The Cheap Traveler Web Site
Agreement
The The Cheap Traveler Web
Site (the "Site") is an online
information service provided by The
Cheap Traveler ("The Cheap Traveler
"), subject to your compliance with
the terms and conditions set forth
below. PLEASE READ THIS DOCUMENT
CAREFULLY BEFORE ACCESSING OR USING
THE SITE. BY ACCESSING OR USING THE
SITE, YOU AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS SET FORTH BELOW.
IF YOU DO NOT WISH TO BE BOUND BY
THESE TERMS AND CONDITIONS, YOU MAY
NOT ACCESS OR USE THE SITE. The Cheap
Traveler MAY MODIFY THIS AGREEMENT AT
ANY TIME, AND SUCH MODIFICATIONS
SHALL BE EFFECTIVE IMMEDIATELY UPON
POSTING OF THE MODIFIED AGREEMENT ON
THE SITE. YOU AGREE TO REVIEW THE
AGREEMENT PERIODICALLY TO BE AWARE OF
SUCH MODIFICATIONS AND YOUR CONTINUED
ACCESS OR USE OF THE SITE SHALL BE
DEEMED YOUR CONCLUSIVE ACCEPTANCE OF
THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea
Submissions.
The entire contents of the
Site are protected by international
copyright and trademark laws. The
owner of the copyrights and
trademarks are The Cheap Traveler,
its affiliates or other third party
licensors. YOU MAY NOT MODIFY, COPY,
REPRODUCE, REPUBLISH, UPLOAD, POST,
TRANSMIT, OR DISTRIBUTE, IN ANY
MANNER, THE MATERIAL ON THE SITE,
INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE. You may print and download
portions of material from the
different areas of the Site solely
for your own non-commercial use
provided that you agree not to change
or delete any copyright or
proprietary notices from the
materials. You agree to grant to The
Cheap Traveler a non-exclusive,
royalty-free, worldwide, perpetual
license, with the right to
sub-license, to reproduce,
distribute, transmit, create
derivative works of, publicly display
and publicly perform any materials
and other information (including,
without limitation, ideas contained
therein for new or improved products
and services) you submit to any
public areas of the Site (such as
bulletin boards, forums and
newsgroups) or by e-mail to The Cheap
Traveler by all means and in any
media now known or hereafter
developed. You also grant to The
Cheap Traveler the right to use your
name in connection with the submitted
materials and other information as
well as in connection with all
advertising, marketing and
promotional material related thereto.
You agree that you shall have no
recourse against The Cheap Traveler
for any alleged or actual
infringement or misappropriation of
any proprietary right in your
communications to The Cheap
Traveler.
TRADEMARKS.
Publications, products,
content or services referenced herein
or on the Site are the exclusive
trademarks or servicemarks of The
Cheap Traveler. Other product and
company names mentioned in the Site
may be the trademarks of their
respective owners.
2. Use of the
Site.
You understand that, except
for information, products or services
clearly identified as being supplied
by The Cheap Traveler, The Cheap
Travelerdoes not operate, control or
endorse any information, products or
services on the Internet in any way.
Except for The Cheap Traveler-
identified information, products or
services, all information, products
and services offered through the Site
or on the Internet generally are
offered by third parties, that are
not affiliated with The Cheap
Traveler a. You also understand that
The Cheap Traveler cannot and does
not guarantee or warrant that files
available for downloading through the
Site will be free of infection or
viruses, worms, Trojan horses or
other code that manifest
contaminating or destructive
properties. You are responsible for
implementing sufficient procedures
and checkpoints to satisfy your
particular requirements for accuracy
of data input and output, and for
maintaining a means external to the
Site for the reconstruction of any
lost data.
YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE
OF THE SITE AND THE INTERNET. The
Cheap Traveler PROVIDES THE SITE AND
RELATED INFORMATION "AS IS" AND DOES
NOT MAKE ANY EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR
ENDORSEMENTS WHATSOEVER (INCLUDING
WITHOUT LIMITATION WARRANTIES OF
TITLE OR NONINFRINGEMENT, OR THE
IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE)
WITH REGARD TO THE SERVICE, ANY
MERCHANDISE INFORMATION OR SERVICE
PROVIDED THROUGH THE SERVICE OR ON
THE INTERNET GENERALLY, AND The Cheap
Traveler SHALL NOT BE LIABLE FOR ANY
COST OR DAMAGE ARISING EITHER
DIRECTLY OR INDIRECTLY FROM ANY SUCH
TRANSACTION. IT IS SOLELY YOUR
RESPONSIBILITY TO EVALUATE THE
ACCURACY, COMPLETENESS AND USEFULNESS
OF ALL OPINIONS, ADVICE, SERVICES,
MERCHANDISE AND OTHER INFORMATION
PROVIDED THROUGH THE SERVICE OR ON
THE INTERNET GENERALLY. The Cheap
Traveler DOES NOT WARRANT THAT THE
SERVICE WILL BE UNINTERRUPTED OR
ERROR-FREE OR THAT DEFECTS IN THE
SERVICE WILL BE
CORRECTED.
