Back Button

Web Site Terms of Use

Welcome to this Travel Sciences, Inc. web site (this "Web Site"). Travel Sciences, Inc. ("We," "Us," "Our") provides this Web Site subject to the following terms of use (these "Terms"). Your ("User," "You," "Your") use of this Web Site constitutes Your agreement to the Terms.  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 the terms and conditions herein. Please read the Terms carefully before using this Web Site.  Please note, We reserve the right, in Our sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications, alterations, and updates shall be effective immediately upon posting. You agree to be bound by such modified, altered, and updated Terms if You access or use this Web Site after We have posted notice of such modifications, alterations or updates. You may use this Web Site and the services and/or products offered hereunder as long as You comply with the Terms. IF YOU DO NOT AGREE WITH THE TERMS, DO NOT USE THIS WEB SITE.

1. WHAT YOU SHOULD KNOW
The goal of this Web Site is to provide You with access to information about Our CRM service application products and services and other related goods and services (the "Content"). The Terms are meant to protect all of Our visitors to this Web Site.

Consistent with Our goals, this Web Site will permit You to link to many other Web sites that may or may not be affiliated with this Web Site and/or with Us. The other linked Web sites have different terms of use that are not the same as these Terms. Your access to and use of such linked Web sites through links provided on this Web Site is governed by the terms of use and policies of those sites, not this Web Site. We do not endorse nor are We responsible or liable for any content, information, or other related materials found at any such linked Web site or any links contained within such linked Web site.

2. PRIVACY
Registration data and certain other information about You is subject to our Privacy Policy. For more information, please review Our Privacy Policy.

3. USE OF THIS WEB SITE
We control and operate this Web Site. All Content on this Web Site, including, but not limited to, text, images, illustrations, advertisements, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by United States and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes). The Content is owned and controlled by Us or Our affiliates, or by third party content providers, merchants, sponsors and licensors (collectively the "Providers") that have licensed their content or the right to market their products and/or services to Us.  Content on this Web Site or any Web site owned, operated, licensed or controlled by the Providers is solely for Your personal and/or commercial use related to Your travel business and You consent to Our provision of the same. You agree to abide by all additional copyright notices, information, or restrictions contained in any Content. You may download a single copy of any Content contained on this Web Site, solely for Your personal and/or commercial use related to Your travel business, consistent with these Terms, provided that You maintain all copyright and other notices contained in such Content.

You may not reproduce, republish, upload, post, transmit, distribute, disable, obscure and/or exploit the Content in any way (including by e-mail or other electronic means) without the prior written consent of Us or the Providers which may be withheld in our and their sole discretion. Your modification of the Content, use of the Content on any other Web site or networked computer environment, or use of the Content for any purpose other than personal and/or commercial use related to Your travel business, without the prior written consent of Us or the Providers, violates the intellectual property rights and proprietary rights of the Content owners and is prohibited.

You may not use on Your Web site any registered or unregistered trademarks, service marks or copyrighted materials appearing on this Web Site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame, deep link, or otherwise incorporate into another Web site any of the Content or other materials on this Web Site without Our express prior written consent. Violation of trademark and copyright laws may result in significant civil liability or criminal penalties under United States and/or worldwide copyright and trademark laws. You recognize that any reproduction or use of Content, except as authorized by these Terms, is considered intentional infringement.

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“Act”) and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. If we remove or disable access to comply with the Digital Millennium Copyright Act, we will make a good-faith attempt to contact the owner or administrator of each affected site so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act.

4. USER'S RESPONSIBILITIES
You warrant and represent to Us that You will not use this Web Site for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material.  If You violate any of these Terms, Your permission to use this Web Site immediately terminates without the necessity of any notice. We retain the right to deny access to anyone at Our discretion for any reason, including for violation of these Terms.

You are solely responsible for Your Information, and We act as a passive conduit for Your online distribution and publication of Your Information. As used in these Terms, "Information" means any information or data that You submit to this Web Site and any information or data that is generated by this Web Site as a result of Your use of this Web Site.  You own Your Information.

