Vacation Express Terms of Site Use
January 2008
User Agreement
Vacationexpress.com is intended exclusively for your personal and non-commercial use. The content and data (including information relating to the pricing and availability of travel), as well as the web site infrastructure used to provide such content and information, is proprietary to Vacation Acquisition, LLC d/b/a Vacation Express. As a condition of using Vacationexpress.com, you agree not to use its contents or information for any commercial or non-personal purpose. Unless otherwise agreed upon, in writing, by Vacation Express, you may not commit any of the following acts either directly or indirectly:
• Use any automatic device or manual process to copy or monitor content of the site without prior written consent
• Use Vacationexpress.com to make illegitimate or illegal reservations or purchases
• Use or access Vacationexpress.com in any way that, in the opinion of Vacation Express, has a negative affect on the performance or function of the site, or any other computer systems or networks used by Vacation Express
• Attempt to upload or transmit to Vacationexpress.com or use any device, software or routine that contains malicious computer programming routines that are intended to damage, interfere or attempt to interfere with, intercept, the normal operation of Vacationexpress.com, or take any action that imposes an unreasonable load on our computer equipment.
User ID and Password
Access to and use of password protected and/or secure areas of the Site is restricted to registered, authorized industry users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution. To become registered, you are required to answer a limited number of mandatory questions. By submitting information, you guarantee that all information you supply to us is true and accurate.
Termination
Vacation Express, at our sole discretion, may terminate or restrict your access to all or any component of Vacationexpress.com at any time, regardless of whether or not access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of Vacationexpress.com. If you continue to access the Site after such termination, your use shall constitute an act of trespass.
Changes
Any cosmetic or functional part of Vacationexpress.com may be changed, supplemented, deleted, updated, discontinued, suspended, or modified at any time, and without prior notice to you.
Privacy and Security
Our Privacy Policy covers use of information collected on Vacationexpress.com. You agree that you have read our Privacy Policy, and it is reasonable and acceptable to you. Your acceptance of these Terms is also your consent to the information practices in our Privacy Policy.
Intellectual Property Rights
All material contained on the Vacationexpress.com Site, unless otherwise indicated, is protected by law including, but not limited to, copyright and trademark law, as well as other state, national, and international laws and regulations. User acknowledges that all right, title and interest in and to the Vacationexpress.com Site and any and all intellectual property rights associated therewith are exclusively owned by Vacation Express. User will not contest the validity of any trademark or Vacation Express’ exclusive ownership of it.
Disclaimers
User assumes the sole risk of making use of and/or relying on the information or services, made available by Vacation Express. Vacation Express makes no representations about the suitability, completeness, timeliness, reliability, or accuracy of the information or services described or provided by the Vacationexpress.com Site for any purpose. Vacation Express does not warrant that the Vacationexpress.com Site will meet all of User’s requirements or that performance of the Vacationexpress.com Site will be uninterrupted or error-free including any errors or omissions in the results obtained through use of the Vacationexpress.com Site. All such information or services are provided “as is” without warranty of any kind, including all implied warranties and conditions or merchantability, fitness for a particular purpose, title, and non-infringement.
LIABILITY DISCLAIMER:
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, VACATION EXPRESS DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE HOTEL, AIR, CRUISE, CAR AND OTHER TRAVEL PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, PHOTOGRAPHS, LIST OF HOTEL AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. HOTEL RATINGS DISPLAYED ON THIS WEBSITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND VACATION EXPRESS DOES NOT GUARANTEE THE ACCURACY OF THE RATINGS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VACATION EXPRESS AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEB SITE AT ANY TIME, FOR ANY REASON.
In no event shall Vacation Express be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of the Vacationexpress.com Site or with the delay or inability to use the Vacationexpress.com Site, or for any information or services offered or available (or not available) through the Vacationexpress.com Site, or otherwise arising out of the utilization of the Vacationexpress.com Site, whether based in contract, tort, strict liability, or otherwise, even if Vacation Express has been advised of the possibility of damages.
In the event that the foregoing
limitations are not enforceable, Vacation Express’ liability incurred in connection with this agreement shall not exceed the amount of payments received by Vacation Express from User.
Indemnification
User shall defend, hold harmless and indemnify Vacation Express for any damages awarded pursuant to any third party claim brought against Vacation Express and its affiliates and all of their directors, officers, employees, secondees, legal representatives, contractors, and agents (collectively “Indemnified Parties”), which would constitute a breach of any warranty, representation or covenant made by User under this Agreement; provided that the Indemnified Parties notifies User in writing of any such claim and tenders the control of the defense and settlement of any such claim to User at User’s expense and with User’s choice of counsel. The Indemnified Parties shall cooperate with User, at User’s expense, in defending or settling such claim. User will not enter into any settlement or compromise of any such claim without the Indemnified Parties’ prior consent, which shall not be unreasonably withheld.
Governing Law
This Agreement has been made in and will be construed and enforced in accordance with Georgia law. Any action will be brought in the courts of DeKalb County, Georgia, and all parties to this Agreement expressly agree to be subject to the jurisdiction of such courts.
Waiver
Failure to insist on strict performance of any of the terms and conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by Vacation Express of any right under these terms and conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
Severability
If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these terms and conditions shall continue in effect.
Relationship Between the Parties
No joint venture, partnership, employment, franchise, or agency relationship exists between User and Vacation Express as a result of this Agreement or User’s utilization of the Vacationexpress.com Site.
Entire Agreement
This agreement represents the entire agreement between User and Vacation Express with respect to the use of the Vacationexpress.com Site. Any rights not expressly granted herein are reserved.
Assignment
User may not assign its rights or delegate its obligations under this Agreement without Vacation Express’ prior written consent.
Notices
Any notice or other communication hereunder shall be in writing and shall be deemed given and effective (i) when delivered personally, or by overnight express, or (ii) five (5) business days after the postmark date if mailed by certified or registered mail, postage prepaid, return receipt requested, addressed to a party as follows, or to such other address as such party may designate by written notice to the other party in accordance with the provisions of this section.
If to Company, the notice shall be addressed to:
VACATION EXPRESS
3495 Piedmont Road
Bldg. 11; Suite 400
Atlanta, Georgia 30305
Attention: General Counsel
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