YOU UNDERSTAND FURTHER THAT
THE PURE NATURE OF THE INTERNET
CONTAINS UNEDITED MATERIALS SOME OF
WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU. YOUR ACCESS TO SUCH
MATERIALS IS AT YOUR RISK. The Cheap
Traveler HAS NO CONTROL OVER AND
ACCEPTS NO RESPONSIBILITY WHATSOEVER
FOR SUCH MATERIALS.
LIMITATION OF
LIABILITY
IN NO EVENT WILL The Cheap Traveler BE
LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, BUSINESS INTERRUPTION,
LOSS OF PROGRAMS OR INFORMATION, AND THE
LIKE) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SERVICE, OR ANY
INFORMATION, OR TRANSACTIONS PROVIDED ON
THE SERVICE, OR DOWNLOADED FROM THE
SERVICE, OR ANY DELAY OF SUCH INFORMATION
OR SERVICE. EVEN IF The Cheap Traveler OR
ITS AUTHORIZED REPRESENTATIVES HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS,
OMISSIONS, OR OTHER INACCURACIES IN THE
SERVICE AND/OR MATERIALS OR INFORMATION
DOWNLOADED THROUGH THE SERVICE. BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IN SUCH STATES, The
Cheap Traveler LIABILITY IS LIMITED TO THE
GREATEST EXTENT PERMITTED BY
LAW.
The Cheap Traveler makes no
representations whatsoever about any
other web site which you may access
through this one or which may link to
this Site. When you access a non-The
Cheap Traveler web site, please
understand that it is independent
from The Cheap Traveler, and that The
Cheap Traveler has no control over
the content on that web site. In
addition, a link to a The Cheap
Traveler web site does not mean that
The Cheap Traveler endorses or
accepts any responsibility for the
content, or the use, of such web
site.
3.
Indemnification.
You agree to indemnify,
defend and hold harmless The Cheap
Traveler, its officers, directors,
employees, agents, licensors,
suppliers and any third party
information providers to the Service
from and against all losses,
expenses, damages and costs,
including reasonable attorneys' fees,
resulting from any violation of this
Agreement (including negligent or
wrongful conduct) by you or any other
person accessing the
Service.
4. Third Party
Rights.
The provisions of paragraphs
2 (Use of the Service), and 3
(Indemnification) are for the benefit
of The Cheap Traveler and its
officers, directors, employees,
agents, licensors, suppliers, and any
third party information providers to
the Service. Each of these
individuals or entities shall have
the right to assert and enforce those
provisions directly against you on
its own behalf.
5.Term;
Termination.
This Agreement may be
terminated by either party without
notice at any time for any reason.
The provisions of paragraphs 1
(Copyright, Licenses and Idea
Submissions), 2 (Use of the Service),
3 (Indemnification), 4 (Third Party
Rights) and 6 (Miscellaneous) shall
survive any termination of this
Agreement.
6.Miscellaneous.
This Agreement shall all be
governed and construed in accordance
with the laws of The United States of
America applicable to agreements made
and to be performed in The United
States of America. You agree that any
legal action or proceeding between
The Cheap Traveler and you for any
purpose concerning this Agreement or
the parties' obligations hereunder
shall be brought exclusively in a
federal or state court of competent
jurisdiction sitting in The United
States of America . Any cause of
action or claim you may have with
respect to the Service must be
commenced within one (1) year after
the claim or cause of action arises
or such claim or cause of action is
barred. The Cheap Traveler's failure
to insist upon or enforce strict
performance of any provision of this
Agreement shall not be construed as a
waiver of any provision or right.
Neither the course of conduct between
the parties nor trade practice shall
act to modify any provision of this
Agreement. The Cheap Traveler may
assign its rights and duties under
this Agreement to any party at any
time without notice to
you.
Any rights not expressly granted
herein are reserved.
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