Consumer Use of Website Agreement
You agree that this Agreement will apply whenever you use the Website or any service or business offered on the Website. If you do not agree with any of the terms of this Agreement, including any linked documents, do not use the Website.
Vacation Express USA Corp. ["Vacations Express"] reserves the right to make changes to this Agreement at any time, and such changes will be effective immediately upon being posted on the Website. Each time you use the Website, you should review the current terms and conditions of the Agreement and all linked documents. Your continued use of the Website will indicate your acceptance of the current Agreement.
Prohibited UsesVacationexpress.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 Website infrastructure used to provide such content and information, is proprietary to 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. This Website may only be used for lawful purposes. As a condition of your use of the Website, you warrant to Vacation Express that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement.
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 Website without prior written consent.
- Use or access Vacationexpress.com in any way that, in the opinion of Vacation Express, has a negative effect on the performance or function of the Website, 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.
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Website.
- Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website.
- Access data not intended for you or logging onto a server or an account that you are not authorized to access.
- Send unsolicited and unauthorized e mail on behalf of Vacation Express, including promotions and/or advertising of products or services.
- Use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Website.
- Post, transmit, or otherwise make available through or in connection with the Website including: [a] anything that is or may be: threatening, harassing, degrading, hateful, intimidating, defamatory, fraudulent, obscene, indecent, pornographic or otherwise objectionable, or protected by copyright, trade mark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right; [b] any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offence; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking"; or [c] any material, non public information about a company without the proper authorization to do so.
User ID and PasswordAccess to and use of password protected and/or secure areas of the Website is restricted to registered, authorized industry users only. Unauthorized individuals attempting to access these areas of the Website 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.
TerminationVacation 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 Website after such termination, your use shall constitute an act of trespass.
ChangesAny 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.
Intellectual Property RightsAll material contained on the Vacationexpress.com Website, 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 Website 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.
User Generated ContentYour photos, text, graphics, audio, video, location information and comments uploaded or posted in social media platforms are defined as "User Content". By uploading User Content and posting User Content that you have tagged with Vacation Express hashtags to social media platforms, you grant to Vacation Express, its affiliates and its third-party service providers who provide content management services [collectively, the "Licensed Parties"] the worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use your uploaded or Vacation Express-tagged User Content in any manner to be determined in the Licensed Parties' sole discretion, including but not limited to on its webpages, social media pages operated by the Licensed Parties, promotional e-mails and advertisements, and in other marketing, promotional and advertising initiatives, in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever. You grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your User Content.
You hereby represent and warrant that [i] you own all rights in and to your User Content, [ii] if the User Content is subject to third party proprietary rights, you have all necessary licenses, rights, consents, and permissions to publish the User Content you submit and to grant the rights granted herein, including permission from all person[s] appearing in your User Content; [iii] you are not a minor, [iv] you are legally entitled to post the User Content, and the Licensed Parties' use of your User Content as described herein will not violate the rights, including but not limited to copyright, trademark, privacy, publicity or other proprietary rights, of any third party or any law, and [v] the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive. You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties' use of your User Content.
You are solely responsible for any User Content that you submit. You are legally liable for the User Content that you submit including, for example, material protected by copyright, trademark, patent or trade secret law or other proprietary rights laws without permission of the author or owner or subject featured in such submission, or defamatory comments.
The Licensed Parties reserve the right to remove any User Content from their websites, its social media platforms and from any other publication at any time, for any reason.
DisclaimersUser 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 Website for any purpose. Vacation Express does not warrant that the Vacationexpress.com Website will meet all of User's requirements or that performance of the Vacationexpress.com Website will be uninterrupted or error-free including any errors or omissions in the results obtained through use of the Vacationexpress.com Website. If errors and omissions occur, Vacation Express reserves the right to cancel the reservation and refund any monies collected. 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 WEBSITE 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 WEBSITE 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 Website or with the delay or inability to use the Vacationexpress.com Website, or for any information or services offered or available [or not available] through the Vacationexpress.com Website, or otherwise arising out of the utilization of the Vacationexpress.com Website, 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.
IndemnificationUser 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 notify 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 LawThis 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.
WaiverFailure 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.
SeverabilityIf 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 PartiesNo 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 Website.
Entire AgreementThis Agreement represents the entire agreement between User and Vacation Express with respect to the use of the Vacationexpress.com Website. Any rights not expressly granted herein are reserved.
AssignmentUser may not assign its rights or delegate its obligations under this Agreement without Vacation Express' prior written consent.
Vacation Express is registered with the State of Florida as a Seller of Travel. Registration No. ST 22934. State of California Seller of Travel Certificate of Registration #2107538-40.