|
Terms of Use Agreement
Welcome to our site. We maintain this web site as a service
to our customers. By using our site, you are
agreeing to comply with and be bound by the
following terms of use. Please review the following
terms carefully. If you do not agree to these terms,
you should not review information or obtain goods or
products from this site.
1. Acceptance of Agreement. You agree to the terms and
conditions outlined in this Terms of Use Agreement
(Agreement) with respect to our site (the
Site). This Agreement constitutes the entire
and only agreement between us and you, and
supersedes all prior or contemporaneous agreements,
representations, warranties and understandings with
respect to the Site, the content, products or
services provided by or through the Site, and the
subject matter of this Agreement. This Agreement may
be amended at any time by us from time to time
without specific notice to you. The latest Agreement
will be posted on the Site, and you should review
this Agreement prior to using the Site.
2. Copyright. The content, organization, graphics, design,
compilation, magnetic translation, digital
conversion and other matters related to the Site are
protected under applicable copyrights, trademarks
and other proprietary (including but not limited to
intellectual property) rights. The copying,
redistribution, use or publication by you of any
such matters or any part of the Site, except as
allowed by Section 4, is strictly prohibited. You do
not acquire ownership rights to any content,
document or other materials viewed through the Site.
The posting of information or materials on the Site
does not constitute a waiver of any right in such
information and materials.
3. Trademarks. Travelegia, BnBstar, and others are either
trademarks or registered trademarks of Travelegia,
Ltd. Other product and company names mentioned on
the Site may be trademarks of their respective
owners.
4. Limited Right to Use. The viewing, printing or downloading
of any content, graphic, form or document from the
Site grants you only a limited, nonexclusive license
for use solely by you for your own personal use and
not for republication, distribution, assignment,
sublicense, sale, preparation of derivative works or
other use. No part of any content, form or document
may be reproduced in any form or incorporated into
any information retrieval system, electronic or
mechanical, other than for your personal use (but
not for resale or redistribution).
5. Editing, Deleting and Modification. We reserve the right
in our sole discretion to edit or delete any
documents, information or other content appearing on
the Site.
6. Indemnification. You agree to indemnify, defend and hold
us and our partners, attorneys, staff and affiliates
(collectively, Affiliated Parties) harmless
from any liability, loss, claim and expense,
including reasonable attorneys fees, related to
your violation of this Agreement or use of the Site.
7. Nontransferable. Your right to use the Site is not
transferable. Any password or right given to you to
obtain information or documents is not transferable.
8. Disclaimer and Limits. THE INFORMATION FROM OR THROUGH THE
SITE ARE PROVIDED AS-IS, AS AVAILABLE,
AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE
DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE
DISCLAIMER OF ANY IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN
BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND
OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER
FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN
PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND
OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS,
LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER
BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH
ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE
BARGAIN BETWEEN US AND YOU. THIS SITE AND THE
INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH
LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE
SHALL CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES
CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC
FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED.
WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT
MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE.
OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE
EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR
INFORMATION.
9. Use of Information. We reserve the right, and you
authorize us, to the use and assignment of all
information regarding Site uses by you and all
information provided by you in any manner consistent
with our Privacy Policy.
10. Third-Party Services. We allow access to or advertise
third-party merchant sites (Merchants) from
which you may purchase certain goods or services.
You understand that we do not operate or control the
products or services offered by Merchants. Merchants
are responsible for all aspects of order processing,
fulfillment, billing and customer service. We are
not a party to the transactions entered into between
you and Merchants. You agree that use of such
Merchants is AT YOUR SOLE RISK AND IS WITHOUT
WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR
OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR
PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER
NO
CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE
TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY
INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO
OUR SITE.
11. Third-Party Merchant Policies. All rules, policies
(including privacy policies) and operating
procedures of Merchants will apply to you while on
such sites. We are not responsible for information
provided by you to Merchants. We and the Merchants
are independent contractors and neither party has
authority to make any representations or commitments
on behalf of the other.
12. Privacy Policy. Our Privacy Policy, as it may change from
time to time, is a part of this Agreement.
13. Payments. You represent and warrant that if you are
purchasing something from us or from Merchants that
(i) any credit information you supply is true and
complete, (ii) charges incurred by you will be
honored by your credit card company, and (iii) you
will pay the charges incurred by you at the posted
prices, including any applicable taxes.
14. Links to other Web Sites. The Site contains links to
other Web sites. We are not responsible for the
content, accuracy or opinions express in such Web
sites, and such
Web sites are not investigated, monitored or checked for accuracy
or completeness by us.
Inclusion of any linked Web site on our Site does not imply
approval or endorsement of the linked Web site by
us. If you decide to leave our Site and access these
third-party sites, you do so at your own risk.
15. Copyrights and Copyright Agents. We respect the
intellectual property of others, and we ask you to
do the same. If you believe that your work has been
copied in a way that constitutes copyright
infringement, please provide us the following
information:
(a) An electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright
interest;
(b) A description of the copyrighted work that you claim has been
infringed;
(c) A description of where the material that you claim is
infringing is located on the Site;
(d) Your address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright
owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the
above information in your Notice is accurate and
that you are the copyright owner or authorized to
act on the copyright owners behalf.
16. Information and Press Releases. The Site contains
information and press releases about us. While this
information was believed to be accurate as of the
date prepared, we disclaim any duty or obligation to
update this information or any press releases.
Information about companies other than ours contained in the press
release or otherwise, should not be relied upon as
being provided or endorsed by us.
17. Miscellaneous. This Agreement shall be governed by and
construed in accordance with the laws of the State
of Maryland (without regard to conflict of law
principles). Any cause of action by you with respect
to the Site (and/or any information, products or
services related thereto) must be instituted within
one (1) year after the cause of action arose or be
forever waived and barred. All actions shall be
subject to the limitations set forth in Section 8
and Section 10. The language in this Agreement shall
be interpreted as to its fair meaning and not
strictly for or against either party. All legal
proceedings arising out of or in connection with
this Agreement shall be brought solely in Bethesda,
MD. You expressly submit to the exclusive
jurisdiction of said courts and consents to
extra-territorial service of process.
Should any part of this Agreement be held invalid or unenforceable,
that portion shall be construed consistent with
applicable law and the remaining portions shall
remain in full force and effect. To the extent that
anything in or associated with the Site is in
conflict or inconsistent with this Agreement, this
Agreement shall take precedence. Our failure to
enforce any provision of this Agreement shall not be
deemed a waiver of such provision nor of the right
to enforce such provision.
|