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This site has security measures
in place to protect against the loss, misuse and alteration
of the information under our control. The Secure Sockets
Layer (SSL) software in use on our secured web servers
is the industry standard for secure commerce transactions.
When accessing one of our secured web pages
you will see the key in the bottom corner of your web
browser will be locked. All information you submit from
our secured web pages will be encrypted so that it cannot
be read as the information travels over the Internet
to our secured web servers. Gullivers Website Reservations
believes that your personal information deserves protection.
If you want to make a reservation you will need to provide
your contact and credit card information Thank you for
taking the time to review these policies which are for
your convenience and safety. If you have any questions
about this Privacy Policy, the practices of this site,
or your dealings with this web site, you can contact
GTA either by telephone or via email.
Does Gullivers Travel Reservations disclose personal
customer information to third parties?
We DO NOT and WILL NOT sell or rent users specific personal information to third-party companies.
Cookies are used only to allow the site to welcome you back should you visit the site again and
to set your chosen site parameters as they were on your
last visit. We do not use cookies to collect any information
other than just described.
If you send us an electronic mail message with a question
or comment that contains personally identifying information,
or fill out a form that e-mails us this information,
we will only use the personally-identifiable information
to respond to your request and analyze trends. If you
enter contact information in the course of ordering
items from the site this information will only be sent
to those parties requiring it for delivery. For site
management functions, information is collected for analysis
and statistical purposes. This information is not reported
or used in any manner that would reveal personally identifiable
information, and will not be released to any outside
parties unless legally required to do so in connection
with law enforcement investigations or other legal proceedings.
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| Site
Usage and Information Agreement |
| IMPORTANT! THIS IS A BINDING LEGAL AGREEMENT |
| PLEASE
READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE
USING THIS SITE. By using, viewing, transmitting, storing and/or otherwise utilizing the Site,
the services or functions offered in or by the Site and/or
the contents of the Site in any way, you have agreed to
all of the terms and conditions set forth below,
and waive any right to claim ambiguity or error in this
Agreement. If you do not
agree to all of these terms and conditions please
do not use the Site and leave the Site immediately.
We reserve the right, at our sole and absolute discretion,
to change, modify, add, or remove portions of these terms
at any time without notice and, unless otherwise indicated,
such changes will become effective immediately; therefore,
please check these terms periodically for changes. Your
continued use of the Site following the posting of changes
to this Agreement will mean you accept those changes.
Please print and retain a copy of this Agreement, as it
may be changed from time to time. |
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| ELIGIBILITY |
The Site is available only to individuals
and entities that can form legally binding contracts under
applicable law. Without limiting the foregoing, the Site
and the services offered by the Site are not available
to minors. If you do not qualify, click
here to leave the Site and do not use the Site.
The Site and the materials located in or through the Site
are provided by us for informational purposes only, with
the understanding that we are by the provision of these
materials not engaged in the rendering of legal or other
professional advice or service. The information contained
in or through the Site is based upon sources believed
to be accurate and reliable; and we have exercised reasonable
care to ensure the accuracy of the information. However,
we make no representation or warranty as to such accuracy.
These materials were prepared for us by personnel of our
owned and managed hotels and others. They are made available
to franchisees and others as an accommodation only. Franchisees
and others retain ultimate control over the policies and
procedures that they choose to implement at their hotel.
By providing these materials, we do not intend to exercise
any direction, oversight or control over those policies
and procedures. For all of the above reasons, you should
consult your own attorney or other appropriate professional
for advice concerning the terms and conditions of this
Agreement and/or compliance with any legal requirement. |
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| RESTRICTIONS
ON USE OF MATERIALS |
All materials contained in the Site
are the copyrighted property of ATT, or its subsidiaries
or affiliated companies and/or third party licensors.
No material from the Site or any Internet site owned,
operated, licensed, or controlled by us or our affiliates
may be copied, reproduced, republished, uploaded, posted,
transmitted, or distributed in any way. For purposes of
these terms, the use of any such material on any other
Web, Internet, intranet, extranet or other site or computer
environment is prohibited. All trademarks, service marks,
trade names and trade dress are proprietary to us. You
may not frame or utilize framing techniques to enclose
any of our trademarks, logos, or other proprietary information
(including images, text, page layout, or form) without
our prior express written consent. You may not use any
meta tags or any other "hidden text" utilizing
our name, trademarks or other proprietary information
without our prior express written consent.
