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Explorient.com
provides the content and services available on our site to you subject
to the following terms and conditions ("Terms and Conditions"). By
accessing or using our site, "the Site", you are acknowledging that you
have read, understand, and agree, without limitation or qualification,
to be bound by these Terms and Conditions which include our
Privacy Policy. These Terms and
Conditions were last updated on 10/30/2006.
1. PRIVACY
Please review our
Privacy Policy which also governs your
visit to the Site, so that you may understand our privacy practices.
2. ACCURACY
OF INFORMATION
We attempt to be as accurate as possible when describing the contents of
our products on the Site; however, to the extent permitted by applicable
law, we do not warrant that the descriptions of our products, or other
content available on our site are accurate, complete, reliable, current,
or error-free.
3. INTELLECTUAL PROPERTY
All content available on our site,
including but not limited to text, graphics, logos, button icons,
images, audio clips, data compilations and software, and the compilation
thereof (collectively, the "Content") is the property of Explorient, our
partners or service providers, and is protected by United States and
international copyright laws.
The trademarks, logos, and service marks displayed on the Explorient.com
site (collectively, the "Trademarks") are the registered and
unregistered marks of Explorient, our affiliates, partners or licensors,
in the United States and other countries, and are protected by United
States and international trademark laws. Except as set forth in the
limited licenses in Section 5 below, or as required under applicable
law, neither the Content or Trademarks nor any portion of our site may
be used, reproduced, duplicated, copied, sold, resold, accessed,
modified, or otherwise exploited, in whole or in part, for any purpose
without our prior written consent.
4. LIMITED LICENSES
We grant you a limited, revocable, and non-exclusive license to access
and make personal use of our site. This limited license does not include
the right to: (i) frame or utilize framing techniques to enclose the
Site or any portion thereof; (ii) modify or download the Site or Content
(except caching or as necessary to view the Site); (iii) make any use of
the Site or Content other than personal use; (iv) create any derivative
work based upon either the Site or Content; (v) collect account
information for the benefit of yourself or another party; (vi) use any
meta tags or any other "hidden text" utilizing our name or the
Trademarks or to otherwise use the Trademarks; or (vi) use software
robots, spiders, crawlers, or similar data gathering and extraction
tools, or take any other action that may impose an unreasonable burden
or load on our infrastructure.
We also grant you a limited, revocable, and nonexclusive license to
create a hyperlink to the home page of the Site for personal,
non-commercial use only. A website that links to the Site (i) may link
to, but not replicate, our Content; (ii) may not imply that we are
endorsing such website or its services or products; (iii) may not
misrepresent its relationship with us; (iv) may not contain content that
could be construed as distasteful, obscene, offensive or controversial,
and may contain only content that is lawful and appropriate for all
ages; (v) may not portray us or our products or services, in a false,
misleading, derogatory, or otherwise offensive or objectionable manner,
or associate us with undesirable products, services, or opinions; (vi)
may not use any Trademark; and (vii) may not link to any page of the
Site other than the home page. We may, in our sole discretion, request
that you remove any link to the Site, and upon receipt of such request,
you shall immediately remove such link.
Any unauthorized use by you of the Site terminates the limited licenses
set forth in this Section 5 without prejudice to any other remedy
provided by applicable law or these Terms and Conditions.
5. YOUR OBLIGATIONS AND RESPONSIBILITIES
In the access or use of the Site, you shall comply with these Terms and
Conditions and the special warnings or instructions for access or use
posted on the Site. You shall act always in accordance with the law,
custom and in good faith. You may not make any change or alteration to
the Site or any Content or services that may appear on this Site and may
not impair in any way the integrity or operation of the Site. Without
limiting the generality of any other provision of these Terms and
Conditions, if you default negligently or willfully in any of the
obligations set forth in these Terms and Conditions (including our
Privacy Policy), you shall be liable for
all the losses and damages that this may cause to Explorient, our
service providers, partners or licensors.
6. SUBMISSIONS
It is our policy to decline unsolicited suggestions and ideas.
