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Wednesday, November 01, 2006
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This website is operated
by MYeVIP.com Inc. ("MYeVIP") from our office at 28 Perrin Place, Upper Saddle
River, State of New Jersey from within the United States.
By accessing the MYeVIP.com Website ("our Website"), you
acknowledge and agree that you have read, understood, and are agreeing to be
bound by, all of the terms and conditions of use, without modification, of our
Website as provided in this Agreement and that you agree to comply with all
applicable laws and regulations, including U.S. export and re-export control
laws and regulations. If you do not agree to these terms, do not use our
Website. You represent that you are at least 18 years old, or at least the
minimum legal age in the jurisdiction in which you are viewing or using our
Website. Access to this website from countries or territories where the Content
or use of the website are illegal is strictly prohibited.
THIS AGREEMENT IS SUBJECT TO THE PRIVACY POLICY FOR OUR
WEBSITE, WHICH IS A PART HEREOF AND IS INCORPORATED HEREIN BY REFERENCE FOR ALL
PURPOSES. EXCEPT AS OTHERWISE EXPRESSLY GUARANTEED HEREIN, OUR WEBSITE, THE
CONTENT, LINKS, INFORMATION, SERVICES, PRODUCTS AND MATERIALS PROVIDED BY OR
THROUGH OUR WEBSITE, INCLUDING ANY SOFTWARE PROVIDED THROUGH OUR WEBSITE, ARE
PROVIDED "AS IS", WITHOUT ANY WARRANTIES. YOU USE OUR WEBSITE AT YOUR OWN RISK.
WE DO NOT ENDORSE THE VIEWS, OPINIONS, RECOMMENDATIONS, DESTINATIONS OR TRAVEL
SERVICE SUPPLIERS EXPRESSED OR IDENTIFIED IN THE CONTENT OF OUR WEBSITE.
1. TRADEMARK, COPYRIGHT AND INTELLECTUAL PROPERTY NOTICES
MYeVIP.com and eVIP are registered Service Marks of MYeVIP.com
INC and are protected by applicable federal and state laws and regulations.
Other trademarks and service marks used on our Website are the property of
their respective owners. Unless otherwise expressly provided, all content, site
design, information and materials, text, graphics, photographs, video and audio
presentations, interfaces, and the selection and arrangement contained on or
downloaded from this site ("Content") are: Copyright c 2006, MYeVIP.com Inc.,
all rights reserved. Software that is available to use and/or download from our
Website ("Software") is the copyrighted work of MYeVIP.com Inc., its
affiliates, and/or their suppliers. The Software is protected by copyright laws
and may be protected by other intellectual property laws, including patent
laws, and international treaty provisions. Your use of the Software is governed
by the terms of the end user license agreement, if any, which accompanies, or
is included with, the Software.
2. PERSONAL AND NON-COMMERCIAL USE LIMITATION
Individual eVIP Card holders may use our Website and its
Content for personal, non-commercial use only. Permission to use our Website
terminates automatically if you breach any of the terms and conditions of this
Agreement. You shall not use any automatic or manual conduct, device, process,
software, program, algorithm, methodology or routine, including but not limited
to a "robot," "spider" or other similar process or functionality to interfere
or attempt to interfere with, or impose an unreasonable burden or load on, the
operation of our Website.
3. COMMERCIAL USE LIMITATION
MYeVIP Affiliates and Discount Providers under contract with
MYeVIP.com Inc. and its affiliates may use our Website for commercial purposes
only to the extent permitted in each Affiliate and/or Discount Provider
Affiliate agreement. Permission to use our Website terminates automatically if
you breach any of the terms and conditions of this Agreement or your existing
contract with MYeVIP.com and its affiliates. You shall not use any automatic or
manual conduct, device, process, software, program, algorithm, methodology or
routine, including but not limited to a "robot," "spider" or other similar
process or functionality to interfere or attempt to interfere with, or impose
an unreasonable burden or load on, the operation of our Website.