Unless indicated otherwise, all names, logos, trademarks,
service marks, trade dress and trade names are proprietary
to GTA(Gullivers Travel), a subsidiary of ATT. in the
United States and other countries and may not be used
by anyone for any purpose without our prior express written
consent. We consider our trademarks to be valuable assets,
and take infringement of them seriously.
In the event you download software from the Site, the
software, including any files, images incorporated in
or generated by the software, and data accompanying the
software (collectively, the "Software") are
licensed to you by us or third party licensors for your
use in connection with the Site only. We do not transfer
title to the Software to you. You own the medium on which
the Software is recorded, but we (or third party licensors)
retain full and complete title to the Software and all
intellectual property rights therein. You may not redistribute,
sell, de-compile, reverse engineer, disassemble, or otherwise
reduce the Software to a human-readable form. |
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| TYPE
AND USE OF INFORMATION COLLECTED |
We automatically track, collect
and compile User Information and Transaction Data (as
defined below) when you utilize the Site. For purposes
of this Agreement, the terms "User Information"
and "Transaction Data" shall have the meanings
set forth below and shall sometimes hereinafter be referred
to collectively as the "Information":
(i) "User Information" shall mean information
or data, including registration, enrollment and profile
data provided by or obtained in connection with users
prior to or after the date you accept the terms of this
Agreement (the "Acceptance Date"), that identifies
users of the Site.
(ii) "Transaction Data" shall mean information
and data characterizing, describing, relating to, or comprising
use of, including transactions (e.g., the sale and purchase
of goods and services) conducted in whole or in part over
or through use of the Site, whether such transaction was
completed prior to or after the Acceptance Date, including,
without limitation, User Information relating to parties
to any such transactions.
We also automatically track and collect your IP address,
domain server, the type of computer and type of web browser
you are using and use "cookies" to customize
content specific to your interests. For more information
about "cookies", please click
here. [See Attachment 1]
You agree that ATT shall own all Information.
By accessing the Site, you voluntarily, expressly and
knowingly acknowledge and agree with all of the foregoing
and further agree to each and all of the following: (i)
such Information belongs to ATT and is not personal or
private proprietary information; (ii) such Information,
wherever collected, may be processed, used, reproduced,
modified, adapted, translated, used to create derivative
works, shared, published and distributed by ATT in its
sole and absolute discretion in any media and manner irrevocably
in perpetuity in any location throughout the universe
without royalty or payment of any kind, without, however,
any obligation by ATT to do so; (iii) ATT does not represent,
warrant, or guaranty the Information or its processing,
use, reproduction, modification, adaptation, translation,
derivation, sharing, publishing or distribution, including
without limitation the accuracy, reliability, security,
or any other feature relating thereto or its processing,
use, reproduction, modification, adaptation, translation,
derivation, sharing, publishing or distribution; (iv)
ATT will try to provide you a way to review, correct or
update the User Information you give ATT directly, but
cannot guaranty that such will be possible or that changes
will be reflected throughout all uses of such Information;
and (v) you represent and warrant that you have the right
to give such Information to ATT and that such Information
is not libelous, defamatory, obscene, pornographic, threatening,
invasive of privacy or publicity rights, abusive, illegal,
or otherwise objectionable that would constitute or encourage
a criminal offense, violate the rights of any party, or
otherwise give rise to liability or violate any law.
You hereby represent and warrant to ATT that there are
no agreements, either written or oral, between you and
any party in which you grant or are granted exclusive
ownership rights in and to the Information nor are there
any agreements, either oral or written, between you and
any party that would prohibit ATT from asserting the ownership
rights, or impair in any way ATT's ownership rights, in
and to the Information as contemplated by this Agreement.
Facts relating to use of the Site, and any information
(including the Information) submitted in connection with
your use of the Site, are not confidential or private.