In the event that You are provided with User identification numbers or codes (collectively, "ID's"), confirmation numbers, and/or passwords (as applicable) in the use of this Web Site, You shall maintain such User ID's, confirmation numbers, and/or passwords in confidence and You agree not to distribute or disclose the same to third parties. It is Your responsibility to notify Us if We need to change or discontinue any of Your ID's, confirmation numbers, or passwords. It is also Your responsibility to immediately request discontinuation of an ID, confirmation number, or password upon Your knowledge or belief that such ID, confirmation number, and/or password is, or may be subject to, a breach of confidentiality.  Acceptance of Your reservation shall be deemed complete and effectively communicated to You for all purposes at the time We send You an email with a unique confirmation code, whether or not You receive the email.  Additionally, We may suspend or terminate Your service or access to this Web Site if We believe a breach of these Terms has occurred.

This Web Site and the booking engine contained herein and any underlying technology used in providing the same may not be accessed or exported outside the United States or to any foreign entity or "Foreign Person" as defined by applicable U.S. government regulations, including without limitation, export or re-export any portion of the same (i) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria or any other country to which the United States of America ("U.S.A.") has embargoed exports of goods or (ii) to anyone on the U.S.A. Treasury Department's list of Specially Designated Nationals or the U.S.A. Commerce Department's Table of Denial Orders. By downloading data or using this Web Site, you are agreeing to the foregoing and you are warranting that you are not a "Foreign Person" or under the control of a "Foreign Person".

You agree to provide true, accurate, current and complete Information. If You provide any Information that is untrue, inaccurate, not current or incomplete (or We have reasonable grounds to suspect that such Information is untrue, inaccurate, not current or incomplete), We have the right to suspend or terminate Your access and activity, and refuse any and all current or future use, of this Web Site.

5. PROHIBITED ACTIVITIES
You are specifically prohibited from any use of this Web Site, and You agree not to use or permit others to use this Web Site, for any of the following: (a) take any action that imposes an unreasonable or disproportionately large load on the Web Site's infrastructure, including but not limited to "spam" or other such unsolicited mass e-mailing techniques; (b) disclose to, or share with, the assigned confirmation numbers and/or passwords with any unauthorized third parties or using the assigned confirmation numbers and/or passwords for any unauthorized purpose; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Web Site; (d) upload, post, emailing or otherwise transmitting any Information, Content, or proprietary rights that You do not have a right to transmit under any law or under contractual or fiduciary relationships; (e) violating any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; and, (f) using any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy Our Web pages, or the Content without Our prior written permission, provided that generally available third party Web browser such as Netscape Navigator® and Microsoft Internet Explorer® may be used without such permission.

6. INFORMATION POSTED TO WEB SITE
With respect to all Information You elect to post to publicly accessible areas of the Web Site, You agree that We have the right to use, reproduce, modify, publish, perform and display such Information (in whole or part) worldwide in a general statistical manner; provided that such use is subject to the terms of Our Privacy Policy.  Further, You grant to Us a limited non-exclusive license to display your trademarks and trade names for the purposes designated in this Agreement.  For purposes of this paragraph, “general statistical manner” shall mean information which does not include the actual identities of Your passengers or information which would reasonably enable a third party to infer the identities of the same from such information.

You acknowledge and agree that We may preserve Information and may also disclose Information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Information violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Our business, employees, Providers, affiliates, users, and/or the public.

7. DEALINGS WITH PROVIDERS
Your correspondence or business dealings with, or participation in promotions of, Providers found on or through this Web Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings are solely between You and such Providers. You agree that We (and the Providers) shall neither be responsible nor liable for any loss or damage incurred by You as the result of any such dealings or as the result of the presence of such Providers on this Web Site.

8. NO WARRANTIES
ALL CONTENT ON THIS WEB SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

NEITHER WE, OUR AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE, WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY CONTENT, SERVICE, AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE.

WE ARE A DISTRIBUTOR AND NOT A PUBLISHER. WE HAVE NO MORE EDITORIAL CONTROL OVER SUCH INFORMATION AND CONTENT THAN DOES A PUBLIC LIBRARY OR NEWSSTAND. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS, ADVERTISEMENTS OR OTHER INFORMATION EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING IN THE LINKED SITES) ARE THOSE OF THE RESPECTIVE AUTHORS OR DISTRIBUTORS OF SUCH CONTENT.

9. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE NOR OUR AFFILIATED OR RELATED ENTITIES (INCLUDING PROVIDERS), NOR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEB SITE, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE.  SOME JUSISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.  IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

IF YOU ARE DISSATISFIED WITH THE WEB SITE OR ANY OF THE PRODUCTS OR SERVICES MADE AVAILABLE IN CONNECTION HEREWITH OR ASSOCIATED HEREWITH, AS THE CASE MAY BE, INCLUDING THE CRM SERVICE APPLICATION AND RELATED PRODUCTS AND SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THIS WEB SITE.  SOME STATES DO NOT ALLOW FOR THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

BY WAY OF EXAMPLE ONLY, WE AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM: ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF CONTENT, INFORMATION, OPINIONS, ADVERTISEMENTS OR OTHER MATERIALS APPEARING ON THIS WEB SITE WHETHER OURS OR THIRD PARTIES. MOREOVER, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this Section 9 will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of Us and the Providers, and to all respective officers, directors, employees, representatives, attorneys, and agents.

10. GOVERNING LAW AND JURISDICTION
We operate this Web Site (excluding linked sites) from Our offices within the State of Connecticut.  We make no representation that Content in this Web Site is appropriate or available for use in other locations. As these other locations may have laws that may differ from those of Connecticut, by accessing this Web Site, You agree that these Terms and Your use of the Web Site shall be governed in all respect by the internal substantive laws of the State of Connecticut, without regard to conflict of laws provisions and shall not be governed by the United Nations Convention on the International Sale of Goods.  Thus, by accessing this Web Site from locations where the Content is illegal is prohibited. You further submit to exclusive jurisdiction and venue in the state and federal courts located in the State of Connecticut for all disputes, cases and controversies regarding this Web Site, Your use of this Web Site, and Your relationship with Us.   Those who choose to access this Web Site from other locations do so at their own risk and are responsible for compliance with local laws, rules and regulations including laws regarding the transmission of technical data exported from the United States or the location in which You reside.

11. INDEMNIFICATION
We reserve the right to report any wrongdoing, if and when We become aware of it, to any applicable government agencies. You agree to indemnify, defend and hold Us and the Providers, Our and their officers, directors, employees, affiliates, agents, licensors, and suppliers harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from Your use of this Web Site, Your breach of any provision of these Terms and/or any negligent acts, omissions or intentional wrongdoing by You. Any such indemnification shall be conditioned on Our: (a) notifying You in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) reasonably cooperating with You in the defense or settlement thereof; and (c) allowing You to control such defense or settlement. We shall be entitled to participate in such defense at Our own cost and expense.

12. MESSAGE BOARDS
In the event that We provide message boards or discussion forums on this Web Site (the "Forums"), You agree to use the Forums only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, advertising, or written solicitation for goods and services. You agree that any uploaded materials may be republished without compensation to You or any other person or entity. In addition, You warrant that all moral rights in any uploaded materials have been waived. While We do not and cannot review every message posted by You or any other User in the Forums, and although We are not responsible for these messages, We reserve the right (but not the obligation) to delete, move, or edit messages that We, in our sole discretion, deem abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable. We do not endorse any Information posted on this Web Site.

You agree that You must evaluate, and bear all risks associated with, the use of any messages, Information, or Content, including any reliance on the accuracy, completeness, or usefulness of such messages, Information, or Content.  In this regard, You acknowledge that You may not rely on any Content We create or information submitted to Us by third parties, including without limitation, information in the Forums, and in all other parts of this Web Site.

13. OTHER GENERAL PROVISIONS
These Terms are for the benefit of Us and the Providers, Our and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against You on its (or their own) behalf. Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches.

If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only.

You and We are dealing at arms' length, creating a commercial relationship. We are not Your agent or Your fiduciary. The provisions and conditions of these Terms, and each obligation referenced herein, represent the entire Agreement between Us (including the Providers), Our affiliated or related entities, and You, and supersede any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between these Terms and any future published terms of use or understanding, the last published Terms shall prevail.

WE RESERVE ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THESE TERMS.

 

End User License Agreement

IMPORTANT—READ CAREFULLY

 

This End-User License Agreement (“EULA”) is a legal agreement between “You” (either an individual or a single entity) and Travel Sciences, Inc. (“Company”) for the Company’s on-line current commercial version of its customer relationship management system (“Travel CRM Application”). 

YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS EULA BY ACCESSING OR OTHERWISE USING THE TRAVEL CRM APPLICATION. IF YOU DO NOT AGREE, DO NOT ACCESS, OR USE THE TRAVEL CRM APPLICATION.

