ACCEPTANCE
OF TERMS
HRG North America ("HRG North America") makes this
Web site (the "Site"), including all information,
documents, communications, files, text, graphics, software,
and products available through the Site (collectively, the "Materials")
and all services operated by HRG North America and third parties
through the Site (collectively, the "Services"), available
for your use subject to the terms and conditions set forth in
this document and any changes to this document that HRG North
America may publish from time to time (collectively, the "Terms
of Use"). By
accessing or using this Site in any way, including, without
limitation, use of any of the Services, downloading of any
Materials, or merely browsing the Site, you agree to and are
bound by the Terms of Use.
HRG
North America reserves the right to change the Terms of Use
and other guidelines or rules posted on the Site from time
to time at its sole discretion, and will provide notice of
material changes on the home page of the Site. Your continued
use of the Site, or any Materials or Services accessible through
it, after such notice has been posted constitutes your acceptance
of the changes. Your use of the Site will be subject to the
most current version of the Terms of Use, rules and guidelines
posted on the Site at the time of such use. You should periodically
check the "Terms of Use" link on the Site's home
page to view the then current terms. If you breach any of
the Terms of Use, your authorization to use this Site automatically
terminates, and any Materials downloaded or printed from the
Site in violation of the Terms of Use must be immediately
destroyed.
INTELLECTUAL
PROPERTY; LIMITED LICENSE TO USERS
The Materials and Services on this Site, as well as their
selection and arrangement, are protected by copyright, trademark,
patent, and/or other intellectual property laws, and any unauthorized
use of the Materials or Services at this Site may violate
such laws and the Terms of Use. Except as expressly provided
herein, HRG North America and its suppliers do not grant any
express or implied rights to use the Materials and Services.
You agree not to copy, republish, frame, download, transmit,
modify, rent, lease, loan, sell, assign, distribute, license,
sublicense, reverse engineer, or create derivative works based
on the Site, its Materials, or its Services or their selection
and arrangement, except as expressly authorized herein. In
addition, you agree not to use any data mining, robots, or
similar data gathering and extraction methods in connection
with the Site.
Use
of Services. When using Services on this Site that are offered
by HRG North America, you shall be subject to any posted guidelines,
rules, or licenses applicable to such Services and to the
Terms of Use. Such guidelines, rules, or licenses may contain
terms and conditions in addition to those in the Terms of
Use.
In
addition to the Materials and Services offered by HRG North
America, this Site also makes available materials, information,
and services provided by third parties (collectively, the
"Third Party Services"). The Third Party Services
are governed by separate license agreements that accompany
such services. HRG North America offers no guarantees and
assumes no responsibility or liability of any type with respect
to the Third Party Services, including any liability resulting
from incompatibility between the Third Party Services and
the Materials and Services offered by HRG North America. You
agree that you will not hold HRG North America responsible
or liable with respect to the Third Party Services or seek
to do so.
Use
of Software. The software and accompanying documentation that
is made available to download from this Site is the copyrighted
and/or patented work of HRG North America and/or its suppliers.
Use of the software is governed by the terms of the license
agreement that accompanies or is included with such software.
Such terms are available for review and are incorporated herein
by this reference. You will not be able to download or install
any software that is accompanied by or includes a license
agreement unless you agree to the terms of such license agreement.
If you do not agree to such terms, you will not be able to
use the software. Absent a license agreement that accompanies
the software, use of the software will be governed by the
Terms of Use. You agree that you will not decompile, reverse
engineer, or otherwise attempt to discover the source code
of the software available on the Site.
Use
of HRG North America Content. Except as indicated to the contrary
elsewhere on this Site, you may view, download, and print
the HRG North America Content available on this Site subject
to the following conditions:
1.
HRG North America Content may be used solely for personal,
informational, and internal purposes.
2. HRG North America Content may not be modified or altered
in any way.
3. HRG North America Content on the Site may not be distributed
or sold, rented, leased, or licensed to others.
4. You may not remove any copyright or other proprietary notices
contained in the HRG North America Content.
5. HRG North America reserves the right to revoke the authorization
to view, download, and print the HRG North America Content
and User Content available on this Site at any time, and any
such use shall be discontinued immediately upon notice from
HRG North America.
6. The rights granted to you constitute a license and not
a transfer of title.
TRADEMARK INFORMATION
The trademarks, logos, and service marks ("Marks")
displayed on this Site are the property of HRG North America
or other third parties. You are not permitted to use the Marks
without the prior written consent of HRG North America or
such third party that may own the Marks. HRG North America
and the HRG North America logo are trademarks of HRG North
America.
USER CONDUCT
In using the Site, including all Services and Materials available
through it, you agree:
not to disrupt or interfere with any other user's enjoyment
of the Site or affiliated or linked sites;
not
to upload, post, or otherwise transmit through the Site any
viruses or other harmful, disruptive, or destructive files;
not
to create a false identity;
not
to use or attempt to use another's account, password, service,
or system without authorization from HRG North America;
not
to disrupt or interfere with the security of, or otherwise
cause harm to, the Site, or any Services, Materials, system
resources, accounts, passwords, servers, or networks connected
to or accessible through the Site or any affiliated or linked
sites.
WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT
BETWEEN YOU AND HRG NORTH AMERICA OR YOU AND A THIRD PARTY
WITH RESPECT TO SUCH PARTY'S MATERIALS OR SERVICES, THIS SITE,
AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE
ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT
LIMITING THE FOREGOING, HRG NORTH AMERICA MAKES NO WARRANTY
THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS;
(ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE,
ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE
WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE
OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN
THE SITE, ITS SERVICES OR MATERIALS, WILL BE CORRECTED.
