IAN.COM, L.P.
USER AGREEMENT
This
website is offered to you, the customer, conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein. Your use of
this website constitutes your agreement to all such terms, conditions, and
notices.
PERSONAL AND NONCOMMERCIAL USE
LIMITATION
This
website is for your personal and noncommercial use. The content and information
on this website (including, without limitation, price and availability of travel
services), as well as the infrastructure used to provide such content and
information, is proprietary to IAN.com, L.P. or its suppliers and providers.
Accordingly, as a condition of using this website, you agree not to use this
website or its contents or information for any commercial or non-personal
purpose (direct or indirect). While you may make limited copies of your travel
itinerary (and related documents) for travel or services purchased through this
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, software, products, or services obtained from this
website. In addition, whether or not you have a commercial purpose, you agree
not to:
(i)
access, monitor or copy any content or information of this website using any
robot, spider, scraper or other automated means or any manual process for any
purpose without express written permission of IAN.com,
L.P.;
(ii)
violate the restrictions in any robot exclusion headers on this website or
bypass or circumvent other measures employed to prevent or limit access to this
website;
(iii)
take any action that imposes, or may impose, in the discretion of IAN.com, L.P.,
an unreasonable or disproportionately large load on the IAN.com, L.P.
infrastructure; or
(iv)
deep-link to any portion of this website (including, without limitation, the
purchase path for any travel services) for any purpose without express written
permission of IAN.com, L.P.
COPYRIGHT AND TRADEMARK NOTICES
All
contents of this website are: ©2003 IAN.com, L.P., 10440 North Central
Expressway,
Suite
400, Dallas, Texas
75231 USA. All rights reserved. IAN.com and
IAN.com logo are registered trademarks or trademarks of IAN.com, L.P. Other
product and company names mentioned herein may be the trademarks of their
respective owners.
LIABILITY
DISCLAIMER
THE
INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY
INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, IAN.COM, L.P. AND
ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR
INACCURACIES RELATING TO HOTEL AND OTHER SUPPLIER PHOTOGRAPHS, HOTEL PROPERTY,
CRUISE, AUTOMOBILE AND OTHER PRODUCT DESCRIPTIONS AND LISTS OF HOTEL AMENITIES
AND OTHER PRODUCT DESCRIPTIONS DISPLAYED ON THIS WEBSITE, MUCH OF WHICH
INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. HOTEL RATINGS DISPLAYED ON
THIS WEBSITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND IAN.COM, L.P. AND ITS
AFFILIATES DO NOT GUARANTEE THE ACCUARACY OF THE RATINGS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION HEREIN. IAN.COM, L.P., ITS AFFILIATES,
AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS
WEBSITE AT ANY TIME.
IAN.COM,
L.P., ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES
CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING FOR
SALE OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY
ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY IAN.COM, L.P. OR
ITS AFFILIATES.. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. IAN.COM, L.P., ITS AFFILIATES,
AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NONINFRINGEMENT.
THE
CARRIERS, HOTELS AND OTHER SUPLIERS PROVIDING TRAVEL OR OTHER SERVICES FOR
IAN.COM, L.P. ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF
IAN.COM, L.P. OR ITS AFFILIATES. IAN.COM, L.P. AND ITS AFFILIATES ARE NOT LIABLE
FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR
NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIEIS, DEATH, PROPERTY
DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. IAN.COM, L.P. AND ITS
AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY,
CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR
DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE,
OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR
AUTHORITY.
IN NO
EVENT SHALL IAN.COM, L.P., ITS AFFILIATES, AND/OR THEIR RESPECTIVE 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 WEBSITE OR
WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE
ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT
LIABILITY, OR OTHERWISE, EVEN IF IAN.COM, L.P., ITS AFFILIATES, AND/OR THEIR
RESPECTIVE SUPPLIERS HAVE 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.
INDEMNIFICATION
You
agree to defend and indemnify IAN.com, L.P., its affiliates, and/or their
respective suppliers and any of their officers, directors, employees and agents
from and against any claims, causes of action, demands, recoveries, losses,
damages, fines, penalties or other costs or expenses of any kind or nature
including but not limited to reasonable legal and accounting fees, brought
by
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(i) you or on your behalf in excess
of the liability described above; or |
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(ii) by third parties as a result
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(a) your breach of this agreement
or the documents referenced herein; |
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(b) your violation of any law or
the rights of a third party; or |
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(c) your use of this website. |
NO UNLAWFUL OR PROHIBITED
USE
As a
condition of your use of this website, you warrant that you will not use this
website for any purpose that is unlawful or prohibited by these terms,
conditions, and notices.
LINKS TO THIRD-PARTY
SITES
This
website may contain hyperlinks to websites operated by parties other than
IAN.com, L.P. Such hyperlinks are provided for your reference only. IAN.com,
L.P. does not control such websites and is not responsible for their contents or
your use of them. IAN.com, L.P.'s inclusion of hyperlinks to such websites does
not imply any endorsement of the material on such websites or any association
with their operators.
SOFTWARE AVAILABLE ON THIS
WEBSITE
Any
software that is made available to download from this website ("Software") is
the copyrighted work of IAN.com, L.P., its affiliates, and/or their suppliers.
Your use of the Software is governed by the terms of the end user license
agreement, if any, which accompanies, or is included with, the Software
("License Agreement"). You may not install or use any Software that is
accompanied by or includes a License Agreement unless you first agree to the
License Agreement terms.