Notwithstanding our policy with regard to unsolicited suggestions and
ideas, any inquiries, feedback, suggestions, ideas or other information
you provide us (collectively, "Submissions") will be treated as
non-proprietary and non-confidential. Subject to the terms of our
Privacy Policy by transmitting or
posting any Submission, you hereby grant us a nonexclusive,
royalty-free, perpetual, transferable, irrevocable, and fully sub
licensable right to use, reproduce, modify, adapt, publish, sell,
assign, translate, create derivative works from, distribute and display
any Submission in any form, media, or technology, whether now known or
hereafter developed, alone or as part of other works. You also
acknowledge that your Submission may not be returned and we may use your
Submission, and any ideas, concepts or know how contained therein, for
any purpose including, without limitation, developing, manufacturing,
distributing and marketing products.
If you make a Submission, you represent and warrant that you own or
otherwise control the rights to your Submission. You further represent
and warrant that such Submission does not constitute or contain software
viruses, commercial solicitation, chain letters, mass mailings, or any
form of "spam." You may not use a false email address, impersonate any
person or entity, or otherwise mislead us as to the origin of any
Submission. You agree to indemnify us for all claims arising from or in
connection with any claims to any rights in any Submission.
7. REPRESENTATIONS AND WARRANTIES;
LIMITATION OF LIABILITY
THE SITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE
TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A
PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND
WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE
WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR
OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF
BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c)
DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER
MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF
DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (E)
COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN
CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR
FROM THIRD PARTY WEBSITES (F) ANY INACCURACIES OR OMISSIONS IN CONTENT
OR (G) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM
OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR
MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
8. INDEMNIFICATION
You agree to defend, indemnify and hold us harmless for any loss,
damages or costs, including reasonable attorneys' fees, resulting from
any third party claim, action, or demand resulting from your use of the
Site. You also agree to indemnify us for any loss, damages, or costs,
including reasonable attorneys' fees, resulting from your use of
software robots, spiders, crawlers, or similar data gathering and
extraction tools, or any other action you take that imposes an
unreasonable burden or load on our infrastructure.
9. DISPUTES
With respect to any dispute regarding the Site, all rights and
obligations and all actions contemplated by these Terms and Conditions
shall be governed by the laws of New York, as if the Terms and
Conditions were a contract wholly entered into and wholly performed
within New York. Any dispute relating in any way to your visit to the
Site shall be submitted to confidential arbitration in New York, except
that, to the extent you have in any manner violated or threatened to
violate our intellectual property rights or the intellectual property
rights of our affiliates, partners or licensors, we may seek injunctive
or other appropriate relief in any court and you consent to exclusive
jurisdiction and venue in any such court. Arbitration under this
agreement shall be conducted under the rules then prevailing of the
American Arbitration Association. The arbitrator's award shall be
binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no
arbitration under this Agreement shall be joined to an arbitration
involving any other party subject to this Agreement, whether through
class arbitration proceedings or otherwise.
10. GENERAL
You acknowledge and agree that these Terms and Conditions, which include
our Privacy Policy, constitute the
complete and exclusive agreement between us concerning your use of the
Site, and supersede and govern all prior proposals, agreements, or other
communications.
We reserve the right, in our sole discretion, to change these Terms and
Conditions at any time by posting the changes on the Site. Any changes
are effective immediately upon posting to the Site. Your continued use
of the Site constitutes your agreement to all such terms and conditions.
We may, with or without prior notice, terminate any of the rights
granted by these Terms and Conditions. You shall comply immediately with
any termination or other notice, including, as applicable, by ceasing
all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as
creating any agency, partnership, or other form of joint enterprise
between us. Our failure to require your performance of any provision
hereof shall not affect our full right to require such performance at
any time thereafter, nor shall our waiver of a breach of any provision
hereof be taken or held to be a waiver of the provision itself. In the
event that any provision of these Terms and Conditions shall be
unenforceable or invalid under any applicable law or be so held by any
applicable arbitral award or court decision, such unenforceability or
invalidity shall not render these Terms and Conditions unenforceable or
invalid as a whole. We will amend or replace such provision with one
that is valid and enforceable and which achieves, to the extent
possible, our original objectives and intent as reflected in the
original provision.
If you have any questions regarding these Terms and Conditions, please
email us at info@Explorient.com
Copyright © 2007 Explorient Travel Services. All worldwide rights
reserved.
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