AGREEMENT BETWEEN CUSTOMER AND
1st Herndon Hotels / E-Partners Agency SPRL
This Web site is offered to you, the customer, conditioned on your
acceptance without modification of the terms, conditions, and notices
contained herein. Your use of this Web site constitutes your agreement
to all such terms, conditions, and notices.
PERSONAL AND NONCOMMERCIAL USE LIMITATION
This Web site is for your personal and noncommercial use. You may
not modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell
any information, software, products, or services obtained from this
Web site.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Web site are: ©2001 1st Herndon Hotels / E-Partners Agency SPRL. All rights reserved. 1st Herndon Hotels
/ E-Partners Agency SPRL is either a registered trademark or trademark of 1st Herndon Hotels / E-Partners Agency SPRL.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON
THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. 1st Herndon Hotels / E-Partners Agency SPRL MAY MAKE IMPROVEMENTS AND/OR CHANGES
ON THIS WEB SITE AT ANY TIME.
1st Herndon Hotels / E-Partners Agency SPRL, ITS AFFILIATES, AND/OR THEIR
RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY
OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON
THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF
ANY KIND. 1st Herndon Hotels / E-Partners Agency SPRL, ITS AFFILIATES,
AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
IN NO EVENT SHALL 1st Herndon Hotels / E-Partners Agency SPRL, ITS AFFILIATES,
AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING
OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEB SITE OR
WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED
ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF 1st Herndon Hotels / E-Partners Agency SPRL, ITS AFFILIATES, AND/OR THEIR RESPECTIVE
SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Web site, you warrant that you
will not use this Web site for any purpose that is unlawful or prohibited
by these terms, conditions, and notices.
LINKS TO THIRD-PARTY SITES
This Web site may contain hyperlinks to Web sites operated by parties
other than 1st Herndon Hotels / E-Partners Agency SPRL. Such hyperlinks
are provided for your reference only. 1st Herndon Hotels /
E-Partners Agency SPRL does not control such Web sites and is not responsible
for their contents. 1st Herndon Hotels / E-Partners Agency SPRL's inclusion
of hyperlinks to such Web sites does not imply any endorsement of
the material on such Web sites or any association with their operators.
USE OF BULLETIN BOARD, CHAT ROOMS, AND OTHER COMMUNICATIONS
FORUMS
If this Web site contains bulletin boards, chat rooms, or other
message or communication facilities (collectively "Forums"),
you agree to use the Forums only to send and receive messages and
material that are proper and related to the particular Forum. By
way of example, and not as a limitation, you agree that when using
a Forum, you shall not do any of the following:
Defame, abuse, harass, stalk, threaten, or otherwise violate the
legal rights (such as rights of privacy and publicity) of others.
Publish, post, distribute, or disseminate any defamatory, infringing,
obscene, indecent, or unlawful material or information.
Upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy and publicity)
unless you own or control the rights thereto or have received all
necessary consents.
Upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another's
computer.
Delete any author attributions, legal notices, or proprietary designations
or labels in any file that is uploaded.
Falsify the origin or source of software or other material contained
in a file that is uploaded.
Advertise or offer to sell any goods or services, or conduct or
forward surveys, contests, or chain letters.
Download any fileposted by another user of a Forumthat
you know, or reasonably should know, cannot be legally distributed
in such manner.
You acknowledge that all Forums are public and not private communications.
Further, you acknowledge that chats, postings, conferences, and
other communications by other users are not endorsed by 1st Herndon Hotels / E-Partners Agency SPRL or its affiliates, and such communications
shall not be considered reviewed, screened, or approved by 1st Herndon Hotels / E-Partners Agency SPRL or its affiliates. 1st Herndon Hotels / E-Partners Agency SPRL reserves the right for any reason to remove,
without notice, any contents of the Forums received from users,
including, without limitation, bulletin board postings. 1st Herndon Hotels / E-Partners Agency SPRL reserves the right to deny in its
sole discretion any user access to this Web site or any portion
thereof without notice.
SOFTWARE AVAILABLE ON THIS WEB SITE
Any software that is made available to download from this Web site
("Software") is the copyrighted work of 1st Herndon Hotels / E-Partners Agency SPRL. Your use of the Software is governed by the
terms of the end user license agreement, if any, which accompanies,
or is included with, the Software ("License Agreement").