1. GRANT OF LICENSE.   Subject to Your faithful performance of and compliance with the terms and conditions of this EULA, Company grants You the rights described in this EULA unless terminated in accordance with Section 2. 

       1.1 General License Grant. Company grants to You, and You accept from Company, a personal limited, non-transferable, world-wide, royalty-free, non-exclusive license for the term of this EULA, to use the Travel CRM Application for Your own personal business use, provided that You are the only individual using the Travel CRM Application.  If You are an entity, Company grants to You a personal, limited, non-transferable, non-exclusive license for the term of this EULA, to use the Travel CRM Application for business purposes for each registered and authorized user identity.   

2. TERMINATION. This EULA and the rights granted hereunder will terminate automatically if You fail to comply with the terms herein and fail to cure such breach within thirty (30) days of (i) being notified of such breach or (ii) the time you become (or should have become) aware of the breach.  Provisions which, by their nature, must remain in effect beyond the termination of this EULA shall survive.

3. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY.  You may not modify, alter, reverse engineer, decompile, customize or disassemble the Travel CRM Application or any other materials used by Company in connection with the Travel CRM Application, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

4. NO RENTAL/COMMERCIAL HOSTING. You may not rent, lease, lend, sell, sublicense, transfer (including indirect transfers), assign or provide commercial hosting services with the Travel CRM Application.

5. CONSENT TO USE OF DATA.  You agree that Company and its affiliates may collect and use information gathered solely (i) as part of the product support services provided to You, if any, related to the Travel CRM Application and (ii) in a general statistical manner. For purposes of this paragraph, “general statistical manner” shall mean information which does not include the actual identities of Your passengers or information which would reasonably enable a third party to infer the identities of the same from such information. 

6. ADDITIONAL SERVICES.  This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Travel CRM Application that Company may provide to You or make available to You after the date You first utilize the Travel CRM Application, unless we provide other terms along with the update, supplement, add-on component, or Internet-based services component. Company reserves the right to discontinue any Internet-based services components and/or the Travel CRM Application (or any part thereof) provided to You or made available to You at any time in its sole discretion. 

7. UCITA.  The interpretation and enforcement of this EULA, or any of its terms or provisions, shall not be governed by or construed in accordance with the Uniform Computer Information Transaction Act in 2000, as adopted by the National Conference of Commissioners on Uniform State Laws (“UCITA”), if, as or when the same, or any portion thereof, may be adopted or enacted by the jurisdiction pursuant to whose governing substantive laws this EULA shall be interpreted and enforced.  Without limiting or in any way diminishing the foregoing exclusion or inapplicability of UCITA, and only to the extent and solely for the purpose of perfecting or giving full legal effect to such exclusion, the parties agree that the substantive provisions of Section 904 of UCITA would apply to the extent the same were to be enacted by the governing jurisdiction and shall apply if necessary to give full effect to this exclusionary provision, if and when the same or a similar provision is enacted.

8. EXPORT CONTROL.  You agree that the Travel CRM Application shall be used and possessed in accordance with all applicable laws, rules and regulations, and in no case will You deliver, provide access to or otherwise facilitate the exportation of any technical data or proprietary information to any foreign national where the same is prohibited, or, in the case where permitted, only in strict compliance with all applicable federal rules and regulations.

9.  LIMITATION ON REMEDIES; NO DAMAGES. Your exclusive remedy for any claim, cause of action, or damages, or injuries or losses (including loss of data) suffered shall be as set forth below.  YOU ARE NOT ENTITLED TO ANY DAMAGES.  In any such case, Company’s and its suppliers’ entire liability and Your exclusive remedy for any matter or for any other liability relating to the Travel CRM Application shall be at the Company’s option, subject to applicable law, repair or replacement of the Travel CRM Application that does not meet this Limited Warranty. You will receive the remedy without charge.  No remedy will apply if failure of the Travel CRM Application has resulted from accident, abuse, unauthorized access, misapplication, abnormal use or a virus.  