Please note that when you use the Site, you are agreeing
to the use of certain information about such use. Also,
when you submit information (including the Information)
to us in your use of the Site, you thereby (i) represent
and warrant that such information is complete, truthful,
and accurate, that you own all rights in such information,
that the information, if applicable, is entirely your
own original, unpublished work, is not based in whole
or in part upon any pre-existing work or work of any other
person, does not violate or infringe in any way any copyright,
trademark, trade name, service mark or any other statutory,
common law or other proprietary or personal right or interest,
is not abusive, obscene, profane, sexually explicit, threatening
or illegal, and you agree to indemnify, defend and hold
the Indemnified Parties (as defined below) harmless from
and against any such claim and relinquish, release and
assign to us all rights in and title to such information,
(ii) acknowledge that you (and not the Indemnified Parties)
are solely liable for any damage resulting from infringement
of copyrights, proprietary rights, or any other harm arising
from their submission and our subsequent use of the information,
and (iii) automatically grant us a worldwide, royalty-free,
exclusive right and license to use, reproduce, publish,
distribute and such information (in whole or in part,
in any media now known or used or heretofore known or
used at any time, and in perpetuity), although you acknowledge
that we have no obligation whatsoever to use, reproduce,
publish, distribute or display the information. Further,
we reserve the right to monitor and review transmissions,
use any information related to such use to ensure that
our policies are followed and otherwise as a necessary
incident to the provision of the Site or to protect our
rights and property. We may also monitor and review stored
transmissions without restriction and you hereby acknowledge
and consent to such monitoring. You further acknowledge
that passwords are known to us. If you use the Site, you
are responsible for maintaining the confidentiality of
your account and password and for restricting access to
your computer, and you agree to accept responsibility
for all activities that occur under your account or password. |
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| SUBMISSIONS |
We are pleased to hear from our
users and welcome your comments regarding the Site and
the products and services offered in connection therewith.
Unfortunately, however, our long-standing company policy
does not allow us to accept or consider creative ideas,
suggestions, or materials other than those that we have
specifically requested. We employ a talented staff and
consultants who may be working on the same or similar
ideas. We hope you will understand that it is the intent
of this policy to avoid the possibility of future misunderstandings
when projects developed by our professional staff and/or
consultants might seem to others to be similar to their
own creative work. Please do not send us any unsolicited
original creative materials of any kind. While we do value
your feedback on the Site and the services and products
offered in connection therewith, we request that you be
specific in your comments with respect to the same, and
not submit any creative ideas, suggestions, or materials
(unless specifically requested by us).
If, at our request, you send certain specific submissions
or, despite our request, you send us creative suggestions,
ideas, notes, drawings, concepts, or other information
(collectively, the "Submissions"), the Submissions
shall be deemed, and shall remain, our property. None
of the Submissions shall be subject to any obligation
of confidence on our part and we shall not be liable for
any use or disclosure of any Submissions. Without limitation
of the foregoing, we shall exclusively own all now known
or hereafter existing rights to the Submissions of every
kind and nature throughout the universe and shall be entitled
to unrestricted use of the Submissions for any purpose
whatsoever, commercial or otherwise, without compensation
to the provider of the Submissions. |
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| FORUMS
AND PUBLIC COMMUNICATION |
"Forum" means a chat area,
message board, or e-mail function offered as part of the
Site. If you participate in a Forum within the Site, if
applicable, you must not: (i) defame, abuse, harass or
threaten others; (ii) make any bigoted, hateful or racially
offensive statements; (iii) advocate illegal activity
or discuss illegal activities with the intent to commit
them; (iv) post or distribute any material that infringes
and/or violates any right of a third party or any law;
(v) post or distribute any vulgar, obscene, discourteous
or indecent language or images; (vi) advertise or sell
to, or solicit others; (vii) use the Forum for commercial
purposes of any kind other than to facilitate a transaction
on the Site; (viii) post or distribute any software or
other materials which contain a virus or other harmful
component; or (ix) post material or make statements that
do not generally pertain to the designated topic or theme
of any chat room or bulletin board. You shall remain solely
responsible for the content of your messages and shall
indemnify and hold the Indemnified Parties harmless for
the content of such messages. We reserve the right to
remove or edit content from any Forum at any time and
for any reason.
By uploading materials to any Forum or submitting any
materials to us, you automatically grant (or warrant that
the owner of such materials expressly granted) us a perpetual,
royalty-free, irrevocable, non-exclusive right and license
to use, reproduce, modify, adapt, publish, translate,
publicly perform and display, create derivative works
from and distribute such materials or incorporate such
materials into any form, medium, or technology now known
or later developed throughout the universe. In addition,
you warrant that all so-called "moral rights"
in those materials have been waived.
