|
| Privacy and Security |
| 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 you are 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. Gulllivers Website Reservations
believes that your personal information deserves protection.If you
want to book 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 telephonic
or via email. Email: gta@gtahotels.com |
| |
Does Gullivers Travel
Reservations disclose personal customer information to third parties?
|
| We DO NOT and WILL NOT sell
or rent users non-aggregated specific personal information to third-party
companies. Cookies are used only to allow the site to welcome you
back to the site 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.
|
| |
| Site Usage and Information
Agreement |
| |
| I. IMPORTANT! THIS IS A
BINDING LEGAL AGREEMENT (this "Agreement"). PLEASE READ THESE TERMS
AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By using, viewing, transmitting, caching, 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
each and 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 each and 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, |
| |
II. 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 on 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
assure 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. |
| |
III. 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. |
| |
IV. 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. |
| |
V. 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. |
| |
VI. 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. |
| |
VII. 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. |
| |
VIII. 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. |
| |
IX. 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. |
| |
X. 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. |
| |
XI. 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 |
| |
XII. 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.
|
| |
XIII. 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. |
| |
XIV. 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. |
| |
XV. 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. |
| |
XVI. 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. |
| |
XVII. 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.
|
| |
|
