USER AGREEMENT
PLEASE READ THIS USER
AGREEMENT AND THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS
SITE. Your use of this site is expressly conditioned on your
acceptance of the following terms and conditions. By using this site,
you signify your assent to these terms and conditions. If you do not
agree with any part of the following terms and conditions, you must
not use this site.1. OWNERSHIP. This site, and each of its modules, together
with the arrangement and compilation of the content found on this
site, is the copyrighted property of TravelEASE.com ("TravelEASE.com")
and/or its various third party providers and distributors. Much of the
content found on this site is owned by third party providers and
distributors and, specifically, certain data are copyrighted work of TravelEASE.com and other information providers. In addition, the
trademarks, logos and service marks displayed on this site
(collectively, the "Trademarks") are registered and common
law Trademarks of TravelEASE.com, its affiliates, and various third
parties. Nothing contained on this site should be construed as
granting, by implication, estoppel, or otherwise, any license or right
to use any of the Trademarks without the written permission of TravelEASE.com,
or such other party that may own the Trademarks.
2. USE OF SITE. TravelEASE.com grants you a limited,
non-transferable license to use this site in accordance with the terms
and conditions of this User Agreement. You may only use this site to
make legitimate reservations or purchases and shall not use this site
for any other purposes, including without limitation, to make any
speculative, false or fraudulent reservation or any reservation in
anticipation of demand. This site and the content provided in this
site, including the text, graphics, button icons, audio and video
clips, digital downloads, data compilations and software, may not be
copied, reproduced, republished, uploaded, posted, transmitted or
distributed without the written permission of TravelEASE.com, and/or
its third party providers and distributors, except that you may
download, display and print the materials presented on this site for
your personal, non-commercial use only. You may not use any
"robot," "spider" or other automatic device, or a
program, algorithm or methodology having similar processes or
functionality, or any manual process, to monitor or copy any of the
Web pages, data or content found on this site, in any case without the
prior written permission of TravelEASE.com. You agree that you will
not transmit or otherwise transfer any Web pages, data or content
found on this site to any other computer, server, Web site, or other
medium for mass distribution or for use in any commercial enterprise.
You agree that you will not use any device, software or routine to
interfere or attempt to interfere with the proper working of this
site. You agree that you will not take any action that imposes a
burden or load on our infrastructure that TravelEASE.com deems in its
sole discretion to be unreasonable or disproportionate to the benefits
TravelEASE.com obtains from your use of the site. Unauthorized use of
this site and/or the materials contained on this site may violate
applicable copyright, trademark or other intellectual property laws or
other laws. You must retain all copyright and trademark notices,
including any other proprietary notices, contained in the materials,
and you must not alter, obscure or obliterate any of such notices. The
use of such materials on any other Web site or in any environment of
networked computers is prohibited. You are prohibited from posting or
transmitting any unlawful, threatening, libelous, defamatory, obscene,
indecent, inflammatory, pornographic or profane material or any
material that could constitute or encourage conduct that would be
considered a criminal offense, give rise to civil liability, or
otherwise violate any law. In addition, you are prohibited from
posting or transmitting any information which (a) infringes the rights
of others or violates their privacy or publicity rights, (b) is
protected by copyright, trademark or other proprietary right, unless
with the express written permission of the owner of such right, (c)
contains a virus, bug or other harmful item, or (d) is used to
unlawfully collude against another person in restraint of trade or
competition. You shall be solely liable for any damages resulting from
any infringement of copyright, trademark, or other proprietary right,
or any other harm resulting from your use of this site.
3. AGE AND RESPONSIBILITY. If you use this site, you are
responsible for maintaining the confidentiality of your account
information and your password. You agree to accept responsibility for
all activities that occur under your account or password. You
represent that you are of sufficient legal age to use this site and to
create binding legal obligations for any liability you may incur as a
result of the use of this site. You understand that you are
financially responsible for all uses of this site by you and those
using your login information.
4. PRIVACY. You have read the TravelEASE.com Privacy
Policy, the terms of which are incorporated herein, and agree that the
terms of such policy are reasonable. You consent to the use of your
personal information by TravelEASE.com and/or its third party
providers and distributors in accordance with the terms of and for the
purposes set forth in the TravelEASE.com Privacy Policy.
5. REVIEW OF TRANSMISSIONS. TravelEASE.com may, from time
to time monitor and review any information transmitted or received
through this site and reserves the right to sensor, edit, remove or
prohibit the transmission or receipt of any information that TravelEASE.com
deems inappropriate or in violation of these terms and conditions.
During monitoring, the information may be examined, recorded or
copied, and your use of this site constitutes your consent to such
monitoring and review. You agree that if you submit suggestions,
ideas, comments or questions or post any other information on this
site, you grant TravelEASE.com and its affiliates a worldwide,
non-exclusive, royalty-free, perpetual, irrevocable, and fully
sublicenseable right to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute and display such
content in any form, media or technology. TravelEASE.com takes no
responsibility and assumes no liability for any content posted or
submitted by you.
6. EXCLUSION OF WARRANTY. TravelEASE.COM AND ANY THIRD
PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND
REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF
WHICH ARE PROVIDED ON AN "AS IS" BASIS. TravelEASE.COM AND
ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS DO NOT WARRANT THE
ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT
OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL
WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR
FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER TravelEASE.COM
NOR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS WARRANT THAT THIS SITE,
ITS SERVERS OR ANY E-MAIL SENT FROM TravelEASE.COM ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE
DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT
APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM
STATE TO STATE.
