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TravelingOnline.com Terms, Conditions, And Notices |
This Web site is offered to the user conditioned
on acceptance by the user ("User") without modification
of the terms, conditions, and notices contained herein. By accessing
and using this Web site, the User is deemed to have agreed to
all such terms, conditions, and notices (the "Agreement").
Copyright And Trademark Notices All contents of this Web site are: Copyright © 1996 TravelingOnline.com, Gar Benedick and Paul Picus and/or its suppliers, California, U.S.A. All rights reserved. This Web site is for the User's personal, noncommercial use. User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Web site. TravelingOnline.com, "Take a Vacation
Virtually Anytime", the TravelingOnline.com logo and other
names of TravelingOnline.com referenced herein are trademarks
or registered trademarks of TravelingOnline.com. Other product
and company names mentioned herein may be the trademarks of their
respective owners. Liability Disclaimer THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TRAVELINGONLINE.COM AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME. TRAVELINGONLINE.COM AND/OR ITS SUPPLIERS
MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR
ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES
ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
TRAVELINGONLINE.COM AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE,
PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NONINFRINGEMENT. IN NO EVENT SHALL TRAVELINGONLINE.COM
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR
IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE
DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER
BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN
IF TRAVELINGONLINE.COM AND/OR ANY OF ITS SUPPLIERS HAS 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. Use Of Bulletin Board, Chat Rooms, And Other Communications Forums To the extent that this Web site may contain bulletin boards, chat rooms, or other message or communication facilities ("forums"), the User agrees to use such forums only to send and receive messages and material that are proper and related to the particular forum. By way of example, and not as a limitation, the User agrees that when using a forum, the User shall not:
User agrees to (as available) send and receive electronic mail, engage in conferences and chats, download and upload files, and otherwise use this Web site only as permitted by these terms and conditions, any additional policies or procedures published in this Web site from time to time by TravelingOnline.com, and applicable law. TravelingOnline.com reserves the right for any reason to remove without notice any contents of this Web site received from users, including without limitation bulletin board postings. TravelingOnline.com reserves the right to deny in its sole discretion any user access to this Web site or any portion thereof without notice. TravelingOnline.com reserves the right to edit any notices or postings for clarity and length. The User acknowledges that chats, conferences,
bulletin boards and any other such communications forums hosted
by this Web site are public and not private communications. Further,
the User acknowledges that chats, postings, conferences, and
other communications by other users are not endorsed by TravelingOnline.com,
and such communications shall not be considered reviewed, screened,
or approved by TravelingOnline.com. Links To Third Parties' Web Sites This Web site may contain links and pointers
to Internet sites maintained by third parties. TravelingOnline.com
does not operate or control in any respect any information, products
or services on such third-party sites. Third party links and
pointers are included solely for the convenience of users, and
do not constitute any endorsement by TravelingOnline.com and/or
its suppliers. User assumes sole responsibility for use of third
party links and pointers. Use Of Information The name, address and payment information
(if applicable) that the User provides via this Web site, together
with information regarding the manner in which the User uses
this Web site, will not be processed or disclosed by TravelingOnline.com
except as permitted by these terms and conditions. By being a
user of this Web site, the User agrees that TravelingOnline.com
may share with other parties both aggregate information, individual
information, and locator gathered by TravelingOnline.com in the
course of the User's continuing individual use of this Web site.
"Aggregate information" is information that describes
the habits, usage patterns and/or demographics of users as a
group but does not describe or reveal the identity of any particular
user. "Individual information" is information about
a user that is presented in a form distinguishable from information
relating to other users but not in a form that personally identifies
any user or enables the recipient to communicate directly with
any user. "Locator information" consists of a user's
name, e-mail address, physical address and/or other data about
the user that enables the recipient to personally identify the
user. Any user who does not wish to receive any special offers
or communications from TravelingOnline.com on behalf of suppliers,
or directly from TravelingOnline.com or its affiliates, may so
notify TravelingOnline.com at "contact@TravelingOnline.com".
(Note that a user's election not to receive such information
will not affect the user's receipt of offers and communications
that were processed prior to the users' election.) Locator information
and individual information will be processed and stored by TravelingOnline.com
in the United States and, if the user does not live in the United
States, possibly in the country of residence. Users may contact
TravelingOnline.com to determine whether such information has
been accurately recorded and, if not, to request correction of
any inaccuracies in the information recorded by TravelingOnline.com.
Indemnity As a condition of use of this Web site,
the User agrees to indemnify TravelingOnline.com and its suppliers
from and against any and all liabilities, expenses (including
attorneys' fees) and damages arising out of claims resulting
from User's use of this Web site, including without limitation
any claims alleging facts that if true would constitute a breach
by User of these terms and conditions. Service Contact Contact comments@TravelingOnline.com with
questions or problems with this Web site. Credits All materials , © 1996-1999 by TravelingOnline.com,
Gar Benedick and Paul Picus. All rights reserved. Modification Of These Terms And Conditions TravelingOnline.com reserves the right
to change this Agreement at any time by revising the terms and
conditions herein. User is responsible for regularly reviewing
these terms and conditions. Continued use of this Web site following
any such changes shall constitute the User's acceptance of such
changes. General TravelingOnline.com reserves the right to make any and all changes to this Web site at its sole discretion without notice to the User. TravelingOnline.com reserves the right to deny access to this Web site to anyone at anytime. This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this Web site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control. This Agreement is governed by the laws of the State of California, U.S.A. User consents to the exclusive jurisdiction and venue of courts in Orange County, California, U.S.A. in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. User acknowledges that no joint venture, partnership, employment, or agency relationship exists between the User and TravelingOnline.com as a result of this Agreement or use of this Web site. User agrees not to hold himself or herself out as a representative, agent, or employee of TravelingOnline.com and TravelingOnline.com shall not be liable for any representation, act or omission of the User. TravelingOnline.com's performance of this Agreement is subject to existing laws and legal process and nothing contained in this Agreement is in derogation of TravelingOnline.com's right to comply with law enforcement requests or requirements relating to the User's use of this Web site or information provided to or gathered by TravelingOnline.com 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. This Agreement constitutes the entire agreement between the User and TravelingOnline.com with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and TravelingOnline.com with respect to this Web site. A printed version of this Agreement and of any notice given in electronic form will 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. Any rights not expressly granted herein
are reserved. |
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