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, RealtyLancer 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 attorney’s 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 owner’s 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.
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