10. DISCLAIMER OF WARRANTIES. Except as provided above, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS SUPPLIERS PROVIDE THE TRAVEL CRM APPLICATION AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE TRAVEL CRM APPLICATION, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, AND RELATED CONTENT THROUGH THE TRAVEL CRM APPLICATION OR OTHERWISE ARISING OUT OF THE USE OF THE TRAVEL CRM APPLICATION.  ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE TRAVEL CRM APPLICATION.  WE DO NOT GUARANTEE THE QUALITY, RELIABILITY, PERFORMANCE, UPTIME OR SUITABILITY OF ANY INTERNET COMMUNICATIONS AND TRANSPORT SERVICES UPON OR THROUGH WHICH THE SERVICES ARE RENDERED, NOR DO WE GUARANTEE THE SUFFICIENCY, RELIABILITY, PERFORMANCE OR RELIABILITY OF THE EQUIPMENT OR HARDWARE UPON WHICH THE APPLICATION SERVICES ARE OPERATED OR DELIVERED.  WE DO NOT GUARANTEE THAT THIRD PARTIES CANNOT OR WILL NOT OBTAIN UNAUTHORIZED OR ILLEGAL ACCESS TO YOUR DATA OR INFORMATION STORED IN THE SYSTEMS THAT WE OPERATE OR GUARANTEE THAT YOUR DATA OR INFORMATION WILL NOT BE CORRUPTED OR COMPROMISED BY MALICIOUS CYBER ATTACKS, INCLUDING TROJAN HORSES AND VIRUSES THAT MAY DAMAGE YOUR INFORMATION. 

11. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR COMPUTER FAILURE OR MALFUNCTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE TRAVEL CRM APPLICATION, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, AND RELATED CONTENT THROUGH THE TRAVEL CRM APPLICATION OR OTHERWISE ARISING OUT OF THE USE OF THE TRAVEL CRM APPLICATION, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF COMPANY OR ANY SUPPLIER, AND EVEN IF COMPANY OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF COMPANY AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY COMPANY WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO $5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

13. INDEMNIFICATION.  You agree to indemnify and hold harmless Company, and its parent, subsidiaries, affiliates, officers, directors, employees and agents, from any and all claims, losses, liabilities, damages, expenses and costs (including reasonable attorneys’ fees and court costs) relating to or arising out of a breach of this EULA by You; provided that Company (i) provides written notice of the claim and any threatened claim promptly to You and (ii) does not settle such claim or proceeding without Your prior written consent.  Company shall have the right at its expense to participate in the defense thereof with counsel of its choice, provided that You shall have the right at all times to retain or resume control of the conduct of such defense.

14. ASSIGNMENT.   Neither this Agreement nor the rights granted herein by Company to You may be assigned or delegated to any other entity or person without the express written consent of Company, which consent may be withheld in Company’s sole discretion.  Company may freely assign this Agreement and all of its rights or obligations hereunder, provided any such assignee shall honor Company’s obligations hereunder.

15. CONFIDENTIALITY.  The Travel CRM Application is proprietary and confidential information to Company. You agree not to disclose or provide the Travel CRM Application or any related information to any third party or use the Travel CRM Application for any purpose other than as provided in this EULA.  However, You may disclose confidential information in accordance with judicial or other governmental order, provided You give Company reasonable written notice prior to such disclosure and shall comply with any applicable protective order or equivalent. Further, You shall not be obligated to maintain the confidentiality of information which You can prove: (i) is already known to You without an obligation to maintain the same as confidential; (ii) becomes publicly known through no wrongful act of Yours; (iii) is rightfully received from a third party without breach of an obligation of confidentiality owed to Company; or (iv) is independently developed by You.

16. MISCELLANEOUS. Company shall have the right, in its sole discretion, to modify and/or discontinue the distribution or availability of the Travel CRM Application at any time with thirty (30) days prior written notice to You.  This EULA represents the complete agreement concerning the subject matter hereof and supersedes all prior contracts, agreements, proposals, understandings, representations, correspondence or any other communication regarding the subject matter hereof, whether in verbal or written form. If any provision of this EULA is held to be illegal or unenforceable by a court of competent jurisdiction, such provision shall be reformed only to the extent necessary to make it enforceable. The enforceability or effectiveness of the remainder of the Agreement shall not be affected. No party’s waiver of any breach or accommodation to the other party shall be deemed to be a waiver of any subsequent breach. This EULA shall be governed by Connecticut law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions.  Any legal proceeding of any nature with respect to this EULA shall be submitted for trial, without jury, before the state or federal courts located in Hartford or New Haven County, Connecticut.  The parties consent to the exclusive jurisdiction and exclusive venue of any such court with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys' fees and expenses. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this EULA.  

 

Copyright © 2007-2008 Travel Sciences, Inc.   All rights reserved.

Spacer
Back Button Spacer Back Button