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Website Terms and
Conditions
PLEASE READ THESE TERMS
AND CONDITIONS OF USE CAREFULLY BEFORE USING OR OBTAINING ANY MATERIALS,
INFORMATION, PRODUCTS OR SERVICES THROUGH OUR SITE at
www.globaltravel.com.
Global Travel
International, Inc., a Florida corporation ("GTI"), offers access to and use of
the Internet website located at the URL
www.globaltravel.com ("www.globaltravel.com"),
subject to your acceptance of these terms and conditions ("Terms"). By
accessing, using or obtaining any content, data, materials, information,
products or services through www.globaltravel.com,
you agree to accept these Terms. If you do not accept all of these Terms, then
please do not visit www.globaltravel.com.
Applicability
of these Terms
These Terms are intended to apply to you, GTI, GTI's affiliates and all
Internet websites owned and operated by GTI and GTI's affiliates, including,
but not limited to, www.globaltravel.com.
By accessing and using
www.globaltravel.com (other than to read these Terms), you agree to
comply with all of the terms and conditions of these Terms, including any
changes or revisions to these Terms, which GTI, in its sole discretion, may
make in the future.
YOU AGREE TO READ THESE
TERMS AND CONDITIONS CAREFULLY BEFORE USING
www.globaltravel.com. If you do not agree to these Terms, you may not
access or otherwise use www.globaltravel.com.
In order to determine
your compliance with these Terms, GTI may monitor your access and use of
www.globaltravel.com in accordance with GTI's Privacy Policy for
www.globaltravel.com located at the URL
www.globaltravel.com.
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Your
Right to Access and Use
www.globaltravel.com
Your right to access and use
www.globaltravel.com is personal to you and is not transferable by you
to any other person or entity. You are only entitled to access and use
www.globaltravel.com for lawful purposes and pursuant to the terms and
conditions of these Terms. You may only use
www.globaltravel.com if you are at least 18 years of age and can enter
into binding contracts (www.globaltravel.com
is not available for use by minors).
You are responsible for
maintaining the secrecy of your passwords, usernames, login and account
information. You are financially responsible for all uses of
www.globaltravel.com by you and anyone using your password, login,
username and account information.
You may only use
www.globaltravel.com to make legitimate reservations or purchases. You
may not use www.globaltravel.com:
to make any false, fraudulent or speculative reservation or any reservation in
anticipation of demand; 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.
Your access and use of
www.globaltravel.com may be interrupted from time to time for any of
several reasons, including, but not limited to, the malfunction of GTI's
equipment, periodic updating, maintenance or repair activities that GTI may
undertake from time to time, or other actions that GTI, in its sole discretion,
may elect to take.
GTI reserves the right
to suspend or discontinue the availability of
www.globaltravel.com for access and use at any time in its sole
discretion and without prior notice to you. For example, GTI may terminate user
access or suspend any user's access to all or part of
www.globaltravel.com, without notice, for any conduct that GTI, in its
sole discretion, believes violates any applicable law or is harmful to GTI, a
travel service supplier or a third party licenser.
GTI also reserves the
right to change, suspend or discontinue any aspect of
www.globaltravel.com at any time, including the availability of any of
www.globaltravel.com's features, database, or Content (as defined
below) and will provide reasonable notice of such changes on
www.globaltravel.com. GTI may also impose limits on features or
restrict access to parts of www.globaltravel.com.
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Additional
Terms
Additional terms and conditions may apply to reservations, purchases of goods
and services and other uses of portions of GTI's websites, and you agree to
abide by such other terms and conditions.
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Privacy
Policy
Your use of www.globaltravel.com
is subject to GTI's Privacy Policy for
www.globaltravel.com located at the URL
www.globaltravel.com. Your acceptance of these Terms is also your
consent to the information practices contained in GTI's Privacy Policy.
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Your
Registration with
www.globaltravel.com
Certain features of www.globaltravel.com
are accessible only to representatives of GTI. The right to become a
representative of GTI and to be issued a username or personal identification
number ("PIN") by GTI is available only to those individuals who provide to GTI
the requested accurate, complete and current personal information. You must
inform GTI of any changes to or updates of any personal information that you
provide to GTI. You can submit changes or updates to GTI at
service@gticorporate.com. GTI reserves the right to deny or revoke
issuance of any username or PIN at any time and without prior notice.
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Your
Compliance with these Terms
Any action by you that, in GTI's sole discretion, violates the terms
and conditions of these Terms, or restricts, inhibits or prevents any third
party from accessing, using or enjoying
www.globaltravel.com, or through the use of
www.globaltravel.com, defames, abuses, harasses, offends or threatens
any other user or third party, shall not be permitted, and may result in your
loss of the right to access and use of
www.globaltravel.com. You shall not provide links to or frame
www.globaltravel.com without the prior express written permission of
GTI.