4. THIRD PARTY WEBSITES
Our website may contain hypertext links ("links") to websites
operated by persons or entities other than us ("third party websites"). WE ARE
NOT RESPONSIBLE OR LIABLE FOR THE CONTENT OR OPERATION OF ANY SUCH THIRD PARTY
WEBSITES. A link from our website to a third party website does not imply or
mean that we endorse the content on that third party website or the operator or
operations of that site. You are solely responsible for determining the extent
to which you use any content at any third party websites to which you might
link from our website. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE
OF ANY SORT INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD PARTY WEBSITE
OR MERCHANT OR OPERATOR OF SUCH A THIRD PARTY WEBSITE.
5. AUTHORIZATION TO USE, AND WARRANTY OF, INFORMATION
By requesting eVIP Membership Card from us, and/or by choosing
to become a MyeVIP Affiliate you are authorizing us to obtain your personal
private information and or corporate/institutional information and/or to
provide your identifiable information to those third parties that we deem
necessary to provide you with the service that you have requested and to
provide the type of information that we deem is required as an integral part of
this service. We take great care to use only reputable companies. HOWEVER, WE
ARE NOT LIABLE FOR THE MANNER IN WHICH SUCH THIRD PARTIES HANDLE YOUR PERSONAL
PRIVATE AND/OR PERSONALLY IDENTIFIABLE IDENTIFICATION INFORMATION OR FOR ANY
FAILURE BY SUCH THIRD PARTIES TO PROTECT THE PRIVACY OF YOUR INFORMATION. By
requesting membership services from us, you are certifying that all information
that you provide to us will be accurate, complete and current and that you are
not and have not knowingly provided us with any false information. You shall
supervise all usage of our Website by minors under your name or account. You
will pay any applicable taxes, charges, fees, duties and assessments, if any,
relating to any such purchases, transactions or other monetary transaction
interactions arising out of your use of our Website.
6. LEGAL USE LIMITATION; USE OF WEBSITE FOR COMMUNICATIONS
Our website may contain online bulletin boards, or other
electronic communication facilities ("Bulletin Boards"). You shall not use our
Website or the Bulletin Boards for any illegal, obscene, abusive, offensive,
harassing, improper or objectionable purpose, to sell or offer to sell any
goods or services, to conduct or forward surveys, contests, or chain letters,
or for any purpose that is prohibited by the terms and conditions of this
Agreement. YOU SHALL BE SOLELY LIABLE FOR ANY AND ALL DAMAGES OR HARM ARISING
FROM YOUR USE OF OUR WEBSITE. You agree that all bulletin boards are public,
not private, communications. You agree that our affiliates and we do not, and
shall not be considered to, endorse, review, screen, or approve any Bulletin
Board communications. Notwithstanding the preceding limitations, we reserve the
right, and you expressly agree that we have the right, for any reason
whatsoever, to remove without limitation, information, content, or any other
material, from postings and/or communications in and/or through the Website or
a Bulletin Board. Except for personal, private information provided to us under
our Privacy Policy, any and all material, information or ideas that you upload,
publish, distribute, post, or disseminate on or through our Website by any
means will be treated as non-confidential and non-proprietary, and may be used
or disseminated by MyeVIP or its affiliates for any purpose whatsoever,
including providing such material, information, or ideas as Content.
7. DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES,
AGENTS AND LICENSORS HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES,
EXPRESS OR IMPLIED, WITH RESPECT TO OUR WEBSITE AND WITH RESPECT TO THE
CONTENT, LINKS, INFORMATION, SERVICES, PRODUCTS AND MATERIALS PROVIDED BY OR
THROUGH OUR WEBSITE, INCLUDING ANY SOFTWARE PROVIDED THROUGH OUR WEBSITE,
INCLUDING WITHOUT LIMITATION WARRANTIES AS TO THE ACCURACY, COMPLETENESS,
TIMELINESS, NONINFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM
COURSE OF DEALING OR COURSE OF PERFORMANCE. IN NO EVENT SHALL WE OR ANY OF OUR
AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR
INJURY, OR FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY
OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES OF ANY TYPE OR NATURE, INCLUDING BUT
NOT LIMITED TO PERSONAL INJURY, PROPERTY DAMAGE AND WRONGFUL DEATH, EVEN IF WE
HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN
ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY,
ARISING OUT OF OR IN CONNECTION, WITH THE USE, INABILITY TO USE, PERFORMANCE
OF, RELIANCE ON, OR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON, OUR
WEBSITE, OR THE INFORMATION, CONTENT, LINKS, SERVICES, PRODUCTS AND MATERIALS
AVAILABLE FROM OR PROVIDED THROUGH OUR WEBSITE. THESE LIMITATIONS SHALL APPLY
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE
SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, OR
THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES, PARTS OR ALL OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY REGARDING THIRD PARTY SUPPLIERS