You may not install or use any Software that is accompanied by or
includes a License Agreement unless you first agree to the License
Agreement terms.
For any Software not accompanied by a License Agreement, 1st Herndon Hotels / E-Partners Agency SPRL hereby grants to you, the user, a
personal, nontransferable license to use the Software for viewing
and otherwise using this Web site in accordance with these terms
and conditions and for no other purpose.
Please note that all Software, including, without limitation, all
HTML code and Active X controls contained on this Web site, is owned
by 1st Herndon Hotels / E-Partners Agency SPRL and is protected by copyright
laws and international treaty provisions. Any reproduction or redistribution
of the Software is expressly prohibited by law, and may result in
severe civil and criminal penalties. Violators will be prosecuted
to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE
SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION
OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTEED,
IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
You acknowledge that the Software and any accompanying documentation
and/or technical information are subject to applicable export control
laws and regulations of the USA. You agree not to export or reexport
the Software, directly or indirectly, to any countries that are
subject to USA export restrictions.
MODIFICATION OF THESE TERMS AND CONDITIONS
1st Herndon Hotels / E-Partners Agency SPRL reserves the right to change
the terms, conditions, and notices under which this Web site is
offered.
GENERAL
This agreement is governed by the laws of Belgium, Europe. You
hereby consent to the exclusive jurisdiction and venue of courts
in Belgium, Europe. In all disputes arising out of or relating to
the use of this Web site. Use of this Web site is unauthorized in
any jurisdiction that does not give effect to all provisions of
these terms and conditions, including, without limitation, this
paragraph.
You agree that no joint venture, partnership, employment, or agency
relationship exists between you and 1st Herndon Hotels / E-Partners Agency SPRL
as a result of this agreement or use of this Web site.
1st Herndon Hotels / E-Partners Agency SPRLs performance of this
agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of 1st Herndon Hotels / E-Partners Agency SPRL's right to comply with law enforcement requests
or requirements relating to your use of this Web site or information
provided to or gathered by 1st Herndon Hotels / E-Partners Agency SPRL
with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by
a valid, enforceable provision that most closely matches the intent
of the original provision and the remainder of the agreement shall
continue in effect.
This agreement constitutes the entire agreement between the customer
and 1st Herndon Hotels / E-Partners Agency SPRL with respect to this Web
site and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral, or written, between the
customer and 1st Herndon Hotels / E-Partners Agency SPRL with respect
to this Web site. A printed version of this agreement and of any
notice given in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to this agreement
to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed
form.
Fictitious names of companies, products, people, characters, and/or
data mentioned herein are not intended to represent any real individual,
company, product, or event.
Any rights not expressly granted herein are reserved.
USE OF 1st Herndon Hotels / E-Partners Agency SPRL
The 1st Herndon Hotels / E-Partners Agency SPRL Travel Agent feature
of this Web site is provided solely to assist customers in determining
the availability of travel-related goods and services and to make
legitimate reservations or otherwise transact business with suppliers,
and for no other purposes. You warrant that you are at least 18
years of age and possess the legal authority to enter into this
agreement and to use this Web site in accordance with all terms
and conditions herein. You agree to be financially responsible for
all of your use of this Web site (as well as for use of your account
by others, including, without limitation, minors living with you).
You agree to supervise all usage of this Web site by minors under
your name or account. You also warrant that all information supplied
by you or members of your household in using this Web site is true
and accurate. Without limitation, any speculative, false, or fraudulent
reservation or any reservation in anticipation of demand is prohibited.
You agree that the travel services reservations facilities of this
Web site shall be used only to make legitimate reservations or purchases
for you or for another person for whom you are legally authorized
to act. You understand that overuse or abuse of the travel services
reservation facilities of this Web site may result in you being
denied access to such facilities.
Separate terms and conditions will apply to your reservation and
purchase of travel-related goods and services that you select. You
agree to abide by the terms or conditions of purchase imposed by
any supplier with whom you elect to deal, including, but not limited
to, payment of all amounts when due and compliance with all rules
and restrictions regarding availability of fares, products, or services.
You shall be completely responsible for all charges, fees, duties,
taxes, and assessments arising out of the use of this Web site.
©2003 1st Herndon Hotels / E-Partners Agency SPRL. All rights
reserved.
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