web Site are appropriate or available for use in other locations, and accessing them from territories where the Content is illegal is prohibited. Those who choose to access this Web Site from other locations do so at their own risk and are responsible for compliance with local laws, including laws regarding the transmission of technical data exported from the United States or the country in which You reside.
We reserve the right to report any wrongdoing, if and when We become aware of it, to any applicable government agencies. You agree to indemnify, defend and hold Us and the Providers, Our and their officers, directors, employees, affiliates, agents, licensors, and suppliers (including Providers) harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from Your use of this Web site, Your breach of any provision of these Terms and/or any negligent acts, omissions or intentional wrongdoing by You. Any such indemnification shall be conditioned on Our: (a) notifying You in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with You in the defense or settlement thereof; and (c) allowing You to control such defense or settlement. We shall be entitled to participate in such defense at Our own cost and expense.
13. MESSAGE BOARDS
In the event that We provide message boards or discussion forums on this Web site (the "Forums"): (i) You agree to use the Forums only in a noncommercial manner; (ii) You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, advertising, or written solicitation for goods and services; (iii) You agree that any uploaded materials may be republished without compensation to You or any other person or entity; (iv) You waive moral rights in any uploaded materials. We reserve the right to review the content of any messages proposed for any Forums. Although We are not responsible for any such messages, We reserve the right (but not the obligation) to delete, move, reject or edit any messages that We, in our sole discretion, deem abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable. We do not endorse any Information posted on this Web site.
You agree that You must evaluate, and bear all risks and liability associated with, the use of any messages, Information, or Content, including any reliance on the accuracy, completeness, or usefulness of such messages, Information, or Content. In this regard, You acknowledge that the Web site is provided "AS IS," with all faults, and that Your use of the Web site, any Content We create or information submitted to Us by third parties, including without limitation, information in the Forums, and in all other parts of this Web site, is at Your sole risk and liability.
14. OTHER GENERAL PROVISIONS
These Terms are for the benefit of Us and the Providers, Our and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against You on its (or their own) behalf. Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches.
If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only.
You and We are dealing at arms' length, creating a commercial relationship. We are not Your Agent or Your fiduciary.
WE RESERVE ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THESE TERMS.
Effective Date: This document was posted on June 8, 2010.