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Your
Transmissions, Submissions and Postings to
www.globaltravel.com
If you transmit, submit or post information to
www.globaltravel.com, you automatically grant GTI the royalty-free,
non-exclusive right and license to use, copy, format, adapt and publicly
display such information (in whole or in part) worldwide, and/or to incorporate
the same in other Content (defined below) and/or works in any form, media or
technology now known or developed in the future. GTI may, in its sole
discretion, edit, refuse to post or remove any information you transmit, submit
or post to www.globaltravel.com.
You shall not transmit,
submit or post information to
www.globaltravel.com that contains any viruses, worms, Trojan horses,
trap doors, back doors, easter eggs, time bombs, cancelbots or other code or
computer programming routines that contain contaminating or destructive
properties or that are intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or personal
information. Pursuant to GTI's Privacy Policy for
www.globaltravel.com located at the URL
www.globaltravel.com, GTI may monitor any transmissions, submissions or
postings by you to determine, in its sole discretion, your compliance with
these Terms. GTI may, at its option, tape and record any conversation that may
occur between you and GTI.
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GTI's
Intellectual Property Rights
The names "GTI" and "globaltravel.com" and the GTI and globaltravel.com logos
and graphics are trademarks of GTI, and may not be used by you without the
prior express written permission of GTI, which permission may be withheld in
GTI's sole discretion. All information, including, without limitation text,
graphics, software and all HTML, CGI and other codes and scripts in any format
viewable, contained in, downloadable from or used to implement
www.globaltravel.com ("Content") are the property of GTI or its
licensers. All Content of www.globaltravel.com
is copyright 2003, Global Travel International, Inc. and/or its suppliers. All
rights reserved. GTI owns a copyright of a collective work in the selection,
coordination, arrangement, presentation, display and enhancement of the
Content. Other product and company names mentioned herein may be the trademarks
of their respective owners.
Our Reservation Centers
and websites, and each of their modules, together with the arrangement and
compilation of the content found on
www.globaltravel.com, is the copyrighted property of GTI ("GTI") and/or
its various third party providers and distributors. Much of the Content found
on our websites is owned by third party providers and distributors and,
specifically, certain data relating to schedules is the copyrighted work of
Official Airline Guides, Inc. and other information providers. In addition, the
trademarks, logos and service marks displayed on
www.globaltravel.com (collectively, the "Trademarks") are registered
and common law Trademarks of GTI, its affiliates, and various third parties.
Nothing contained on www.globaltravel.com
should be construed as granting, by implication, estoppel, or otherwise, any
license or right to use any of the Trademarks without the written permission of
GTI, or such other party that may own the Trademarks. AAA trademarks and
service marks, including AAA and the Diamond Ratings trademarks and service
marks ("AAA Marks"), are owned by the American Automobile Association ("AAA").
As a GTI user, you may view and search the AAA Marks but are prohibited from
using the AAA Marks in any non-GTI application without first obtaining AAA's
consent.
The Content on
www.globaltravel.com is for personal use only. You may not copy,
modify, upload, download, transmit (re)publish, or otherwise distribute any
Content from www.globaltravel.com
except as expressly permitted by these Terms. Doing so will violate GTI's
copyright, trademark and other proprietary rights.
Viewing, reading,
printing, downloading or otherwise using the Content in accordance with these
Terms does not entitle you to any ownership or intellectual property rights to
the Content.
You shall be solely
responsible for any damage resulting from your infringement of GTI's
intellectual property rights regarding the "GTI" and "globaltravel.com" names,
the GTI and globaltravel.com logos and graphics, and/or the Content, and/or any
other harm incurred by GTI as a direct or indirect result of your copying,
distributing, redistributing, transmitting, publishing or using the same for
purposes that are contrary to the terms and conditions of these Terms.
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Your
Use of the Content
Without the prior written consent of GTI, you may only print, download
or otherwise use the Content in the form of: (i) one machine-readable copy;
(ii) one backup copy; and (iii) one print copy, for your non-commercial use;
provided, however, that you shall not delete any proprietary notices or
materials with regard to the foregoing manifestations of the Content.
Except as otherwise
permitted under the copyright laws of the United States and GTI membership
Terms and Conditions, no other copying, distribution, redistribution,
transmission, publication or use, other than the non-commercial use of the
Content as permitted by these Terms, is permitted by you without the express
prior written permission of GTI, which permission may be withheld in GTI's sole
discretion.