For any
Software not accompanied by a License Agreement, IAN.com, L.P. hereby grants to
you, the user, a personal, nontransferable license to use the Software for
viewing and otherwise using this website in accordance with these terms and
conditions and for no other purpose.
Please
note that all Software, including, without limitation, all HTML code and Active
X controls contained on this website, is owned by IAN.com, L.P., its affiliates,
and/or their suppliers, and is protected by copyright laws and international
treaty provisions. Any reproduction or redistribution of the Software is
expressly prohibited by law, and may result in severe civil and criminal
penalties. Violators will be prosecuted to the maximum extent
possible.
WITHOUT
LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER
SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PROHIBITED. THE SOFTWARE IS WARRANTEED, IF AT ALL, ONLY ACCORDING TO THE TERMS
OF THE LICENSE AGREEMENT.
You
acknowledge that the Software and any accompanying documentation and/or
technical information are subject to applicable export control laws and
regulations of the
USA. You agree not to
export or reexport the Software, directly or indirectly, to any countries that
are subject to USA export
restrictions.
TERMS, CONDITIONS AND
WARRANTIES
Tax Recovery
Charge
The tax
charge on IAN.com Special Internet Rate hotel transactions is a recovery of all
applicable transaction taxes (e.g. sales and use, occupancy, room tax, excise
tax, value added tax, etc) that IAN.com’s affiliate Hotels.com, L.P. pays to the
vendors (e.g. hotels, etc.) in connection with your travel
arrangements.
IAN.com
is not the vendor collecting and remitting said tax to the applicable tax
authorities. The vendors bill all applicable taxes to IAN.com’s affiliate
Hotels.com, L.P. and Hotels.com. L.P. remits such tax directly to the vendor.
Neither IAN.com nor Hotels.com, L.P. is a co-vendor associated with the vendor
with whom we book or reserve our customer's travel
arrangements.
Taxability and the appropriate tax rate vary greatly by
location. Hotel.com, L.P.’s actual tax cost paid to the vendor may vary from the
tax recovery charge, depending upon the rates, taxability, etc. in effect at the
time of the actual use of the hotel, automobile, etc. by our
customer.
Service
Fee
These
fees cover the costs incurred by IAN.com in servicing your travel
reservation.
Travel
Destinations
Although
most travel, including travel to international destinations, is completed
without incident, travel to certain destinations may involve greater risk than
others. IAN.com, L.P. 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.
BY
OFFERING FOR
SALE TRAVEL TO PARTICULAR
INTERNATIONAL DESTINATIONS, IAN.com, L.P. DOES NOT REPRESENT OR WARRANT THAT
TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR
DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH
DESTINATIONS.
MODIFICATION OF THESE TERMS AND
CONDITIONS
IAN.com,
L.P. reserves the right to change the terms, conditions, and notices under which
this website is offered and you agree to accept and be bound by those terms,
conditions, and notices that are in effect at the time of your use of IAN.com’s
website and facilities.
GENERAL
This
agreement is governed by the laws of the State of
Texas, USA. You hereby consent to
the exclusive jurisdiction and venue of courts in Dallas County, Texas, USA, in all disputes arising out of
or relating to the use of this website. Use of this website 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 IAN.com, L.P. as a result of this agreement or use of
this website.
IAN.com,
L.P.'s performance of this agreement is subject to existing laws and legal
process, and nothing contained in this agreement is in derogation of IAN.com,
L.P.'s right to comply with law enforcement requests or requirements relating to
your use of this website or information provided to or gathered by IAN.com, L.P.
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 agreement shall
continue in effect.
This
agreement (and any other terms and conditions referenced herein) constitutes the
entire agreement between the customer and IAN.com, L.P. with respect to this
website and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral, or written, between the customer and
IAN.com, L.P. with respect to this website. 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 IAN.COM
WEBSITE
The
IAN.com website 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 website in
accordance with all terms and conditions herein. You agree to be financially
responsible for all of your use of this website (as well as for use of your
account by others, including, without limitation, minors living with you). You
agree to supervise all usage of this website by minors under your name or
account. You also warrant that all information supplied by you or members of
your household in using this website 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 website 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 this website 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 any supplier with whom you elect to
deal, including, but not limited to, payment of all amounts when due and
compliance with the supplier's rules and restrictions regarding availability and
use of fares, products, or services. You understand that any violation of any
such supplier’s conditions of purchase may result in cancellation of your
reservation(s) or purchase, in your being denied access to any flights, hotels,
or automobiles, in your forfeiting any monies paid for such reservation(s) or
purchase, and in IAN.com debiting your account for any costs IAN.com incurs as a
result of such violation. You shall be completely responsible for all charges,
fees, duties, taxes, and assessments arising out of the use of this
website.
CURRENCY
CONVERTER
Currency
rates are based on various publicly available sources and should be used as
guidelines only. Rates are not verified as accurate, and actual rates may vary.
Currency quotes are not updated every day. Check the date on the Currency
Converter for the day that currency was last updated. The information supplied
by this application is believed to be accurate, but IAN.com, L.P., its
affiliates, and/or their suppliers do not warrant or guarantee such accuracy.
When using this information for any financial purpose, IAN.com, L.P. advises the
customer to consult a qualified professional to verify the accuracy of the
currency rates. IAN.com, L.P., its affiliates, and/or their suppliers do not
authorize the use of this information for any purpose other than personal use
and prohibit to the maximum extent allowable the resale, redistribution, and use
of this information for commercial purposes.
©2003
IAN.com, L.P. All rights reserved.
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