Gorp.com Terms of Use
AGREEMENT BETWEEN CUSTOMER AND GORP.COM
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. Gorp.com is owned and operated by Away.com, Inc., a Delaware corporation. For purposes of this Terms of Use, a reference to "Gorp.com" shall refer to both the Gorp.com web site and Away.com, Inc.
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, products or services obtained from this Web site, except for certain e-mail functionality specifically identified on the site.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Web site are Copyright © 1995-2002, Away.com, Inc. All rights reserved unless otherwise specified.
LIABILITY DISCLAIMER
THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN THE EVENT OF ANY SUCH INACCURACIES OR TYPOGRAPHICAL ERRORS, GORP.COM WILL ATTEMPT TO CORRECT SUCH ERRORS AS SOON AS REASONABLY PRACTICAL, HOWEVER, IN NO EVENT WILL GORP.COM BE RESPONSIBLE FOR SUCH ERRORS, INCLUDING WITHOUT LIMITATION TRIP PRICES, IN WHICH EVENT THE ACTUAL PRICES FOR SUCH TRIPS SHALL APPLY. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GORP.COM AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME.
GORP.COM, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. GORP.COM, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IN NO EVENT SHALL GORP.COM, ITS AFFILIATES, AND/OR THEIR 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, 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 GORP.COM, ITS AFFILIATES OR ANY OF THEIR SUPPLIERS HAS 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 Gorp.com. Such hyperlinks are provided for your reference only. Gorp.com does not control such Web sites and is not responsible for their contents. Gorp.com'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 you use the bulletin boards, chat rooms, or other message or communication facilities (collectively "Forums") on this Web site, 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 of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded.
- 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 file posted by another user of a Forum that 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 Gorp.com or its affiliates, and such communications shall not be considered reviewed, screened, or approved by Gorp.com or its affiliates. Gorp.com reserves the right for any reason to remove without notice any contents of the Forums received from users, including without limitation bulletin board postings. Gorp.com reserves the right to deny in its sole discretion any user access to this Web site or any portion thereof without notice.
MODIFICATION OF THESE TERMS AND CONDITIONS
Gorp.com reserves the right at any time and without notice to change the terms, conditions, and notices under which this Web site is offered.
GENERAL
This agreement is governed by the laws of the State of Delaware, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Washington, D.C., U.S.A., 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 Gorp.com as a result of this agreement or use of this Web site.
Gorp.com's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Gorp.com'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 Gorp.com 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 Gorp.com 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 Gorp.com, 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 GORP.COM'S TRIP FINDER FEATURE
The Trip Finder 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 by minors of this Web site 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 the 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 Gorp.com or 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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