THIS
SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES,
OR TYPOGRAPHICAL ERRORS. HRG NORTH AMERICA MAY MAKE CHANGES
TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE
PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT
ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS
SITE MAY BE OUT OF DATE, AND HRG NORTH AMERICA MAKES NO COMMITMENT
TO UPDATE SUCH MATERIALS OR SERVICES.
YOU
UNDERSTAND AND ACKNOWLEDGE THAT (i) HRG NORTH AMERICA DOES
NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT,
PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE
SITE, INCLUDING, WITHOUT LIMITATION, THIRD PARTY VENDORS AND
THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) HRG
NORTH AMERICA MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER
ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR
SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD
PARTIES ARE AT YOUR OWN RISK; AND (iv) HRG NORTH AMERICA SHALL
NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR
SERVICES OFFERED BY THIRD PARTIES.
THE
USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY
MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION
AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER
HARM THAT RESULTS FROM SUCH ACTIVITIES. HRG North America
ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR
SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE
SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED
THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM HRG NORTH AMERICA OR THROUGH
OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE TERMS OF USE.
SOME
STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO
THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED
TO NINETY (90) DAYS.
Please be advised that some flights require instant purchase,
otherwise rates cannot be held. Should you receive an error
message "cannot deliver", please contact HRG Leisure
at 800-447-3560.
INTERNATIONAL
USERS
This Site can be accessed from countries around the world
and may contain references to HRG North America products,
services, and programs that are not available in your country.
These references do not imply that HRG North America intends
to announce such products, services, or programs in your country.
The
Site is controlled, operated, and administered by HRG North
America from its offices within the United States of America.
HRG North America makes no representation that the Site, or
the Services or Materials available through it, are appropriate
or available for use at other locations outside the United
States, and access to the Site from territories where the
Site or any of its Services or Materials are illegal is prohibited.
If you access the Site from a location outside the United
States, you are responsible for compliance with all local
laws.
PERSONAL
INFORMATION AND PRIVACY
To learn about how HRG North America protects your personal
information, such as your name and address, refer to the HRG
North America Privacy Policy. Except as set forth in the Privacy
Policy or in the Terms of Use, your personal information will
be deemed to be confidential. Any non-personal information
or material sent to HRG North America will generally be deemed
to NOT be confidential. You understand and agree that we may
disclose information about you if we have a good faith belief
that we are required to do so by law or legal process, to
respond to claims, or to protect the rights, property, or
safety of HRG North America or others, or as stated in our
Privacy Policy.
LIMITATION
OF LIABILITY
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL
HRG NORTH AMERICA, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS,
DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL,
INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES
WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING
FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT HRG NORTH
AMERICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION
WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES,
OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY
ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER
THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR
RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR
LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE
THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB
SITE REFERENCED OR LINKED TO FROM THIS SITE.
SOME
JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE
LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO
YOU.
NOTIFICATION
OF COPYRIGHT INFRINGEMENT
HRG North America will, in appropriate circumstances, terminate
the accounts of users who infringe the intellectual property
rights of others. If you believe that your work has been used
or copied in a way that constitutes copyright infringement
and such infringement is occurring on this Site or on sites
linked to from this Site, please provide HRG North America's
Copyright Agent a Notice containing the following elements:
1. a physical or electronic signature of the person authorized
to act on behalf of the owner of the copyright interest that
is alleged to have been infringed;
2.
a description of the copyrighted work or works that you claim
have been infringed and identification of what material in
such work(s) is claimed to be infringing and which you request
to be removed or access to which is to be disabled;
3. a description of where the material that you claim is infringing
is located on the HRG North America site;
4. information sufficient to permit HRG North America to contact
you, such as your physical address, telephone number, and
e-mail address;
5. a statement by you that you have a good faith belief that
the use of the material identified in your Notice in the manner
complained of is not authorized by the copyright owner, its
agent, or the law;
6. a statement by you that the information in your Notice
is accurate and, under penalty of perjury, that you are the
copyright owner or authorized to act on the copyright owner's
behalf.
INDEMNITY
AND LIABILITY
You agree to indemnify and hold HRG North America, and its
subsidiaries, affiliates, officers, agents, co-branders or
other partners, and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any
third party due to or arising out of content you submit, post
to, or transmit through the Site (including, without limitation,
any User Content, Design Content or computer viruses), your
use of the Site, your connection to the Site, your violation
of the Terms of Use, or your violation of any rights of another
person or entity.
GOVERNING
LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by HRG North
America from its offices within the state of New York, United
States of America. By accessing this Site, you and HRG North
America agree that all matters relating to your access to,
or use of, this Site shall be governed by the statutes and
laws of the State of New York, without regard to the conflicts
of laws principles thereof.
GENERAL
The Terms of Use and the other rules, guidelines, licenses
and disclaimers posted on the Site constitute the entire agreement
between HRG North America and you with respect to your use
of the Site. If for any reason a court of competent jurisdiction
finds any provision of the Terms of Use, or portion thereof,
to be unenforceable, that provision shall be enforced to the
maximum extent permissible so as to effect the intent of the
parties as reflected by that provision, and the remainder
of the Terms of Use shall continue in full force and effect.
Any failure by HRG North America to enforce or exercise any
provision of the Terms of Use or related right shall not constitute
a waiver of that right or provision. The section titles used
in the Terms of Use are purely for convenience and carry with
them no legal or contractual effect.
|