When participating in a Forum, never assume that people
are who the say they are, know what they say they know,
or are affiliated with whom they say they are affiliated
with in any chat room, message board, or other user generated
content area. Information obtained in a Forum may not
be reliable, and it is not a good idea to trade or make
any investment decisions based solely or largely on information
you cannot confirm. We cannot be responsible for the content
or accuracy of any information, and shall not be responsible
for any trading or investment decisions made based on
such information. |
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| CONTENT
LINKED TO THE SITE |
Links to other sites we think may
be of interest to you are provided for your convenience.
By providing these links, we are not endorsing, sponsoring
or recommending such sites or the materials disseminated
by or services provided by them, and are not responsible
for the materials, services or other situations at or
related to or from any other site.
Please exercise discretion while browsing the Internet
and using the Site. You should be aware that when you
are using the Site, you could be directed to other sites
that are beyond our control. There are links to other
sites from the Site pages that take you outside of the
Site. For example, if you "click" on a banner
advertisement or a search result, the "click"
may take you off the Site. This includes links from advertisers,
sponsors, and content partners that may use our logo(s)
as part of a co-branding agreement. These other sites
may send their own cookies to users, collect data, solicit
personal information, or contain information that you
may find inappropriate or offensive. In addition, advertisers
on the Site may send cookies to users that we do not control.
We reserve the right to disable links from any third party
sites to the Site.
We make no representations concerning the content of sites
listed in any of the Site's directories. Consequently,
we cannot be held responsible for the accuracy, relevancy,
copyright compliance, legality or decency of material
contained in sites listed in any search results or otherwise
linked to a Site.
Please keep in mind that whenever you give out information
online, that information can be collected and used by
people you don't know. We cannot guarantee the security
of any information you disclose online; you make such
disclosures at your own risk. |
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| DISCLAIMERS |
ELECTRONIC TRANSMISSIONS, INCLUDING
THE INTERNET, ARE PUBLIC MEDIA, AND ANY USE OF SUCH MEDIA
IS PUBLIC AND NOT PRIVATE. INFORMATION RELATED TO OR ARISING
FROM SUCH USE IS PUBLIC, OR THE PROPERTY OF THOSE COLLECTING
INFORMATION, AND NOT PERSONAL OR PRIVATE INFORMATION.
YOU AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. THE
CONTENT, SERVICES AND MATERIALS IN THE SITE ARE PROVIDED
"AS IS" AND ON AN "AS AVAILABLE" BASIS
WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER
EXPRESS, IMPLIED OR STATUTORY. WE DO NOT MAKE ANY REPRESENTATIONS,
WARRANTIES OR ENDORSEMENTS REGARDING THE ACCURACY, RELIABILITY,
USEFULNESS OR COMPLETENESS OF THE SERVICES, CONTENT OR
MATERIALS IN THE SITE OR ANY SITE LINKED TO IT. TO THE
MAXIMUM EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT,
DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY,
CAPACITY, COMPLETENESS, AVAILABILITY, COMPATIBILITY OR
ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT,
MATERIALS OR FUNCTIONS CONTAINED IN THE SITE WILL BE CONTINUOUSLY
AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT THE SITE, SERVICES, CONTENT, MATERIALS
OR THE SERVERS THAT MAKE THE SITE OR SUCH SERVICES, CONTENT
AND MATERIALSAVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS OR ARE ACCURATE OR COMPLETE. WE DO NOT WARRANT
OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS
OF THE USE OF THE SERVICES, CONTENT, MATERIALS, FUNCTIONS
OR PRODUCTS AVAILABLE THROUGH THE SITE IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR,
OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU. In the event we are held liable for any
damages related to such matters, your sole and exclusive
remedy will be limited to reimbursement for services or
products paid by you to the entity held liable which were
not provided by such entity. You hereby waive any and
all rights to bring any claim or action related to such
matters in any forum beyond one (1) year after the first
occurrence of the kind of act, event, condition or omission
upon which the claim or action is based.
We explicitly disclaim any responsibility for the accuracy,
content, or availability of information found on sites
that link to or from the Site. We cannot ensure that you
will be satisfied with any products or services that you
purchase from the Site or from a third-party site that
links to or from the Site or third party content on the
Site. We do not endorse any of the merchandise, nor have
we taken any steps to confirm the accuracy or reliability
of, any of the information contained in such third-party
sites or content. We do not make any representations or
warranties as to the security of any information (including,
without limitation, credit card and other personal information)
you might be requested to give any third party, and you
hereby irrevocably waive any claim against the Indemnified
Parties with respect to such sites and third party content.
