Travelaxe Services Agreement

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Travelaxe Services Agreement
Travelaxe Services Agreement

In order to use the Travelaxe services (the "Services") offered by Travelaxe, Inc. ("Travelaxe"), you ("You") must agree to abide by this agreement (the "Agreement"). This Agreement gives each of us certain rights and responsibilities.  You will be assuming full and sole responsibility for all use of the Services occurring under Your Account.  Moreover, You will be limiting Your remedies.  Please read this Agreement carefully.

1.	Account Access.  You agree that You will not, under any circumstances, disclose your username or password to any other person or authorize any other person to use your account.

2.	Changes to Agreement.  Travelaxe may amend this Agreement from time to time.  Travelaxe will post the amended Agreement on the Travelaxe site.  Once You are a user, or if You are currently a user, and You do not agree with changes that Travelaxe makes to this Agreement, Your sole remedy is to terminate your account and cease your use of the Services.  You acknowledge and agree that, if You access or use the Services or do not terminate your account after Travelaxe has amended this Agreement, your use of the Services shall be deemed to be governed by the provisions of the amended Agreement.

3.	Security of Data.  You agree that neither Travelaxe, nor its suppliers shall, under any circumstances, be held responsible or liable for situations where the data stored or communicated through the Services are accessed by third parties through illegal or illicit means, including situations where such data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to Travelaxe at the time) which may exist in the Service.  Although Travelaxe will not systematically monitor the content which is submitted to, stored on, or distributed via the Service, Travelaxe reserves the right, in its sole discretion, to delete, restrict access to, or provide to law enforcement or other governmental authority any information or other content.

4.	Third-party Sites.  Through the Services, Travelaxe may, from time to time, provide or display links to third-party web or other sites.  Any such provision or display of links is to You for reference only.  Travelaxe controls neither the content, nor other aspects of such third-party information or sites.  The fact that such links are displayed or provided as part of the Services does not and should not be understood as an endorsement by Travelaxe of such linked sites, the content contained therein, or their proprietors.

5.	DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY.  TRAVELAXE DOES NOT WARRANT THAT (1) THE SERVICES PROVIDED WILL BE UNINTERRUPTED OR ERROR FREE OR (2) THE INFORMATION IS ACCURATE, TIMELY, OR FREE OF ERROR.  THE SERVICES ARE PERFORMED AND ALL INFORMATION IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED; SUCH DISCLAIMER OF WARRANTIES INCLUDES, BUT IS NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.  YOU AGREE THAT TRAVELAXE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICES OR INABILITY TO USE THE SERVICES OR OUT OF ANY BREACH OF ANY WARRANTY INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM ACTS OF GOD OR EVENTS OF A SIMILAR KIND.  THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AS SOME STATES AND JURISDICTIONS PLACE LIMITATIONS ON A PARTY’S ABILITY TO EXCLUDE OR LIMIT ITS LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.

6.	YOUR INDEMNIFICATION OF TRAVELAXE.  YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS TRAVELAXE, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND OTHER AGENTS (THE "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION AND ANY RESULTING LIABILITIES, LOSSES, DAMAGES, COSTS, AND EXPENSES, (INCLUDING REASONABLE ATTORNEYS FEES) (THE "CLAIMS") OF WHATEVER NATURE OR KIND ARISING OUT OF OR IN CONNECTION WITH: EITHER OR BOTH OF (1) THE USE OF THE SERVICES BY YOU OR OTHERS MAKING USE OF THE SERVICES THROUGH YOUR ACCOUNT AND (2) ANY OF YOUR ACTS OR OMISSIONS OF THOSE OF OTHERS MAKING USE OF THE SERVICES THROUGH YOUR ACCOUNT.

7.	Acceptable Usage.  You agree that your use of the Services, including anyone using the Services through your account, will be in a manner consistent with this Agreement and with all applicable laws and regulations, including without limitation, laws governing copyright, trademark, and export control, as well as laws prohibiting the use of telecommunications facilities to transmit illegal, obscene, harmful-to-minors, threatening, harassing, or other offensive information or messages.  You agree not to use the Services to transmit or to facilitate the transmission of unsolicited bulk commercial e-mail.

8.	Your Breach.  Without limiting other remedies, Travelaxe may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your account and refuse to provide the Services to You: (a) if You breach this Agreement; (b) if Travelaxe is unable to verify or authenticate any information You provide; or (c) if Travelaxe believes that your actions may cause legal liability for You, other users, or Travelaxe.

9.	Jurisdiction and Choice of Law.  The Services are provided by Travelaxe from the State of Texas.  Travelaxe makes no representation that materials in the Services are appropriate or available for use in other locations. If You or others, through your account choose to access these Services from other locations, You do so willingly and are responsible for compliance with local laws, if and to the extent local laws are applicable.  This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Texas, as such laws are applied to agreements entered into and performed entirely within the State of Texas; in no event shall its conflicts of law principles apply. Your use of the Services is unauthorized in any jurisdiction where full effect would not be given to all provisions of this Agreement.  Any action You, any third party or Travelaxe brings to enforce this Agreement or, in connection with any matters related to the Services shall be brought only in either the state or federal courts located in Austin, Texas; You expressly consent to the jurisdiction of those courts. 

10.	Miscellaneous Provisions.  You and Travelaxe are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.  Travelaxe does not guarantee continuous, uninterrupted or secure access to the Services, and operation of the Services may be subject to interference from factors outside of Travelaxe’s control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.  You agree that this Agreement may be automatically assigned by Travelaxe, in its sole discretion, to a third party in the event of a merger or acquisition.  Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.  No failure to act by Travelaxe with respect to a breach by You or others shall waive the rights of Travelaxe to act with respect to subsequent or similar breaches.  This Agreement sets forth the entire understanding between You and Travelaxe with respect to the subject matter hereof.  Sections 1, 3, 5, 6, 9, 10, and 11 shall survive any termination or expiration of this Agreement

11.	Notices.  Except as explicitly stated otherwise, any notices to Travelaxe shall be made by the US mail to Travelaxe, Inc. PO Box 28621, Austin, Texas 78755-8621 and any notices to You shall be made by either US mail or email to the addresses You provided to Travelaxe during the registration process.

If You are a new user, You must accept the terms and conditions set forth in this Agreement in order to complete the registration process.  By clicking the "I accept" button below, You accept and agree to be bound by all of the provisions of this Agreement, including those incorporated by reference, without modification, limitation, or qualification. You will be binding yourself if You are purchasing the Services for personal use.  You will be binding your company to this Agreement if You are purchasing the Services for use in its business or otherwise for its use.  You represent that You are at least 18 years old and that You have the authority to bind your company, if done on behalf of a company, to this Agreement. 

IF YOU ARE NOT AT LEAST 18 YEARS OLD OR DO NOT HAVE SUCH AUTHORITY, YOU MUST CLICK THE "I DECLINE" BUTTON.  YOU MUST ALSO CLICK THE "I DECLINE" BUTTON IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT.  IF YOU SO DECLINE, YOU WILL NOT BECOME A USER AND WILL NOT BE AUTHORIZED TO ACCESS OR USE THE SERVICES.
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