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GTI
Makes No Representations or Warranties Regarding the Content
The Content is being provided to you on an "as-is" basis. GTI does not
make any representations, warranties or guarantees, express or implied,
regarding the accuracy, correctness, or completeness of the Content, nor the
safety, reliability, title, merchantability, conformity or fitness for a
particular purpose of the Content. It is your sole responsibility to
independently evaluate the accuracy, correctness or completeness of the Content
on www.globaltravel.com.
GTI makes no
representation, warranty or guarantee that the Content that may be available
for downloading from www.globaltravel.com
is free of infection from any viruses, worms, Trojan horses, trap doors, back
doors, easter eggs, time bombs, cancelbots or other code or computer
programming routines that contain contaminating or destructive properties or
that are intended to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or personal information.
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Links
www.globaltravel.com may
contain hyperlinks to sites that GTI does not operate or control. Such links
are provided for your reference only. GTI is not responsible for the contents
of such websites. GTI's inclusion of hyperlinks to such websites does not imply
any endorsement of the material on such websites or any association with such
websites. If you decide to access other websites, you do so at your own risk.
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Your
Responsibility for Equipment and Related Costs
You are responsible for obtaining and maintaining all telephone, computer
hardware, Internet access services and other equipment or services needed to
access and use www.globaltravel.com,
and all costs and fees associated with Internet access or long distance charges
incurred with regard to your access and use of
www.globaltravel.com.
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Warranty
Disclaimers
GTI MAKES NO, AND GTI'S PROVIDERS MAKE, NO WARRANTY OF ANY KIND REGARDING
www.globaltravel.com AND/OR ANY CONTENT, DATA, MATERIALS, INFORMATION,
PRODUCTS OR SERVICES PROVIDED ON
www.globaltravel.com, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS.
GTI EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT
www.globaltravel.com 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
www.globaltravel.com. GTI EXPRESSLY DISCLAIMS AND GTI'S 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.
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Limitations
on GTI's Liability
GTI WILL NOT BE, AND GTI'S PROVIDERS WILL NOT BE, RESPONSIBLE OR
LIABLE FOR (i) 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 www.globaltravel.com
OR YOUR DOWNLOADING OF ANY CONTENT, INFORMATION, MATERIALS, DATA, TEXT, IMAGES,
VIDEO OR AUDIO FROM www.globaltravel.com
OR (ii) 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 (a) ANY USE OF www.globaltravel.com
OR CONTENT, DATA, MATERIALS OR INFORMATION FOUND THEREIN, (b) ANY FAILURE OR
DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY
COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING), OR (c) THE PERFORMANCE
OR NON PERFORMANCE BY GTI OR ANY PROVIDER, EVEN IF GTI HAS 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, tortuous behavior, negligence, or under any other cause
of action.
If, despite the
limitation above, GTI 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.
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You
Must Indemnify GTI
You shall defend, indemnify and hold harmless GTI and its officers, directors,
shareholders, employees, independent contractors, agents, representatives and
affiliates from and against all claims and expenses, including, but not limited
to, attorneys' fees, arising out of, or attributable to: (i) any breach or
violation of these Terms by you; (ii) your failure to provide accurate,
complete and current personal information requested pursuant to registration;
(iii) your access or use of www.globaltravel.com;
and/or (iv) access or use of www.globaltravel.com
under any login, username or password that may be issued to you.
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Third
Party Rights Under these Terms
These Terms are for the benefit of GTI and GTI's affiliates, each of which
shall have the right to enforce and assert the terms and conditions of these
Terms directly against you on behalf of GTI.
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Amendments
of these Terms
GTI reserves the right to amend these Terms at any time in its sole discretion
and without notice. Changes, revisions or deletions with regard to these Terms
shall be effective immediately upon their inclusion in, or deletion from, these
Terms, and the posting of the same in these Terms on
www.globaltravel.com.
You are encouraged to
revisit the Terms at www.globaltravel.com
from time to time in order to review any changes that have been made. Your
continued access and use of www.globaltravel.com
following the posting of any such changes shall automatically be deemed your
acceptance of the same.
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Termination
of these Terms
You may terminate or opt out of these Terms at any time by contacting
GTI at service@gticorporate.com.
Termination or opting out of these Terms by you shall result in your loss of
the right to access and use www.globaltravel.com.
GTI may terminate these
Terms or any login, username or password that may be issued to you, at any
time, without prior notice, for any reason, or for no reason, which shall not
be required to be disclosed to you. Such termination shall not affect any right
to relief to which GTI and its third party providers and distributors may be
entitled, at law or in equity. Upon termination of these Terms, all rights
granted to you will terminate and revert to GTI and its third party providers
or distributors, as applicable.