We strongly encourage you to make whatever investigation
you feel necessary or appropriate before proceeding with
any online or offline transaction with any of these third
parties.
The Indemnified Parties are not responsible for telephone,
electric, electronic, network, Internet, computer, hardware
or software program malfunctions, failures, delays or
difficulties, or late, lost, stolen, illegible, incomplete,
garbled, misdirected, mutilated or postage due mail, e-mail,
form postings, connections, messages or entries, or the
security of any and all such matters.
Further, the Indemnified Parties are not responsible for
incorrect or inaccurate entry information, whether caused
by Internet users or by any of the equipment or programming
associated with or utilized in the Site or by any technical
or human error which may occur in the processing of any
information related to the Site.
We may prohibit you from participating in or utilizing
the Site if in our sole and absolute discretion you show
a disregard for this Agreement or act in an unsportsmanlike
manner, with the intent to annoy, abuse, threaten, or
harass any other person, or in any other disruptive manner.
We also reserve the right to refuse service, terminate
accounts, remove or edit content or cancel orders in our
sole and absolute discretion.
If for any reason any portion of the Site is not capable
of running as planned, including infection by computer
virus, bugs, tampering, unauthorized intervention, fraud,
technical failures, or any other causes beyond the reasonable
control of ATT which corrupt or affect the administration,
security, fairness, integrity, or proper conduct of the
Site, we reserve the right (but not the obligation) in
our sole and absolute discretion, to prohibit you and
any member, buyer or supplier (and all of your and their
Information) from using the Site, and to cancel, terminate,
modify or suspend the Site or any portion thereof and
void such Information.
You also agree that the Indemnified Parties are not responsible
or liable in any way for injury, loss or damage to your
computer or interception or use of credit card information,
related to or resulting from use of the Site or any sites,
services or materials linked or related thereto or therefrom
and also are not responsible or liable in any way for
any injury, loss, claim or damage relating to or resulting
from any part of the Site operating or not operating on
computers or networks used by you or communicating with
such computers or networks. To the extent we list or link
to third party products or services, our site acts as
the venue for suppliers to sell products and services
(or, as appropriate, solicit offers to buy) and buyers
to purchase such products and services. We are not involved
in the actual transaction between buyers and suppliers.
As a result, we have no control over the quality, safety
or legality of the items advertised, the truth or accuracy
of the listings, the ability of suppliers to sell items
or the ability of buyers to buy items. We cannot ensure
that a buyer or supplier will actually complete a transaction.
We do not control the information provided by other users
which is made available through the Site. You may find
other user's information to be offensive, harmful, inaccurate,
or deceptive. Please use caution and common sense when
using the Site. Please note that there are also risks
of dealing with foreign nationals, underage persons or
people acting under false pretense.
Although we intend that product descriptions contained
in the Site be current and accurate, we make no warranty
or representation that descriptions of products in the
Site are accurate, complete, current, or reliable in any
or all respects. In the event that a product described
in the Site is not as described, your sole remedy is to
return it in unused condition in accordance with the suppliers'
return policy.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C.
2701-2711): WE MAKE NO GUARANTY OF CONFIDENTIALITY OR
PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED
ON THE SITE OR ANY WEB SITE LINKED TO THE SITE. WE WILL
NOT BE LIABLE FOR THE PRIVACY OF THE INFORMATION, E-MAIL
ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION,
DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET
INFORMATION, OR ANY OTHER CONTENT TRANSMITTED OVER NETWORKS
ACCESSED BY THE SITE, OR OTHERWISE CONNECTED WITH YOUR
USE OF THE SITE.
NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION
PROVIDED BY US OR ANY OF THE INDEMNIFIED PARTIES WILL
CREATE A WARRANTY OF ANY KIND AND USERS SHOULD NOT RELY
ON ANY SUCH INFORMATION OR ADVICE. WE RESERVE THE RIGHT,
IN OUR SOLE AND ABSOLUTE DISCRETION AND WITHOUT NOTICE,
TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE
SITE, OR TO DENY ACCESS TO THE SITE TO ANYONE AT ANY TIME.
NEITHER WE NOR ANY OF THE INDEMNIFIED PARTIES, SHALL HAVE
ANY LIABILITY ARISING FROM YOUR RELIANCE UPON THE INFORMATION
PROVIDED ON THE SITE.
