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Website Terms of Use

Last updated on [DATE]

PLEASE READ THESE TERMS OF USE CAREFULLY;  THIS IS A BINDING CONTRACT.  The [LONG COMPANY NAME] website (the "Website") is a service offered by [LONG COMPANY NAME] ("[SHORT COMPANY NAME]").  These Terms of Use describe the terms and conditions applicable to your access and use of the Website.  [SHORT COMPANY NAME] may amend these Terms of Use at any time by posting the amended Terms of Use on our Website, and users are deemed to be apprised of and bound by any changes to the Terms of Use.  [SHORT COMPANY NAME] may make changes in the services described in the Website at any time.  You understand that [SHORT COMPANY NAME] may discontinue or restrict your use of the Website for any reason without notice. 

ABOUT THE INFORMATION ON THIS SITE.  The content available on the Website is intended to be a general information resource and is provided solely on an “AS IS” and “AS AVAILABLE” basis.  You are encouraged to confirm the information contained herein with [SHORT COMPANY NAME] directly.  You should not construe [SHORT COMPANY NAME]'s publication of the content on the Website as a warranty or guarantee of the quality or availability of any travel package, plans, or advice. 

USE OF MATERIALS ON THIS SITE.  [SHORT COMPANY NAME] invites you to view, use and download a single copy of the Website for your informational, non-commercial use.  While you may make limited copies of your travel itinerary (and related documents) for travel or services available on the Website, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, content, or services obtained from the Website.  You also agree not to:

(i)      access, monitor or copy any content or information located on the Website using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of [SHORT COMPANY NAME]; or

(ii)     violate the restrictions in any robot exclusion headers on the Website or bypass or circumvent other measures employed to prevent or limit access to the Website.

LINKS TO THIS SITE AND USE OF MARKS.  The Website may contain links to websites operated by other parties, including websites that give users the ability to purchase or "book" travel arrangements (a service not offered by [SHORT COMPANY NAME]).  [SHORT COMPANY NAME] provides these links to other websites as a convenience, and use of these sites is at your own risk.  The linked sites are not under the control of [SHORT COMPANY NAME], and [SHORT COMPANY NAME] is not responsible for the content available on the other sites.  Such links do not imply [SHORT COMPANY NAME]’s endorsement of information or material on any other site and [SHORT COMPANY NAME] disclaims all liability with regard to your access to and use of such linked Websites. 

Unless otherwise set forth in a written agreement between you and [SHORT COMPANY NAME], you must adhere to [SHORT COMPANY NAME]’s linking policy as follows:  (i) any link to [SHORT COMPANY NAME]’s Website must be a text only link clearly marked “[SHORT COMPANY NAME] Website,” (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with [SHORT COMPANY NAME]’s names and trademarks, (iii) the link must “point” to the URL [COMPANY URL] and not to other pages within the [SHORT COMPANY NAME] Website, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with [SHORT COMPANY NAME], (v) when selected by a user, the link must display the [SHORT COMPANY NAME] Website on full-screen and not within a “frame” on the linking Website, and (vi) [SHORT COMPANY NAME] reserves the right to revoke its consent to the link at any time and in its sole discretion.

TRADEMARKS.  [COMPANY MARKS] are trademark(s)/service mark(s) of [SHORT COMPANY NAME].  Unauthorized use of any [SHORT COMPANY NAME] trademark, service mark or logo may be a violation of federal and state trademark laws.

TRAVEL DESTINATIONS.  Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. [SHORT COMPANY NAME] urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.

ENSEMBLE TRAVEL.  This Website is designed and administered in part by Ensemble Travel, a not-for-profit, member-owned consortium. 

BY OFFERING TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, NEITHER [SHORT COMPANY NAME] NOR ENSEMBLE TRAVEL REPRESENTS OR WARRANTS THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND NEITHER [SHORT COMPANY NAME] NOR ENSEMBLE TRAVEL IS LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

DISCLAIMERS AND LIMITATION OF LIABILITY.  ALL CONTENT ON THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  NEITHER [SHORT COMPANY NAME] NOR ENSEMBLE TRAVEL MAKES ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE.  YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT.  USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK.

NEITHER [SHORT COMPANY NAME] NOR ENSEMBLE TRAVEL MAKES ANY REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.  YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, [SHORT COMPANY NAME] AND ENSEMBLE TRAVEL DISCLAIM ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, EVEN IF [SHORT COMPANY NAME] AND/OR ENSEMBLE TRAVEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

COPYRIGHT. The Website is protected by U.S. and foreign copyright laws.  Except for your informational, personal, non-commercial use as authorized above, you may not modify, reproduce or distribute the content, design or layout of the Website, or individual sections of the content, design or layout of the Website or [SHORT COMPANY NAME] logos without [SHORT COMPANY NAME]’s express written permission.

LOCATION. The [SHORT COMPANY NAME] Website is operated by [SHORT COMPANY NAME] from its offices in the United States.  [SHORT COMPANY NAME] makes no representation that the information in the Website is appropriate or available for use in other locations.  Access to the [SHORT COMPANY NAME] Website from territories where the content of the [SHORT COMPANY NAME] Website may be illegal is prohibited.  Those who choose to access the [SHORT COMPANY NAME] Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

PRIVACY POLICY.  By agreeing to these terms, you agree that [SHORT COMPANY NAME] may use your information as described in our Privacy Policy [LINK TO PRIVACY POLICY].

EMAIL.  E-mail submissions over the Internet may not be secure.  Please do not email [SHORT COMPANY NAME] any personal or confidential information.

EMPLOYMENT OPPORTUNITIES.  [SHORT COMPANY NAME] is committed to the principles of equal employment opportunity.  Applicants are considered for all positions without regard to race, sex, color, religion, national origin, age, disability (so long as such disability can be reasonably accommodated) or any other status protected by applicable law.

ARBITRATION.  Any controversy or claim arising out of or relating to your use of the Website or [SHORT COMPANY NAME]’s services shall be settled by binding arbitration in [COMPANY CITY AND STATE] in accordance with the commercial arbitration rules of the American Arbitration Association.  Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.  Either you or [SHORT COMPANY NAME] may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or property of you or [SHORT COMPANY NAME] pending the completion of arbitration.

CHOICE OF LAW. Any claims relating to the information or services available on the Website will be governed by the laws of [COMPANY STATE], excluding the application of its conflicts of law rules.  If any provision of these Terms of Use are held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. 

MISCELLANEOUS. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.  [SHORT COMPANY NAME]’s failure to act with respect to any failure by you or others to comply with these Terms of Use does not waive [SHORT COMPANY NAME]’s right to act with respect to subsequent or similar failures.  These Terms of Use set forth the entire understanding and agreement between you and [SHORT COMPANY NAME] with respect to the subject matter hereof.  Notwithstanding the foregoing, if you desire to use certain additional services available on the Website, supplemental terms and conditions may apply.

VIOLATIONS AND ADDITIONAL POLICIES.  [SHORT COMPANY NAME] reserves the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth on the Website, including the right to block access from a particular Internet address to the Website. 

Copyright © 2004 [LONG COMPANY NAME].  All rights reserved.