7. LIMITATION OF LIABILITY. TravelEASE.COM 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, USE OF, OR BROWSING IN THIS SITE OR YOUR
DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM
THE SITE. IN NO EVENT SHALL TravelEASE.COM OR ANY THIRD PARTY
PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM,
DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST
PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT
LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY
CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II)
ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR
INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR
TICKETING), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY TravelEASE.COM
OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS, EVEN IF SUCH PARTY HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY
OTHER PARTY.
If, notwithstanding the foregoing, TravelEASE.com or any third party
provider or distributor should be found liable for any loss or damage
which arises out of or is in any way connected with any of the above
described functions or uses of this site or its content, the liability
of TravelEASE.com and the third party providers and distributors
shall in no event exceed, in the aggregate, the greater of (a) the
subscription fee and service charge for accessing this site, or (b)
US$100.00. In its sole discretion, in addition to any other rights or
remedies available to TravelEASE.com and without any liability
whatsoever, TravelEASE.com at any time and without notice may
terminate or restrict your access to any component of this site. Some
states do not allow limitation of liability, so the foregoing
limitation may not apply to you.
8. INDEMNIFICATION. You shall defend and indemnify TravelEASE.com
and any third party providers and distributors and their officers,
directors, employees and agents from and against any claim, cause of
action or demand, including without limitation reasonable legal and
accounting fees, brought by or on your behalf in excess of the
liability described herein or by third parties as a result of your use
of this site.
9. LINKS. This site contains links to other Web sites which
are provided solely as a convenience to you and not as an endorsement
by TravelEASE.com, its third party providers or distributors of the
contents of such other Web sites. None of TravelEASE.com or any third
party provider or distributor shall be responsible for the content of
any other Web sites and make no representation or warranty regarding
any other Web sites or the contents or materials on such Web sites. If
you decide to access other Web sites, you do so at your own risk.
10. RELATIONSHIP. The relationship between TravelEASE.com
and you will be that of independent contractors, and neither of us nor
any of our respective officers, agents or employees will be held or
construed to be partners, joint ventures, fiduciaries, employees or
agents of the other.
11. GOVERNING LAW. This Agreement and its performance shall
be governed by the laws of the state of Florida, United States of
America, without regard to its conflict of laws provisions. You
consent and submit to the exclusive jurisdiction of the state and
federal courts located in Palm Beach county, the state of Florida,
United States of America, in all questions and controversies arising
out of your use of this site and this Agreement. To the extent allowed
by applicable law, any claim or cause of action arising from or
relating to your access or use of this site must be brought within one
(1) year from the date on which such claim or action arose or accrued.
12. ATTORNEY'S FEES. If TravelEASE.com or its affiliates
take any action to enforce this User Agreement and these terms and
conditions, such parties will be entitled to recover from you, and you
agree to pay, all reasonable and necessary attorney's fees and any
cost of litigation, in addition to any other relief, at law or in
equity, to which such parties may be entitled.
13. INJUNCTIVE RELIEF. You acknowledge that a violation or
attempted violation of any of this User Agreement and these terms and
conditions will cause such damage to TravelEASE.com as will be
irreparable, the exact amount of which would be difficult to ascertain
and for which there will be no adequate remedy at law. Accordingly,
you agree that TravelEASE.com shall be entitled as a matter of right
to an injunction issued by any court of competent jurisdiction,
restraining such violation or attempted violation of these terms and
conditions by You, or Your affiliates, partners, or agents, as well as
recover from You any and all costs and expenses sustained or incurred
by TravelEASE.com in obtaining such an injunction, including, without
limitation, reasonable attorney's fees. You agree that no bond or
other security shall be required in connection with such injunction.
14. TERMINATION. TravelEASE.com may terminate this User
Agreement and these terms and conditions and/or the provision of any
of the services at any time for any reason, including any improper use
of this site or your failure to comply with these terms and
conditions. Such termination shall not effect any right to relief to
which TravelEASE.com and its third party providers and distributors
may be entitled, at law or in equity. Upon termination of this User
Agreement and these terms and conditions, all rights granted to you
will terminate and revert to TravelEASE.com and its third party
providers or distributors, as applicable.
15. ASSIGNMENT. You may not assign, convey, subcontract or
delegate your rights, duties or obligations hereunder.
16. MODIFICATION. TravelEASE.com may at any time modify
these terms and conditions and your continued use of this site will be
conditioned upon the terms and conditions in force at the time of your
use.
17. ADDITIONAL TERMS. Additional terms and conditions may
apply to reservations, purchases of goods and services and other uses
of portions of this site, and you agree to abide by such other terms
and conditions.
18. SEVERABILITY. These terms and conditions shall be deemed
severable. In the event that any provision is determined to be
unenforceable or invalid, such provision shall nonetheless be enforced
to the fullest extent permitted by applicable law, and such
determination shall not affect the validity and enforceability of any
other remaining provisions.
19. HEADINGS. The headings used in this User Agreement are
included for convenience only and will not limit or otherwise affect
the terms and conditions herein.
20. ENTIRE AGREEMENT. This User Agreement, together with any
terms and conditions incorporated herein or referred to herein
constitute the entire agreement between us relating to the subject
matter hereof, and supersedes any prior understandings or agreements
(whether oral or written) regarding the subject matter, and may not be
amended or modified except in writing or by making such amendments or
modifications available on this site.
|