Search and Directory are free services which may be offered
in connection with the Site. Because the Web changes constantly,
no search engine technology can possibly have all accessible
sites at any given time. Thus, we explicitly disclaim
any responsibility for the content or availability of
information contained in any search index or directory
offered in connection with the Site. |
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| INDEMNIFICATION |
| You are entirely responsible for
maintaining the confidentiality of your password and account
and for all activities that occur under your account.
You hereby indemnify, defend and hold us and our hotels
and each of our and their owners, partners, subsidiaries,
affiliates, franchisees and each of such person's or entities'
officers, directors, agents, contractors, subcontractors,
guests, residents, visitors, licensees, invitees, permitees
and employees (collectively, the "Indemnified Parties")
harmless from and against any and all allegations, demands,
claims, liabilities, damages, fines, penalties or costs
of whatsoever nature (including reasonable attorneys'
fees) and whether by reason of death of or injury to any
person or loss of or damage to any property or otherwise
("Claims") arising out of or in any way connected
with this Agreement, the services or products provided
to you by the Site or any related act or failure to act
by you and whether or not occasioned or contributed to
by the negligence of ATT or any agent or employee of the
Indemnified Parties or any of them (except as and to the
extent prohibited by applicable law) or Claims arising
from your account, including, without limitation, any
Claims related to infringement by you of the intellectual
property rights of any person, including without limitation,
copyright, patent, trade secret, trade mark, artist rights,
droit moral, privacy, publicity or rights under other
intellectual property laws. In the event that any Claim
is made or any action or proceeding is brought against
the Indemnified Parties, or any of them, arising out of
or connected with this Agreement, any such Indemnified
Party may, by reasonable notice to you, require you, at
your expense, to resist such Claim or take over the defense
of any such action or proceeding and employ counsel for
such purpose, such counsel to be subject to the prior
written approval of such Indemnified Party, which approval
shall be deemed to have been given hereby in the case
of counsel acting for your insurance underwriters engaged
in such resistance or defense. You shall cooperate with
us in the defense of any Claim. We reserve the right,
at our own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification
by you. |
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| LIMITATION
OF LIABILITY |
| UNDER NO CIRCUMSTANCES, INCLUDING,
BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR
ANY LOST PROFITS, COST OF COVER, DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT
RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE
OR THE SERVICES OR FUNCTIONS OF THE SITE OR ARISING OUT
OF YOUR ACCESS TO, OR INABILITY TO ACCESS, THE SITE OR
YOUR RELIANCE UPON, THE SITE OR THE SERVICES, CONTENT
OR MATERIALS IN, OR FUNCTIONS OF, THE SITE, PROVISION
OF, OR FAILURE TO PROVIDE SERVICES, OR INFORMATION, OR
ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA,
OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY
(INCLUDING NEGLIGENCE). IN ADDITION, WE HAVE NO DUTY TO
UPDATE THE SITE OR THE CONTENTS THEREOF. APPLICABLE LAW
MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES
OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT
LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT
PAID BY YOU, IF ANY, FOR ACCESSING THE SITE. IF YOU ARE
DISSATISFIED WITH THE SITE OR ANY OF THE PRODUCTS, SERVICES,
MEMBERS, SUPPLIERS AND/OR BUYER OFFERED IN CONNECTION
THEREWITH OR ASSOCIATED THEREWITH, AS THE CASE MAY BE,
YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE
USE OF THE SITE AND TERMINATE THIS AGREEMENT IN ACCORDANCE
WITH THE TERMS HEREOF. |
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| RELEASE |
BY UTILIZING THE SITE, ALL USERS
ACKNOWLEDGE AND AGREE THAT THE INDEMNIFIED PARTIES ARE
RELEASED, DISCHARGED AND HELD HARMLESS FROM AND ARE NOT
RESPONSIBLE OR LIABLE FOR ANY LIABILITY WITH RESPECT TO
ALL ASPECTS OF THE SITE (INCLUDING WITHOUT LIMITATION,
ANY ILLNESS, LOSSES, LITIGATION, PERSONAL INJURY, DEATH,
PROPERTY DAMAGE, AND CLAIMS BASED ON PUBLICITY RIGHTS,
DEFAMATION, OR INVASION OF PRIVACY, REASONABLE ATTORNEYS'
FEES AND COURT COSTS) THAT MAY OCCUR FROM USE OF THE SITE
OR THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF INFORMATION,
MATERIALS, SERVICES OR PRODUCTS RELATED THERETO OR ACQUIRED
THEREFROM. WE RESERVE THE RIGHT AT ANY TIME AND WITHOUT
LIABILITY TO RESTRICT OR REFUSE ACCESS TO THE SITE AND
ITS SERVICES, CONTENT, MATERIALS AND FUNCTIONS TO ANYBODY.
