Effective December 13, 2006
1. Scope and Terms
These Terms govern your use of all content, products or services available through The Away Network Web sites. You agree to be bound by these Terms, and to use The Away Network Web sites in strict compliance with all applicable laws, rulings and regulations, and in a manner that does not negatively reflect on the goodwill or reputation of The Away Network or its third party providers.
Additional terms, may apply when you purchase products or services, or when you participate in sweepstakes, raffle, or other promotions. These additional terms are found in the area of The Away Network Web site where you will purchase a product or service, or where you will register for a sweepstakes.
You agree to abide by the terms and conditions imposed by any Away Network's licensors, suppliers, or information providers.
You are responsible for reviewing the forms that you fill out when you purchase products or services, or participate in sweepstakes, raffle or other promotions.
Minors (as defined under the laws of their jurisdiction or residence) are not eligible to register for, use or purchase the products or services available on The Away Network Web sites.
You are responsible for maintaining the secrecy of your Member ID and password. This is essential to protect the confidentiality of any information that may be stored in the My Account areas of The Away Network Web site. In addition, you will be financially accountable for all use of our Web site by you and anyone using your password and login information.
2. Use of the Site
The Away Network grants you a limited, personal, nontransferable, non-sublicensable, revocable license to access and use The Away Network Web sites only as expressly permitted in these Terms. Except for this limited license, we do not grant you any other rights or license with respect to The Away Network Web sites; any rights or license not expressly granted herein are reserved.
Unless we have granted you permission in advance and in writing, you may use the Web site only for your personal, non-commercial use, and not to provide services to a third party or to advertise any third party products or services.
No Copy, Distribution, or Sale
You may download, display, or print one (1) copy of any portion of the content on The Away Network Web Sites.
If you do so, you may not modify the content in any way, and you
must reproduce The Away Network Web Sites copyright notice (or the
Provider's notice as applicable) in the form:
Except as provided above, you may not
Unless otherwise provided within these Terms, or unless specific applicable law requires The Away Network to allow you to do so, you may not do any of the following without the prior written consent of The Away Network, including when posting user content such as information or reviews about your travel experiences or about travel products or services:
Member ID and Password
Access to certain areas of the Site is only available to registered members. To become a registered Member, you are required to answer a limited number of mandatory questions. Answers to additional questions are optional. You represent and warrant that all information you supply to us, about yourself, and others, is true and accurate.
The Away Network, in its sole discretion, may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of our Site, even if access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of the Site, and destroy any copy you have made of any portion of the Site. Accessing the Site after such termination, suspension, or discontinuation shall constitute an act of trespass. The Away Network shall not be responsible to you to such suspension or termination.
Any aspect of the Site may be changed, supplemented, deleted, updated, discontinued, suspended, or modified at any time, and without prior notice to you. However, we make no commitment to update the information contained on this Site. You agree that The Away Network shall not be liable to you for any delay or other damages that might result from such modification, suspension, or discontinuance.
We may also, at any time, change or impose fees for certain services, or establish or change general practices and limits concerning certain services.
We may also modify these Terms, as provided in Modifications.
3. Privacy and Security
4. Services and Content
We will use our reasonable commercial efforts to keep our Site available on a 24-hour/7-day-a- week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance, and system outages. We cannot promise that access to the Site will be uninterrupted or available at all times. We assume no liability or responsibility for any delay, interruption, or downtime.
The content on The Away Network Web sites are intended for information purposes only. There might be errors, or the information provided may not be complete, current, or applicable to your particular situation. Further, information provided regarding the service, amenities, products, etc. have been provided to us by third parties. We assume no liability or responsibility for any errors or omissions. You are responsible for evaluating the accuracy, completeness, and usefulness of any opinion, advice, or other content available through The Away Network Web Sites or obtained from a linked site.
We make reasonable attempts to exclude viruses from the Site, but cannot ensure that the Site will be at all times free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading information from the Site. We assume no responsibility for any damages to computer equipment or other property that may result from use of the Site or downloading anything from the Site.
Away.com "Free Flight Voucher" Contest
The Away.com "Free Flight Voucher" contest will occur between April 23, 2010, and April 22, 2011 (the "Promotional Period") and will apply to those sections of the site where the contest is advertised and adhere to the terms specified at: http://blogs.away.com/travel/2010/04/win-a-free-flight-voucher-ugc-contest.html. No purchase necessary to enter, play or win. A purchase will not improve your chances of winning. Void where prohibited. This contest is intended for viewing in the United States only.
5. Links to third party sites
For your convenience, our Site provides links to other sites. When you click on one of these links, you are leaving our site and entering another site. We are not responsible for such third party Web sites.
You should carefully review the terms and conditions of use of these sites, because these terms will apply to your visit to these other sites.
We welcome links from a third party site to the home page of our Site, through a plain text link, provided that (a) you give The Away Network prior written notice of such link by contacting firstname.lastname@example.org or Customer Service 1001 G Street, Suite 725W, Washington, DC 20001, to request The Away Network's permission to establish the link; (b) you discontinue providing a link to our Site if so requested by The Away Network; (c) you do not imply in any fashion that The Away Network is endorsing any of your products or service or is affiliated with you, (d) you do not present The Away Network in a false light, or provide misleading or false information about The Away Network, or its Site or services, (e) you do not remove or obscure the copyright notices, or other notices on this Site; (f) you do not use any mark of The Away Network; and (g) you do not replicate, frame or mirror the content of the Site.
