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Privacy
PLEASE READ THESE
TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR OBTAINING ANY
MATERIALS, INFORMATION, PRODUCTS OR SERVICES THROUGH THIS SITE.
Enterprise Webs' sites ("we" or "us") offers access to and
use of our sites to you subject to your acceptance of these terms and
conditions ("Terms"). By accessing, using or obtaining any
content, data, materials, information, products or services through our
site, you agree to observe these Terms. If you do not accept all of
these Terms, then please leave our site now.
1. OWNERSHIP.
We, along with our travel and leisure service and information providers
("Providers"), own and have copyrights on our site and all of its
contents. You will not copy, reproduce, republish, upload, post,
transmit, distribute, sell, transfer or modify any of the content, data,
information or materials found on our site, but you may download,
display and print one (1) copy of the materials presented on our site on
a single computer for your personal, non-commercial use. Trademarks,
logos and service marks displayed on our site ("Marks") are our, and our
Providers', registered and common law Marks. Your use of and access to
our site do not grant you any license or right to use any of the Marks.
2. USE OF SITE.
You are responsible for maintaining the secrecy of your passwords, login
and account information. You will be financially accountable for all
uses of our sites by you and anyone using your password and login
information. You may only use our sites to post or research tour and
tour operator information. You may not use our sites to make any false,
fraudulent or speculative information or to post or transmit 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; or for any other purpose that is unlawful or prohibited by these
Terms. We may, at any time and without advance notice or liability,
terminate or restrict your access to all or any component of our web
sites. We will use our reasonable commercial efforts to keep our sites
available on a 24-hour/7-day-a- week basis, subject to necessary
scheduled downtime for maintenance, unscheduled maintenance and system
outages. Your access to our sites may not be uninterrupted or available
at all times. We cannot promise that our sites will be error-free, that
defects or errors will be corrected or that our sites or the servers
that make it available are free from viruses or other harmful
components. You will not use any device, software or routine that
interferes or attempts to interfere with the normal operation of our
sites or take any action that imposes an unreasonable load on our
computer equipment.
3. PRIVACY.
Your use of our sites is subject to our Privacy
Policy. You have read that privacy policy and it is reasonable and
acceptable to you. Your acceptance of these Terms is also your consent
to the information practices in our privacy policy.
4. LINKS.
Our site may contain links to other sites that we do not operate or
control. We are not responsible for these other sites. We provide these
links for your reference and convenience. We do not endorse the contents
of these other sites. These links are not an indication of our
association with the owners or operators of any of these other sites.
You are free to access these other sites, but you do so at your own
risk. You agree not to create a link from any Web site, including any
site controlled by you, to our site unless so agreed to by us in writing.
5. WARRANTY DISCLAIMER.
WE MAKE NO AND OUR PROVIDERS MAKE NO WARRANTY OF ANY KIND REGARDING
OUR SITES AND/OR ANY CONTENT, DATA, MATERIALS, INFORMATION, PRODUCTS OR
SERVICES PROVIDED ON OUR SITES, ALL OF WHICH ARE PROVIDED ON AN "AS IS"
BASIS. WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT OUR
SITE WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED. WE FURTHER DISCLAIM
ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY
CONTENT OR INFORMATION FOUND ON OUR SITES. WE EXPRESSLY DISCLAIM AND OUR
PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY
STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF
TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO
THIS WARRANTY DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU.
6. LIMITATION OF LIABILITY.
WE WILL NOT BE, AND OUR PROVIDERS WILL NOT BE, RESPONSIBLE OR LIABLE FOR
(A) ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR
OTHER PROPERTY AS THE RESULT OF YOUR ACCESS TO, USE OF OR BROWSING IN
OUR SITES OR YOUR DOWNLOADING OF ANY CONTENT, INFORMATION, MATERIALS,
DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM OUR SITE OR (B) ANY INJURY,
LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT
LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT,
TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY
CONNECTED WITH (I) ANY USE OF OUR SITE OR CONTENT, DATA, MATERIALS OR
INFORMATION FOUND THEREIN, (II) ANY FAILURE OR DELAY (INCLUDING WITHOUT
LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR
RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE OR NON PERFORMANCE
BY US OR ANY PROVIDER, EVEN IF WE HAVE BEEN OR A PROVIDER HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER
PARTY. This disclaimer of liability applies to any damages or injury
caused by any failure of performance, error, omission, interruption,
deletion, defect, delay in operation or transmission, computer virus,
communication line failure, theft or destruction or unauthorized access
to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
If, despite the limitation above, we are
or a Provider is found liable for any loss or damage which arises out of
or is in any way connected with any of the occurrences described in the
limitation above, then our liability and the Providers’ liability will
in no event exceed, in total, the sum of US$250.00. Some states do not
allow the limitation of liability, so the limitations above may not
apply to you.
7. INDEMNIFICATION.
You will defend and indemnify us and any Provider and each of our
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 you or on your behalf in excess of the
liability described above or by third parties as a result of your breach
of these Terms or the documents made part of these Terms by reference,
your violation of any law or the rights of a third party or your use of
our sites.
8. GENERAL.
The headings in these Terms are for your convenience and reference.
These headings do not limit or affect these Terms. Your acceptance of
these Terms and use of our site do not create a joint venture,
partnership, employment or agency relationship with us. You may not
assign, delegate or transfer your rights or obligations under these
Terms. We may modify these Terms, at any time, by posting conspicuous
notice on our site at least thirty (30) days before any modification
becomes effective. Your continued use of our sites, following the
posting of conspicuous notice of any modification, will be subject the
Terms in effect at the time of your use. You will review these Terms
periodically. Your continued use of our site, following the posting of
conspicuous notice of any modification, will be your acceptance of the
modified Terms. Except as described in the preceding sentences, you and
we can only modify these Terms in a written document signed or otherwise
accepted by you and by us. If a court finds any of these Terms to be
unenforceable or invalid, that Term will be enforced to the fullest
extent permitted by applicable law and the other Terms will remain valid
and enforceable. These Terms, together with those items made a part of
these terms by reference, make up the entire agreement between us
relating to your use of our sites, and replaces any prior understandings
or agreements (whether oral or written) regarding your use of our site.
The laws of the State of California (USA), without regard to its
conflict of laws rules, will govern these terms and conditions, as well
as your and our observance of them. If you take any legal action
relating to your use of our sites or these Terms, you agree to file such
action only in the state and federal courts located in Sonoma County,
California (USA). In any such action or any action we may initiate, the
prevailing party will be entitled to recover all legal expenses incurred
in connection with the action, including but not limited to costs, both
taxable and non-taxable, and reasonable attorneys’ fees.
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