WE FURTHER RESERVE THE RIGHT TO SEEK ANY FORM OF RELIEF,
INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES, RELATED
TO FRAUDULENT OR ILLEGAL ACTIVITY CONNECTED WITH THE USE
OF THE SITE.
Because we are not involved in the actual transaction
between buyers and suppliers, if applicable, in the event
that you have a dispute with one or more users, you also
on behalf of yourself, your predecessors, if applicable,
and each of their present and former officers, employees,
directors, shareholders, parents, subsidiaries, alter
egos, affiliates, partners, agents, attorneys, accountants,
heirs, executors, administrators, conservators, successors
and assigns, as applicable, hereby fully and forever releases
and discharges the Indemnified Parties, from any and all
claims, demands, liens, actions, agreements, suits, causes
of action, obligations, controversies, debts, costs, attorneys'
fees, expenses, damages, judgments, orders and liabilities
of whatever kind or nature in law, equity or otherwise,
whether now known or suspected which have existed or may
have existed, or which do exist or which hereafter can,
shall or may exist, based on any facts, events or omissions
occurring from any time on or prior to the execution of
this Agreement which arise out of, concern, pertain or
relate in any way to this Agreement or the Site. You also
acknowledge that there is a possibility that subsequent
to the execution of this Agreement, you will discover
facts or incur or suffer claims which were unknown or
unsuspected at the time this Agreement was executed, and
which if known by it at that time may have materially
affected its decision to execute this Agreement. You acknowledge
and agree that by reason of this Agreement, and the release
contained in this section of this Agreement, you are assuming
any risk of such unknown facts and such unknown and unsuspected
claims. You have been advised of the existence of Section
1542 of the California Civil Code ("Section 1542"),
which provides:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR
AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY
HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH
THE DEBTOR.
Notwithstanding such provisions, this release shall constitute
a full release in accordance with its terms. You knowingly
and voluntarily waive the provisions of Section 1542,
as well as any other statute, law or rule of similar effect.
In connection with such waiver and relinquishment, You
acknowledges that you are aware that you may hereafter
discover claims presently unknown or unsuspected, or facts
in addition to or different from those which you now know
or believe to be true, with respect to the matters released
herein. Nevertheless, it is your intention, through this
Agreement, and with the advice of counsel, fully and finally
settle and release all such matters, and all claims relative
thereto, which do now exist, may exist, or have existed
between and among the parties hereto, including the Indemnified
Parties. You hereby acknowledge that you have been advised
by your legal counsel, understand and acknowledge the
significance and consequence of this release and of this
specific waiver of Section 1542 and other such laws.1 |
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| JURISDICTIONAL
ISSUES |
| The products and/or services described
in and available through the Site may not be available
in your country. We make no representation that the services
or products offered in the Site are appropriate or available
for use in any particular location. Those who choose to
access the Site do so on their own initiative and are
responsible for compliance with local laws, if and to
the extent local laws are applicable. If use of the Site
and/or viewing or use of any material or content therein
or services offered thereby violates or infringes any
applicable law in your jurisdiction(s), you are not authorized
to view or use the Site and must exit immediately. Your
viewing and/or use of the Site constitutes your representation
that you are unconditionally and without limitation permitted
to view and use the Site and the Indemnified Parties may
rely upon such representation. The Site is operated from
the United States and it is possible that some Software
from the Site may be subject to United States export controls.
No Software from the Site may be downloaded or otherwise
exported or reexported (i) into (or to a national or resident
of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any
other country subject to a U.S. or U.N. embargo or sanction;
or (ii) to anyone on the U.S. Treasury Department's list
of Specially Designated Nationals or anyone subject to
the same or similar restrictions even if not listed or
the U.S. Commerce Department's Table of Deny Orders. By
downloading or using the Software, you represent and warrant
that you are not located in, under the control of, or
a national or resident of any such country or on any of
the above restricted lists or subject to such restrictions.
