USER AGREEMENT
Please review the following terms and conditions carefully before using this site.
This Terms of Use agreement (the "Terms of Use") is a legally binding contract between you and "Endless Summer Travel" regarding your access to and use of the Endless Summer Travel web site (the "Site"). By accessing the Site, you agree to the terms and conditions as outlined in this legal notice. Endless Summer Travel reserves the right to change these terms and conditions from time to time at its sole discretion by posting such revised terms and conditions on the Site. Your continued use of the Site following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. If you do not agree with any part of the following terms and conditions, you must not use this Site. |
1.) OWNERSHIP. This Site is the property of Endless Summer Travel, its licensors and/or its various third party providers and distributors and is protected by copyright, trademark and other intellectual property laws. Third party providers and distributors of various components of travel, and other leisure travel information providers own much of the content found on the Site. None of the content or data found on this Site may be copied, reproduced, republished, sold, transferred, modified or distributed in any way without the express written permission of Endless Summer Travel, its licensors and/or its third party providers and distributors. Trademarks, logos, images and service marks displayed on the Site are the property of either Endless Summer Travel, or other third parties. You agree not to display or use such marks without Endless Summer Travel prior written permission.
2.) USE OF SITE. You may only use this Site to pursue making legitimate reservations or purchases and shall not use this Site to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand. You may not use any "robot," "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on the Site, in any case without the prior written permission of Endless Summer Travel.
3.) AGE AND RESPONSIBILITY. You represent that you are of sufficient legal age to use this Site and to create binding legal obligations for any liability you may incur as a result of the use of this Site. |
4.) REVIEW OF TRANSMISSIONS. Endless Summer Travel may periodically monitor and review any information transmitted or received through the Site and reserves the right, but does not undertake any obligation, to sensor, edit, remove or prohibit the transmission or receipt of any information that Endless Summer travel deems inappropriate or in violation of this Terms of Use. During monitoring, the information may be examined, recorded or copied, and your use of the Site 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 Site, you grant Endless Summer Travel 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 medium.
5.) LINKS TO OTHER WEB SITES. Sites linked to and from this Site are not necessarily under the control of Endless Summer Travel and Endless Summer Travel shall have no responsibilities or liabilities whatsoever for the content or privacy practices of any such linked site or any link or linking program at any time. Endless Summer Travel does not necessarily endorse companies (or related products or services) to or from which the Site is linked. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk. |
| 6.) EXCLUSION OF WARRANTY. THE SITE, AND THE CONTENTS THEREIN, ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. ENDLESS SUMMER TRAVEL IS NOT RESPONSIBLE FOR (A) THE ACCURACY OF ANY CONTENT ON THE SITE, OR (B) FOR DAMAGES OR LOSS CAUSED BY THE INTERNET, ERRORS OF THE SITE, OR CONTENT ON THE SITE. ENDLESS SUMMER TRAVEL DOES NOT EXERCISE CONTROL OVER ANY THIRD PARTIES THAT PROVIDE CONTENT TO THE SITE AND/OR AN AFFILIATE MEMBER SITE AND THEREFORE PROVIDES NO REPRESENTATIONS AND WARRANTIES REGARDING SAME. ADDITIONALLY, THE SITE MAY BE UNAVAILABLE UNEXPECTEDLY AS A RESULT OF ERRORS OR CIRCUMSTANCES BEYOND THE CONTROL OF ENDLESS SUMMER TRAVEL. |
7.) LIMITATION OF LIABILITY. ENDLESS SUMMER TRAVEL AND ITS DIRECTORS, OFFICERS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE) ARISING OUT OF (A) THE USE OF THE SITE, (B) THE CONTENT ON THE SITE, (C) WEB SITES, AND THE CONTENT THEREIN, LINKED TO THIS SITE, (D) THE GOODS OR SERVICES PROVIDED BY ANY THIRD PARTY THROUGH THE SITE, (E) ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION WITHIN, OR CONTENT OF, THE SITE, AND/OR (F) THE INABILITY TO USE THE SITE AND CONTENT CONTAINED THEREIN (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, GOODWILL OR SAVINGS, DOWNTIME, DAMAGE TO OR REPLACEMENT OF PROGRAMS AND DATA), WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ENDLESS SUMMER TRAVEL CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL AND CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
If, notwithstanding the foregoing, Endless Summer Travel 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 Site or its content or content provided by Endless Summer Travel, Endless Summer Travel's liability shall in no event exceed, in the aggregate, the fees charged by the Site, if any, with respect to which liability is found. In its sole discretion, in addition to any other rights or remedies available to Endless Summer Travel and without any liability whatsoever, Endless Summer Travel at any time and without notice may terminate or restrict your access to any component of this Site. The foregoing terms and conditions shall apply to both contract and negligence claims. |
You agree to indemnify, hold harmless and defend Endless Summer Travel from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
9.) RELATIONSHIP. The relationship between Endless Summer Travel and you will be that of client and business, 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.
