By registering and/or using The Travel Company Inc.("The Travel Company") Site, You agree (for yourself and on Your company’s behalf) to the following rules and regulations without limitation or qualification (the "Agreement").
The Travel Company may at any time revise this Agreement. You are bound by such revisions and should therefore periodically visit to review the current Agreement. Your continued use of the The Travel Company site shall indicate Your acceptance of the Agreement as amended. This Agreement was last revised July 10, 2005.
1. Use of the The Travel Company Portal
- This Agreement provides You with a personal, revocable, non-exclusive, non-transferable license to use the The Travel Company Site, conditioned on Your continued compliance with this Agreement.
- You agree not to copy, modify, adapt, reproduce, translate, distribute, transmit, reverse engineer, frame, decompile, or dissemble any aspect of the The Travel Company Site (including any prices or service descriptions), with the following exception: You may display, print, and store one electronic copy of content provided by The Travel Company for Your personal use. Actual or attempted unauthorized use of the The Travel Company Site may result in criminal and/or civil prosecution.
You hereby undertake and agree:
- not to pass Your user-ID/password to any third party without written consent from The Travel Company
- not to use The Travel Company for any illegal purpose
- not to make any attempts to access data other than those attributed to Your own account.
2. Use of the The Travel Company Site
- You understand that some information offered through The Travel Company Site is offered by third parties that operate services independently from The Travel Company. You assume total responsibility and risk for Your use of services and the information about them offered through The Travel Company.
3. Change of Information and The Travel Company Portal
- Information on this web site and the web site itself may be changed and updated without prior notice.
4. Intellectual Property Rights
- All textual, graphical and other content created by or for The Travel Company and appearing on this web site is the property of The Travel Company, Inc., 1708 Lovering Avenue, Suite 203B, Wilmington, DE 19806. © 2005 The Travel Company Inc. All rights reserved. The Travel Company also owns a copyright in The Travel Company Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of such content. Republication or citation of any content generated by The Travel Company Site without The Travel Company's written consent is expressly prohibited. This web site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. The Travel Company is a trademark of The Travel Company, Inc.
5. Hyperlinked Web Sites
- The Travel Company makes no warranties or representations whatsoever regarding any other web sites, which You may access through this web site. Third party web sites are independent from The Travel Company, and The Travel Company has no control over the content of such web sites, nor does The Travel Company have any control over the collection of personal information by third party web sites. In addition, a link to a non-Travel Company web site does not mean that The Travel Company endorses or accepts any responsibility for the content or the use of such web site.
7. Received Comments or Suggestions
- Any comments or suggestions sent to The Travel Company become the property of The Travel Company and may be used without limitation.
8. Exclusion of Warranties/Limitation of Liability/Indemnification
- THE TRAVEL COMPANY TRAVEL SITE IS PROVIDED BY THE TRAVEL COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE TRAVEL COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE TRAVEL COMPANY SITE OR THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON THE TRAVEL COMPANY SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE TRAVEL COMPANY SITE IS AT YOUR SOLE RISK.
- TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE TRAVEL COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE TRAVEL COMPANY DOES NOT WARRANT THAT THE TRAVEL COMPANY SITE, ITS SERVERS, OR E-MAIL SENT FROM THE TRAVEL COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IT IS UP TO YOU TO TAKE PRECAUTIONS AGAINST VIRUSES AND OTHER ITEMS OF DESTRUCTIVE NATURE. THE TRAVEL COMPANY ALSO RESERVES THE RIGHT TO ALTER THE CONTENT OF THE TRAVEL COMPANY SITE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR ANY TYPOGRAPHICAL ERRORS THAT MAY APPEAR ON THE SITE OR FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
- TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER THE TRAVEL COMPANY NOR ITS AFFILIATES NOR ANY OF THEIR EMPLOYEES, AGENTS, DIRECTORS, EMPLOYEES, PROPRIETORS, PARTNERS, REPRESENTATIVES, SHAREHOLDERS, SERVANTS, ATTORNEYS, PREDECESSORS, SUCCESSORS AND ASSIGNS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE OF THE SERVICES PROVIDED AT THE SITE) ARISING OUT OF USE OF THE SITE, THE INFORMATION CONTAINED ON THE SITE, OR ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED AT THE SITE (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF THE TRAVEL COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. THE TRAVEL COMPANY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF OR BROWSING OF THE WEB SITE OR YOUR DOWNLOADING OF ANY MATERIAL, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEB SITE. FURTHERMORE, THE TRAVEL COMPANY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER DUE TO ANY THIRD PARTY’S UNAUTHORIZED ACCESS TO THE WEB SITE, PASSWORDS OR DATA OR INFORMATION IN THE WEB SITE.
- SHOULD ANY PORTION OF THE FOREGOING LIMITATION ON LIABILITY BE DEEMED UNENFORCEABLE, IN NO EVENT SHALL THE TRAVEL COMPANY'S AGGREGATE CUMULATIVE LIABILITY IN ANY CIRCUMSTANCES TO THE USER (AND YOUR COMPANY AS APPLICABLE) ARISING OUT OF OR RELATING TO YOUR USE OF THE TRAVEL COMPANY SITE EXCEED $500.
- You agree to reimburse and hold harmless The Travel Company and its affiliates and any of their employees, agents, directors, employees, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors and assigns against any claims arising directly or indirectly from Your use of The Travel Company Site.
- Your right to use The Travel Company Site may be terminated by The Travel Company without notice, and You may stop using The Travel Company Site at any time without notice. Upon termination of this Agreement, Sections 4, 7, 8, 9, and 10 shall survive.
10. Law and Venue
- The Travel Company Site, including this Agreement, shall be governed by, and construed in accordance with, the laws of the State of Delaware (without giving affect to the choice of law principles thereof). Any dispute arising out of or in relation to this web site, including this Agreement, shall be subject to the exclusive jurisdiction of the federal and state courts of Delaware. You agree and consent to the personal jurisdiction in the federal and state courts of Delaware, for any action concerning any dispute arising in connection with this web site or this agreement. You represent that You are using The Travel Company Site at the direction and for the benefit of Your company, and have authority to bind Your company to this Agreement. If any portion of this Agreement is adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and carried into effect.