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Arbitration
and Governing Law
In the event of a dispute between You and GTI, You and GTI agree that
a prompt and fair resolution, without the time and expense of formal court
proceedings, would be in both parties' mutual interests. Except as expressly
provided in the following section titled "Injunctive Relief", all disputes
shall be submitted to final and binding arbitration to be conducted in Orange
County, Florida, or a location closest to Orange County, Florida if no such
location for the chosen arbitration body exists there. MANDATORY ARBITRATION
REPLACES THE RIGHT OF EITHER PARTY TO GO TO COURT AND DEMAND A JURY TRIAL. The
party filing the arbitration must choose one of the following three arbitration
firms and follow its rules and procedures for initiating and
pursuing arbitration:
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American Arbitration Association, 335 Madison Avenue, Floor 10, New York, NY
10017-4605
Phone:800-778-7879 (www.adr.org)
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National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405-0191
Phone: 800-474-2371 (http://www.arb-forum.com)
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JAMS, 1920 Main Street, Suite 300, Irvine, CA 92614
Phone: 949-224-1810 (http://www.jamsadr.com)
In the event that the
selected firm cannot administer the arbitration, the party filing the
arbitration will select another of the firms. Each party will bear its own
expenses, and the parties will share equally the filing and other fees of the
arbitration firm and the expenses of the arbitrator, except that the arbitrator
will be entitled to award a different allocation of costs and fees where the
arbitrator determines that a filed claim is frivolous.
The arbitrator will not
have the power to award punitive damages or other damages not measured by the
prevailing party's actual damages, except as may be required by statute. Any
award in arbitration initiated under this clause will be limited to monetary
damages and will include no injunction or direction to any party other than the
direction to pay a monetary amount, except as required by statute or to comply
with the terms of the contract. Any award rendered by the arbitrator will be
final and binding upon each of the parties, and judgment thereon may be entered
in any court having jurisdiction thereof. The Federal Arbitration Act will
govern the interpretation and enforcement of this section.
During the pending of
such arbitration and until final judgment thereon has been entered, these Terms
will remain in full force and effect unless otherwise terminated as provided
hereunder. If a provision of this clause is held to be invalid, the remainder
of the clause will remain in full force and effect, and, to this end, the
provisions of this clause are severable.
These Terms and all
transactions between you and GTI shall be governed by, and construed and
enforced in accordance with, the internal laws of the State of Florida, without
regard to principles of conflicts of laws.
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Injunctive
Relief
You acknowledge that a violation, attempted violation, or threatened
violation of any of these Terms will cause such damage to GTI as will be
irreparable, the exact amount of which would be difficult to ascertain and for
which there will be no adequate remedy at law. Accordingly, you agree that GTI
shall be entitled as a matter of right to an injunction issued by any court of
competent jurisdiction, restraining such violation or attempted violation of
these Terms by you, as well as recover from you any and all costs and expenses
sustained or incurred by GTI in obtaining such an injunction, including,
without limitation, reasonable attorney's fees. You agree that no bond or other
security shall be required in connection with such injunction.
For purposes of this
Section, you agree that any action or proceeding with regard to such injunction
restraining such violation, attempted violation, or threatened violation shall
be brought in the courts of record of Orange County, Florida, or the United
States District Court, Middle District of Florida. You consent to the
jurisdiction of such court and waive any objection to the laying of the venue
of any such action or proceeding in such court. You agree that service of any
court paper may be effected on such party by mail or in such other manner as
may be provided under applicable laws, rules of procedure or local rules.
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Miscellaneous
Provisions
If any portion of these Terms is deemed unlawful, void or
unenforceable by any arbitrator or court of competent jurisdiction, these Terms
as a whole shall not be deemed unlawful, void or unenforceable, but only that
portion of these Terms that is unlawful, void or unenforceable shall be
stricken from these Terms.
The headings contained
in these Terms are for convenience of reference only, are not to be considered
a part of these Terms, and shall not limit or otherwise affect in any way the
meaning or interpretation of these Terms.
All covenants,
agreements, representations and warranties made in these Terms, as may be
amended by GTI from time to time, shall survive your acceptance of these Terms
and the termination of these Terms.
These Terms represent
the entire understanding and agreement between you and GTI regarding the
subject matter of these Terms, and supersedes all other previous agreements,
understandings and/or representations regarding the same.
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Your
Questions, Comments & Complaints
GTI encourages you to provide GTI with feedback regarding these Terms. If you
have questions, comments or concerns regarding these Terms, please contact
service@gticorporate.com.
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State
of California
California law requires that sellers of travel in the State of California have
a trust account or bond. GTI's California license number is CA
#2043947-40. GTI is not a participant in the California Travel Consumer
Restitution Fund (TCRF).
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