Our website provides access to services provided by third
parties ("Service Suppliers"). We do not control the service suppliers or their
actions. We are not responsible for, and you do not hold us responsible or
otherwise liable for, breach of contract or any intentional or negligent action
on the part of service suppliers. WE ARE NOT RESPONSIBLE FOR ERRORS OR
OMISSIONS THAT MAY OCCUR AS A RESULT OF THE TRANSFER OF INCORRECT INFORMATION
FROM THIRD PARTY SERVICE SUPPLIERS. We do not guarantee, and you do not hold us
responsible or otherwise liable for, any such service suppliers' rates,
bookings, reservations, connections, scheduling, services, security, products,
facilities or protection of personal belongings. Furthermore, we assume no
responsibility for, and you do not hold us responsible or otherwise liable for,
overbooking, cancellation or delays for hotels, airlines or cruises or denial
of benefits or discount offerings by service suppliers. Separate terms and
conditions may apply to your purchases and interactions with service suppliers
with which you elect to deal. You agree to, and shall, abide by the terms or
conditions imposed by any service suppliers with whom you elect to deal,
including, but not limited to, payment of all amounts when due and compliance
with all rules and restrictions regarding availability of fares, products, or
services. By embarking on travel arranged through, or utilizing information
contained on, our Website, you voluntarily assume the risks associated with
such activities. In using our Website, you assume full responsibility for,
agree that we are not responsible for, and hereby release us from any and all
travel requirements, travel precautions, safety and security measures,
sanitation conditions, telecommunications, facilities, services, and any and
all other risks and hazards that you may encounter in or on your way to or from
one of your chosen destinations.
9. MISCELLANEOUS LEGAL PROVISIONS
We may change any term in this agreement at any time without
notice. The changes will appear in this agreement; your use of our website
after any such changes have been posted will constitute your agreement to the
Agreement as modified.
We may discontinue our Website at any time and for any reason,
without notice. We may change the contents, operation, or any and all other
features of our Website at any time for any reason, without notice. We may
discontinue or restrict your use of our Website at any time for any reason,
without notice, at our sole discretion.
This Agreement, your rights and obligations, our rights and
obligations, and all actions contemplated by this Agreement will be governed by
the laws of the United States of America and the State of New Jersey, including
New Jersey rules concerning conflicts and choice of law, as if this Agreement
were a contract wholly entered into and wholly performed within the State of
New Jersey. You hereby consent to the exclusive jurisdiction and venue of
courts in Bergen County, NJ, USA, in all disputes arising out of or relating to
the use of our Website. Use of our Website is unauthorized in any jurisdiction
that does not give effect to all provisions of these terms and conditions,
including, without limitation, this paragraph. In the event of any legal action
to enforce or interpret the terms of this Agreement, the prevailing party in
such action shall be entitled to recover attorneys' fees. In the event of a
lawsuit arising out of this agreement, you agree to waive the right to a jury
trial. In the alternative, any dispute arising out of this agreement may be
submitted upon consent to the local chapter of either New York or New Jersey
American Arbitration Association to be resolved in accordance with the terms of
this agreement and applicable laws of the State of New Jersey, provided that
any such arbitration shall be binding upon all parties.
No joint venture, partnership, employment, or agency
relationship exists between you and us as a result of this Agreement or use of
our Website. If any provision in this Agreement is invalid or unenforceable
under applicable law, including, but not limited to, the warranty disclaimers
and liability limitations set forth above, the remaining provisions will
continue in full force and effect, and the invalid unenforceable provision will
be deemed superseded by a valid, enforceable provision that most closely
matches the intent of the original provision.
Our performance of this Agreement is subject to existing laws
and legal process, and nothing contained in this Agreement is in derogation of
our right to comply with law enforcement requests or requirements.
All rights not expressly granted herein are hereby reserved.
This Agreement is the entire and final Agreement regarding our
Website and its Content, and supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral, or written, between you
and us with respect to our Website. A printed version of this Agreement and of
any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this Agreement to the same
extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form.
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