We reserve the right to require you to remove links to the Site, in our sole discretion.
6. Intellectual Property
The Away Network, its owner or affiliates control and operate this Web site. All content on this Web site, including, but not limited to, text, photographs, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by United States and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes). The Content is owned by Away, its owner, its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively the "Content Providers") that have licensed their content or the right to market their products and/or services to us. Trademarks, copyrights or other third-party intellectual property referred to on this Web site are the property of their respective owners, and use on this Web site thereof does not constitute or imply endorsement. You may not copy, modify, reproduce, republish, upload, post, transmit, distribute, and/or exploit the content in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of us or the Content Providers.
Your Comments and Submissions
Any communications or materials you transmit to The Away Network, through the Site, by electronic mail or otherwise, including any data, question, comments, rating of a property or attraction, suggestion, idea, or the like ("Communications or Materials") will be treated as non-confidential and non-proprietary. By voluntarily submitting to us, or by posting on the Site any Communications or Materials, you grant The Away Network, and all users of the Site, a worldwide, non-exclusive, royalty free, perpetual, irrevocable, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from distribute, and display such Communications or Materials in any form, media or technology. We assume no responsibility for any Communications or Materials posted or submitted, or for the return or such Communications or Materials, nor do we represent or warrant that Communications or Materials that you submit will be posted, or will continue to be posted, on the Site. We want your feedback and appreciate your ideas and suggestions, but we are unable to answer every comment individually.
7. Disclaimer of Warranty
The Away Network and its providers make no warranty of any kind regarding the Site, or the content, products or services contained on The Away Network Web site, all of which are provided on an "as is" basis. The Away Network and its providers expressly disclaim any representation or warranty that the Site will be free from errors, viruses or other harmful components, that communications to or from the Site will be secure and not intercepted, that the Services and other capabilities offered from the Site will be uninterrupted, or that its content will be accurate, complete or timely. The fact that The Away Network is including or offering any product or service on the Site is not an endorsement or a recommendation of the product or service.
OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAWS, AND ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION, The Away Network AND ITS 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.
8. Limitation of Liability
Subject to applicable law, use of this Site and its content is at your sole risk. Services and products made available on this Site are subject to conditions imposed by the providers, including but not limited to tariffs, conditions of carriage, international conventions and arrangements, and federal government regulations. Providers who furnish products or services through this Site are independent contractors, and not agents or employees of The Away Network. IN NO EVENT WILL The Away Network OR ITS PROVIDERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE, ANY HYPER LINKED WEB SITE, THE ACTS OR OMISSIONS OF PROVIDERS WHO FURNISH PRODUCTS OR SERVICES THROUGH THIS SITE, OR THE PRODUCTS OR SERVICES OFFERED BY PROVIDERS THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH(I) ANY USE OF, BROWSING OR DOWNLOADING OF ANY PART OF OUR SITE OR CONTENT, (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, OR (IV) 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, EVEN IF The Away Network AND THE PROVIDER(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
If, despite the limitation above, The Away Network 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 The Away Network 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.
You agree to defend and indemnify The Away Network and any provider, and each of their respective officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, in excess of the liability described above, in any action filed or commenced by any third party against The Away Network as a result of (1) your breach of these Terms or the documents made part of these Terms by reference, (2) your violation of any law or the rights of a third party or (3) your use of our Site.
The laws of the State of Illinois (USA), without regard to its conflict of law rules, will govern these Terms. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms and Conditions. If you take any legal action relating to your use of our site or these Terms, you agree to file such action only in the state and federal courts located in Cook County, Illinois (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.
Your acceptance of these Terms, and your use of the 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. If we fail to act with respect to your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. 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. The headings in these Terms are for your convenience and reference; they do not limit or affect these Terms. 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 site, and replaces any prior understandings or agreements (whether oral or written) regarding your use of our site.
Prior Terms and Conditions
These Terms supersede any prior Away Network Terms and Conditions relating to the use of the Site that were displayed on this Site before the date stated above. Unless specifically provided, they do not supersede the Additional Terms provided elsewhere in this Site.
You may preserve these Terms in written form by printing them for your records, and you waive any other requirement that these Terms be evidenced by a written document.
To the extent that we may need to contact you, you agree that we may do so via any electronic means, included but not limited to communication posted on the Site, electronic mail, or instant messaging.
Network Sites and Company Information:
Away.com: The Web's best travel and vacation-planning resource. Great expert reviews and trip ideas for your travel interests and all the flights, hotels, and attraction information to get you there.
GORP.com: Comprehensive resource for adventure travel, outdoor sports and gear, national parks, and more.
AdventureFinder.com: AdventureFinder.com (formerly GORPtravel) is an online travel directory of active vacations, tour outfitters, and adventure lodges, providing travelers with a one-stop shop to research and plan their next adventure.
Trip.com: Free travel search site designed to help travelers like you find the cheapest flights, cheapest hotels, cheapest car rentals, and cheapest vacation packages across all of your favorite travel websites with one easy click.
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