10.) GOVERNING LAW. The laws of the State of Ohio, United States of America shall govern this Agreement and its performance. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Portage County, the State of Ohio, United States of America, in all questions and controversies arising out of your use of the Site and this Agreement.
11.) ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
12.) MODIFICATION. Endless Summer Travel may at any time modify these terms and conditions and your continued use of this Site will be conditioned upon the terms and conditions in force at the time of your use.
13.) TERMINATION. Endless Summer Travel may terminate your access to the Site and/or the provision of any of the services offered by Endless Summer Travel at any time for any reason, including any improper use of this Site or your failure to comply with this Terms of Use. Such termination shall not affect any right to relief which Endless Summer Travel and its third party providers and distributors may be entitled to, at law or in equity. Upon termination of this Terms of Use, all rights granted to you will terminate and revert to Endless Summer Travel. |
Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this Site, and you agree to abide by such other terms and conditions.
14.) NOTICE OF AGENCY STATUS Endless Summer Travel, through whom you have (or intend to) purchased your travel products, are acting merely as agents on behalf of the various travel providers. It is our aim to provide you with the best quality product in the market place. However, we cannot bear any responsibility for the fulfillment of the services of the various travel providers, nor for any loss or damage occasioned by failure of any travel provider to perform as promised or to use all reasonable care in the provision of services. We advise all of our clients to purchase travel insurance to protect against operator default, accidents, sickness, trip cancellation, lost or delayed baggage, etc.
15.) TRAVEL DOCUMENTATION All airlines and cruise lines require officially issued photo identification. All travel outside of the United States also requires proof of citizenship and may require a passport and/or visa. Boarding will be denied without the proper identification and citizenship proof.
IN THE EVENT THAT BOARDING IS DENIED FOR LACK OF PROPER ID OR PROOF OF CITIZENSHIP NO REFUNDS WILL BE GIVEN. It is your responsibility to verify what documentation is required for your travel plans.
16.) CANCELLATIONS AND REFUND PENALTIES See Notification on this Site entitled "Refunds and/or Cancellations"
17.) UCC AUTHORIZATION FOR DEBIT/CREDIT CARDS If any portion of your travel has been paid with a credit card or a debit card then a signed UCC (Universal Credit Card Charge Slip) must be on file for each and every transaction applied against your credit card. Documents will not be released until signed UCC's for each and every charge amount are on file with ENDLESS SUMMER TRAVEL. Your statement from your credit card company and/or bank may show charges to more than one vendor but in no event will the sum of these be for more than the total amount agreed upon for your reservation.
18.) MISCELLANEOUS. This Terms of Use constitutes the entire agreement between you and Endless Summer Travel. Additionally, this Terms of Use 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. The headings used in this Terms of Use are included for convenience only.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS TERMS OF USE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND ENDLESS SUMMER TRAVEL WHICH SUPERSEDES ANY PROPOSED OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND ENDLESS SUMMER TRAVEL RELATING TO YOUR USE OF THE SITE.
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