AGREEMENT BETWEEN CUSTOMER AND
1st Boston Hotels / E-Partners
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 Boston Hotels /
E-Partners. All rights reserved. 1st Boston Hotels / E-Partners
is either a registered trademark or trademark of 1st Boston
Hotels / E-Partners.
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
Boston Hotels / E-Partners MAY MAKE IMPROVEMENTS AND/OR CHANGES
ON THIS WEB SITE AT ANY TIME.
1st Boston Hotels / E-Partners, 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 Boston Hotels / E-Partners, 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 Boston Hotels / E-Partners, 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 Boston Hotels / E-Partners, 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 Boston Hotels / E-Partners. Such
hyperlinks are provided for your reference only. 1st Boston
Hotels / E-Partners does not control such Web sites and is not
responsible for their contents. 1st Boston Hotels / E-Partners'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 Boston Hotels / E-Partners or its affiliates, and
such communications shall not be considered reviewed, screened,
or approved by 1st Boston Hotels / E-Partners or its affiliates.
1st Boston Hotels / E-Partners 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 Boston Hotels / E-Partners 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 Boston
Hotels / E-Partners. 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
Boston Hotels / E-Partners 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 Boston Hotels / E-Partners 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 Boston Hotels / E-Partners 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 Boston Hotels /
E-Partners as a result of this agreement or use of this Web site.
1st Boston Hotels / E-Partnerss performance of this
agreement is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of 1st
Boston Hotels / E-Partners'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 Boston Hotels /
E-Partners 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 Boston Hotels / E-Partners 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 Boston Hotels / E-Partners
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 Boston Hotels / E-Partners
The 1st Boston Hotels / E-Partners 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.
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