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| ACCESS
AND INTERFERENCE |
| You will not use any robot, spider,
other automatic device, or manual process to monitor or
copy the Site or the contents or information (including
the Information) contained therein without our prior express
written consent. You agree that you will not use any device,
software or routine to interfere or attempt to interfere
with the proper working of the Site or any transaction
being conducted through the Site. You agree that you will
not copy, reproduce, alter, modify, create derivative
works, or publicly display any content (except for any
Information in which you have an ownership interest) from
the Site without our prior express written consent or
the appropriate third party.
The information (including the Information) you provide
to us (i) shall not contain any viruses, Trojan horses,
worms, time bombs, cancelbots or other computer programming
routines that are intended to damage, detrimentally
interfere with, surreptitiously intercept or expropriate
any system, data or information; and (ii) shall not
create liability for us or cause us to lose (in whole
or in part) the services of our ISPs or other suppliers. |
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| NO
AGENCY |
You and ATT are independent contractors,
and no agency, partnership, joint venture, employee-employer
or franchiser-franchisee relationship is intended or
created by this Agreement. |
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| TERMINATION |
These terms are effective until
terminated by either party. You may terminate these
terms at any time by discontinuing use of the Site and
destroying all materials obtained from any and all such
sites and all related documentation and all copies and
installations thereof, whether made under the terms
of this Agreement or otherwise. Your access to the Site
may be terminated immediately without notice from us
if in our sole and absolute discretion you fail to comply
with any term or provision of this Agreement. Upon termination,
you must cease use of the Site and destroy all materials
obtained from such site and all copies thereof, whether
made under the terms of this Agreement or otherwise.
Notwithstanding the termination of this Agreement, you
acknowledge and agree that those rights and obligations
which by their nature are intended to survive the termination
of this Agreement in order to be fully operative, shall
survive the termination of this Agreement including,
without limitation, the following provisions hereof:
(i) Restrictions on Use of Materials; (ii) Use and Ownership
of Information Collected; (iii) Submissions; (iv) Disclaimers;
(v) Indemnification; (vi) Limitations on Liability;
(vi) Release; (vii) Access and Interference; (viii)
Notice and Procedure for Making Claims of Copyright
Infringement; (ix) Forum; (x) No Agency; and (xi) Compliance
with Laws. |
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| GENERAL
PROVISIONS |
You shall comply with all applicable
laws, statutes, ordinances and regulations regarding
your use of the Site and your solicitation of offers
to purchase and/or sell products and/or services. This
Agreement shall be governed by and construed in accordance
with the laws of the State of California, without giving
effect to any principles of conflicts of law. You agree
that any action at law or in equity arising out of or
relating to the terms of this Agreement shall be filed
only in the state or federal courts located in Los Angeles
County, California and you hereby consent and submit
to the personal jurisdiction of such courts for the
purposes of litigating any such action. If any provision
of this Agreement shall be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed
severable from this Agreement and shall not affect the
validity and enforceability of any remaining provisions.
This is the entire agreement between us relating to
the subject matter herein and shall not be modified
except as otherwise set forth herein. No waiver of any
term, provision or condition of this Agreement, whether
by conduct or otherwise, in any one or more instances,
shall be deemed to be, or shall constitute, a waiver
of any other term, provision or condition hereof, whether
or not similar, nor shall any waiver constitute a continuing
waiver of any such term, provision or condition hereof.
No waiver shall be binding unless executed in writing
by the party making the waiver. You agree that you will
execute and deliver to us, in recordable form if necessary,
such further documents, instruments or agreements, and
shall take such further action, that may be necessary
or appropriate to effectuate the purposes of this Agreement. |
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| DIGITAL
SIGNATURE PROVISIONS |
You represent and warrant that
you have the legal right, power and authority to agree
to the terms of this Agreement on behalf of yourself
and the member, buyer or supplier participating in the
Site. You further agree that clicking the "I ACCEPT"
option below constitutes an electronic signature as
defined by the Electronic Signatures in Global and National
Commerce Act ("E-Sign") and the Uniform Electronic
Transactions Act ("UETA") and that by clicking
the "I ACCEPT" option below you have formed,
executed, entered into, accepted the terms of and otherwise
authenticated this Agreement and acknowledged and agreed
that this Agreement is an electronic record for purposes
of E-Sign, UETA and the Uniform Computer Information
Transactions Act and as such is completely valid, has
legal effect, is enforceable, and is binding on, and
non-refutable by you and the member, buyer or supplier
on whose behalf you are acting. |
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