PLEASE READ THIS USER AGREEMENT 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 World Choice Travel and/or its affiliates ("World
Choice Travel") and/or its or their 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 relating to
schedules is the copyrighted work of Official Airline Guides, Inc. 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 World Choice Travel, 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 World Choice, or
such other party that may own the Trademarks. AAA trademarks and service
marks, including AAA and the Diamond Ratings trademarks and service marks
("AAA Marks"), are owned by the American Automobile Association ("AAA"). As
a Travelersnet user, you may view and search the AAA Marks but are
prohibited from using the AAA Marks in any non-Travelersnet application
without first obtaining AAA's consent.
2. USE OF SITE. Travelersnet 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 Travelersnet, 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 shall not use or authorize or permit any third party to use on
your behalf 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
Travelersnet. You shall not utilize any software, application, or algorithm,
whether integrated in a browser or otherwise, that modifies or adds content
to the layout, design, or content of any Travelersnet webpage. 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 Travelersnet deems in its sole discretion to be
unreasonable or disproportionate to the benefits Travelersnet 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. Notwithstanding the
foregoing, if you have been notified by Travelersnet that you are prohibited
from using the site, then you have no license to use the site and any access
by you or on your behalf shall be unauthorized and unlawful. Travelersnet
may provide notice under this or any other section of this agreement via an
email sent to the email address contained in your user profile or otherwise
used to make a booking on this site. Travelersnet reserves the right to
cancel any and all bookings or other transactions you have made on the site
after you have been prohibited from using the site, with no liability
whatsoever to you. If you have a Travelersnet account, you agree to
safeguard your account information and will supervise and be completely
responsible for any use of your account by anyone other than you.
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 Travelersnet 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
Travelersnet and/or its third party providers and distributors in accordance
with the terms of and for the purposes set forth in the Travelersnet Privacy
Policy.
5. REVIEW OF TRANSMISSIONS; SUBMITTED CONTENT. Travelersnet shall have the
right (but not the obligation) to, from time to time monitor and review any
information transmitted or received through this site and reserves the right
to censor, edit, remove or prohibit the transmission or receipt of any
information that Travelersnet deems inappropriate or in violation of these
terms and conditions. These terms and conditions apply to any journals,
recommendations, opinions, news articles, directories, guides, text,
photographs, illustrations, graphics, logos, audio clips and images,
information, data, photographs, software, messages, ideas, comments,
questions, or other materials received by Travelersnet from you
(collectively "Submitted Content"). During monitoring, the Submitted Content
may be examined, recorded or copied, and your use of this site constitutes
your consent to such monitoring and review. You agree that you are
responsible for the Submitted Content, and Travelersnet disclaims any
responsibility and assumes no liability with respect to Submitted Content.
By providing Submitted Content, you warrant that: (a) you are the owner of
such Submitted Content, or have been granted all the rights necessary from
the owner thereof to provide such Submitted Content to Travelersnet and for
the use by Travelersnet and its affiliates as stated herein, and (b) the use
of such Submitted Content by Travelersnet will not infringe the intellectual
property rights of or otherwise violate the rights of any third party. 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 the site. You agree that if you provide Submitted Content,
you grant Travelersnet 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, display, perform, transfer, or sell such Submitted Content in
any form, media or technology for any purpose whatsoever, including, without
limitation, a commercial purpose, without any compensation to you. You agree
that you will not publish, submit, provide, or display such Submitted
Content to or on any other commercial travel-related web-site or on-line
service without Travelersnet's prior written consent, which consent may be
withheld by Travelersnet in its discretion. Consent may be requested by
sending an e-mail to travelersnet@travelersnet.com. You agree that
Travelersnet may choose to provide attribution of Submitted Content provided
by you (for example, showing your name and hometown on a travel review that
you submit) at our discretion, and that such Submitted Content may be shared
with our supplier partners, affiliates, customers and other third parties.
6. EXCLUSION OF WARRANTY.TRAVELERSNET 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. TRAVELERSNET 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 TRAVELERSNET NOR ANY THIRD PARTY PROVIDERS OR
DISTRIBUTORS WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM
TRAVELERSNET 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. TRAVELERSNET 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 TRAVELERSNET 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 TRAVELERSNET OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS,
INCLUDING, BUT NOT LIMITED TO, NON PERFORMANCE RESULTING FROM BANKRUPTCY,
REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION EVEN IF SUCH PARTY
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER
PARTY.
THE CARRIERS, HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES
ON THIS SITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF
TRAVELERSNET. TRAVELERSNET IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS,
REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR
FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR
EXPENSES RESULTING THEREFROM. TRAVELERSNET SHALL HAVE NO LIABILITY AND WILL
MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE,
FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND SHALL HAVE NO
RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR
ACTS OF ANY GOVERNMENT OR AUTHORITY. BY OFFERING FOR SALE TRAVEL TO
PARTICULAR INTERNATIONAL DESTINATIONS, TRAVELERSNET DOES NOT REPRESENT OR
WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT
LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH
DESTINATIONS. IN ADDITION, TRAVELERSNET EXPRESSLY RESERVES THE RIGHT TO
CORRECT ANY PRICING ERRORS (INCLUDING, WITHOUT LIMITATION, TYPOGRAPHICAL OR
DISPLAY ERRORS, INCORRECT SUPPLIER INFORMATION, AND CURRENCY CONVERSION
MISCALCULATIONS) ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN
INCORRECT PRICE. THIS RIGHT APPLIES WHETHER OR NOT THE ORDER HAS BEEN
CONFIRMED AND/OR YOUR CREDIT CARD CHARGED. IN THE EVENT OF A CORRECTION TO A
PENDING RESERVATION, AS YOUR SOLE AND EXCLUSIVE REMEDY WE WILL OFFER YOU THE
OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR, AT
YOUR OPTION, WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY.
If, notwithstanding the foregoing, Travelersnet 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 Travelersnet 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 Travelersnet and without any
liability whatsoever, Travelersnet 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 Travelersnet 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 (including without limitation
any violation by you of this User Agreement).
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 Travelersnet,
its third party providers or distributors of the contents of such other Web
sites. None of Travelersnet 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 Travelersnet 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 Texas, 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 Tarrant county, the
state of Texas, 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 two (2)
years from the date on which such claim or action arose or accrued.
12. ATTORNEY'S FEES. If Travelersnet 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 Travelersnet 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 Travelersnet 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 Travelersnet 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. Travelersnet 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 affect
any right to relief to which Travelersnet 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 Travelersnet 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. Travelersnet 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. You
acknowledge that some third-party providers offering certain services and/or
activities may require you to sign their liability waiver prior to
participating in the service and/or activity they offer. You understand that
if you violate any such supplier's rules and restrictions, it may result in
cancellation of your reservation(s), in your being denied access to the
applicable travel product or services, and in your forfeiting any monies
paid for such reservation(s). Travelersnet may debit your account or charge
you for any costs we incur as a result of such violation.
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.