| Travelocity Terms & Conditions | |
|
|
|
|
PLEASE READ THIS USER AGREEMENT AND THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SERVICE. Your use of this Service is expressly conditioned on your acceptance of the following terms and conditions. By using this Service, you signify your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use this Service. 1. OWNERSHIP - This reservation and booking and informational service (the "Service) is operated by Travelocity.com LP ("Travelocity"), and each of its modules, together with the arrangement and compilation of the content found on this Service, is the copyrighted property of Travelocity.com and/or its various third party providers and distributors. Much of the content found on this Service is owned by third party providers and distributors and, specifically, certain data relating to schedules is the copyrighted work of Official Airline Guides, Inc. and other information providers. In addition, the trademarks, logos and service marks displayed on this Service (collectively, the "Trademarks") are registered and common law Trademarks of Travelocity.com, its affiliates, and various third parties. Nothing contained on this Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of Travelocity.com, or such other party that may own the Trademarks. AAA trademarks and service marks, including AAA and the Diamond Ratings trademarks and service marks ("AAA Marks"), are owned by the American Automobile Association ("AAA"). As a user of a Travelocity.com product, you may view and search the AAA Marks but are prohibited from using the AAA Marks in any non-Travelocity.com application without first obtaining AAA's consent. 2. USE OF SERVICE - Travelocity.com grants you a limited, non-transferable license to use this Service in accordance with the terms and conditions of this User Agreement. You may only use this Service to make legitimate reservations or purchases and shall not use this Service for any other purposes, including without limitation, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand. This Service and the content provided in this Service, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Travelocity.com, and/or its third party providers and distributors, including, but not limited to Yahoo! Inc. ("Yahoo"), except that you may download, display and print the materials presented on this Service for your personal, non-commercial use only. You may not use any "robot," "spider" or other automatic device, or a program, algorithm ormethodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on thisService, in any case without the prior written permission of Travelocity.com. You agree that you will not transmit or otherwise transfer any Web pages, data or content found on this Service to any other computer, server, Web site, or other medium for mass distribution or for use in any commercial enterprise. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this Service. You agree that you will not take any action that imposes a burden or load on our infrastructure that Travelocity.com deems in its sole discretion to be unreasonable or disproportionate to the benefits Travelocity.com obtains from your use of the Service. Unauthorized use of this Service and/or the materials contained on this Service may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other Web site or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this Service. 3. AGE AND RESPONSIBILITY - If you use this Service, you are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your account or password. You represent that you are of sufficient legal age to use this Service and to create binding legal obligations for any liability you may incur as a result of the use of this Service. You understand that you are financially responsible for all uses of this Service by you and those using your login information. 4. PRIVACY - You have read the Travelocity.com Privacy Policy and the Yahoo! Inc. ("Yahoo") Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policies are reasonable. You consent to the use of your personal information by Travelocity.com, Yahoo and/or its third party providers and distributors in accordance with the terms of and for the purposes set forth in the Travelocity.com Privacy Policy and the Yahoo Privacy Policy, as applicable. 5. REVIEW OF TRANSMISSIONS - Travelocity.com may, from time to time monitor and review any information transmitted or received through this Service and reserves the right to sensor, edit, remove or prohibit the transmission or receipt of any information that Travelocity.com deems inappropriate or in violation of these terms and conditions. During monitoring, the information may be examined, recorded or copied, and your use of this Service constitutes your consent to such monitoring and review. You agree that if you submit suggestions, ideas, comments or questions or post any other information on this Service, you grant Travelocity.com and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any form, media or technology. Travelocity.com takes no responsibility and assumes no liability for any content posted or submitted by you. 6. EXCLUSION OF WARRANTY - TRAVELOCITY.COM, YAHOO AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SERVICE AND/OR ANY MATERIALS PROVIDED ON THIS SERVICE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. TRAVELOCITY.COM, YAHOO AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SERVICE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER TRAVELOCITY.COM, YAHOO NOR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS WARRANT THAT THIS SERVICE, ITS SERVERS OR ANY E-MAIL SENT FROM TRAVELOCITY.COM OR YAHOO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM STATE TO STATE. 7. LIMITATION OF LIABILITY - TRAVELOCITY.COM AND YAHOO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SERVICE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SERVICE. IN NO EVENT SHALL TRAVELOCITY.COM, YAHOO OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SERVICE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SERVICE FOR RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY TRAVELOCITY.COM, YAHOO OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. If, notwithstanding the foregoing, Travelocity.com, Yahoo or any third party provider or distributor should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this Service or its content, the liability of Travelocity.com, Yahoo and the third party providers and distributors shall in no event exceed, in the aggregate, the greater of (a) the subscription fee and service charge for accessing this Service, or (b) US$100.00. In its sole discretion, in addition to any other rights or remedies available to Travelocity.com and without any liability whatsoever, Travelocity.com at any time and without notice may terminate or restrict your access to any component of this Service. Some states do not allow limitation of liability, so the foregoing limitation may not apply to you. In addition, you acknowledge that Tracelocity.com is providing the functionality for the Service and Yahoo is not responsible for any failures, errors or omissions of Tracelocity.com. 8. INDEMNIFICATION - You shall defend and indemnify Travelocity.com, Yahoo and any third party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this Service. 9. LINKS - This Service contains links to other Web sites which are provided solely as a convenience to you and not as an endorsement by Travelocity.com, Yahoo or its third party providers or distributors of the contents of such other Web sites. None of Travelocity.com, Yahoo or any third party provider or distributor shall be responsible for the content of any other Web sites and make no representation or warranty regarding any other Web sites or the contents or materials on such Web sites. If you decide to access other Web sites, you do so at your own risk. 10. RELATIONSHIP - The relationship between Travelocity.com and Yahoo on the one hand and you on the other hand will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other. 11. GOVERNING LAW - This Agreement and its performance shall be governed by the laws of the state of Texas, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Tarrant county, the state of Texas, United States of America, in all questions and controversies arising out of your use of this Service and this Agreement. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this Service must be brought within two (2) years from the date on which such claim or action arose or accrued. 12. ATTORNEY'S FEES - If Travelocity.com, Yahoo or either of their affiliates take any action to enforce this User Agreement and these terms and conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled. 13. INJUNCTIVE RELIEF - You acknowledge that a violation or attempted violation of any of this User Agreement and these terms and conditions will cause such damage to Travelocity.com and Yahoo as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Travelocity.com and Yahoo shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by You, or Your affiliates, partners, or agents, as well as recover from You any and all costs and expenses sustained or incurred by Travelocity.com or Yahoo in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction. 14. TERMINATION - Travelocity.com may terminate this User Agreement and these terms and conditions and/or the provision of any of the services at any time for any reason, including any improper use of this Service or your failure to comply with these terms and conditions. Such termination shall not effect any right to relief to which Travelocity.com and Yahoo or its third party providers and distributors may be entitled, at law or in equity. Upon termination of this User Agreement and these terms and conditions, all rights granted to you will terminate and revert to Travelocity.com, Yahoo and Travelocity.com's third party providers or distributors, as applicable. 15. ASSIGNMENT - You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. 16. MODIFICATION - Travelocity.com may at any time modify these terms and conditions and your continued use of this Service will be conditioned upon the terms and conditions in force at the time of your use. 17. ADDITIONAL TERMS - Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this Service, and you agree to abide by such other terms and conditions. 18. SEVERABILITY - These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. 19. HEADINGS - The headings used in this User Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein. 20. ENTIRE AGREEMENT - This User Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Service.
California Seller of Travel |