Welcome to the Avanti World Travel, Inc. ('[AGENT]') Web site located at https://avantiworldtravel.com ('Site'). The following terms and conditions ('Terms') govern your use of this Site. By accessing, viewing, or using the content, material, or services available on or through this Site, you indicate that you have read and understand these Terms, that you agree to them and intend to be legally bound by them. If you do not agree to these Terms, or if you are under 18 years of age, you are not granted permission to use this Site and must exit immediately. The Site must not be used by children under 13 years of age.
1. Use of the Site and Registration. We welcome the accessing, viewing, or using of the content, materials, or services available on or through this Site for personal use in accordance with these Terms. Do not use the Site or Site Material (as defined below) for your commercial purposes without our written consent. The Site may allow you to access certain content, services, products or benefits, including purchasing certain products or services from the Site, by registering to become a member ('Member'). In order to become a Member on the Site, you must click to agree to these Terms, and will then be asked to select a user name and password. You may be required to provide [AGENT] with certain information about yourself including some types of personally identifying information such as your name, email and location. You are fully responsible for your account, including use of the account by any third party (including any of your employees or family members) and maintaining the confidentiality of your password. You may terminate your account at any time by contacting us at support@agentstudio.com. [AGENT] may reject any Member registration for any reason whatsoever, or for no reason, and may suspend or terminate a Member's account or its ability to use any services on the Site for failure to comply with these Terms, for providing [AGENT] with untrue or inaccurate information about itself, its organization, for infringement upon [AGENT]'s proprietary rights, or for any other reason whatsoever or for no reason.
1.1 As a Member on the Site, in addition to the other obligations and restrictions set forth herein, you agree that you:
1.1.1 May not use the Site if you are not able to contract or are under the age of 18, are suspended from the Site, or are not credit worthy, as determined in [AGENT]'s sole and absolute discretion;
1.1.2 post content that imposes an unreasonable amount of material on the system or is in an irrelevant, inappropriate or unsolicited category or area on the Site;
1.1.3 engage in any unlawful multi-level marketing activities, including a pyramid scheme;
1.1.4 solicit login information or access an account belonging to other Members;
1.1.5 provide false personal information or create an account for anyone other than yourself or transfer your account to someone else without [AGENT]'s permission;
1.1.6 create more than one personal account;
1.1.7 create another account without [AGENT]'s permission, if [AGENT] disabled your current account;
1.1.8 fail to disclose any relationship you may have with [AGENT] should you be paid by [AGENT] as an employee, blogger or the like for your comments on the Site; or
1.1.9 post anyone else's identifying documents or sensitive financial information on the Site.
2. Proprietary Rights. As between any user and [AGENT], [AGENT] owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components, audio clips, video clips, software and software concepts and documentation and other material on, in or made available through the Site ('Site Material'), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Material. All Site Material is protected pursuant to United States copyright, trademark, patent and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Materials. As between any user and [AGENT], all names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Site are proprietary to [AGENT] or its affiliates, licensors, service providers or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site, other than the right to use the Site in accordance with these Terms.
3. Unauthorized Activities. You agree that you will not use the Site for (a) any illegal or unauthorized purposes that violate any laws (including import, export and copyright laws); (b) modifying, adapting or hacking into the Site or for modifying another website so as to falsely imply that it is associated with [AGENT]; (c) uploading, posting, hosting, or transmitting unsolicited email, SMSs, 'spam' messages, worms or viruses or any code of a destructive nature; (d) contacting any other user of the Site who has requested not to be contacted; (e) stalking or harassing anyone; or (f) attempting to gain unauthorized access to [AGENT]'s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Site or any services provided through the Site. You further agree not to modify, distribute, copy, exchange, disseminate, archive, reproduce, transmit, publicly display, publicly perform, broadcast, retransmit, publish by hard copy or electronic means, adapt, edit, compile or create derivative works of the Site Material or otherwise use the Site Material in any way for any purpose without prior written approval from [AGENT]. You acknowledge and agree that the unauthorized use of the Site Material could cause irreparable harm to [AGENT] and that in the event of such unauthorized use, [AGENT] shall be entitled to an injunction in addition to any other remedies available at law or in equity.
4. Payment, Refunds and Cancellations. Some products or services offered on the Site (such as hotel bookings ) require you make a purchase. By registering for such services from [AGENT] or purchasing products, you represent that you are eighteen (18) years of age or older. You are responsible for all charges incurred under your account, whether made by you or another person using your account. In order to make a purchase, [AGENT] may use the services of third parties (click here to read EAN's User Agreement and Privacy Policy). [AGENT] third party or the transactions you conduct or enter into with any such third party. If for any reason [AGENT] does not receive payment for a purchase, [AGENT] may exercise its rights in law and equity, including: (a) immediately suspending or terminating your account; (b) seeking collection of the outstanding amount owed; and/or (c) seeking legal action against you for the breach of these Terms. You are also responsible for paying any governmental taxes imposed in connection with use of the Site, including sales, use or excise taxes. Prices may vary. To the extent that [AGENT] is obligated to collect such taxes, the applicable tax will be added to your billing account.
5. Materials Submitted to the Site. The Site may allow you to contribute content, information, text, files, graphics, personal listings, messages, reviews, notes, postings, and other materials and information for access, use, and commentary by other users to the Site ('User Content'). Failure to comply with these Terms, including any Rules of Conduct, may result in immediate removal of any User Content. By posting User Content, you represent that you have the full legal right to provide the User Content and that use of the User Content by the Site and all other persons and entities will not (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, or regulation; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing; (d) impersonate any person or entity or falsely state or otherwise imply an affiliate with a person or entity or is generally false, deceptive, misleading, deceitful, misinformative or constitutes a 'bait and switch'; (e) be obscene, child pornographic, or indecent; (f) violate any community or Internet standard; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such or that are intended to do any of the foregoing; (h) constitute misappropriation of any trade secret or know-how; or (i) constitute disclosure of any confidential information owned by any third party.
5.1 Upon your submission of User Content or any other material or information to[AGENT], you grant [AGENT] a worldwide, perpetual, non-terminable, non-exclusive, irrevocable, transferable, royalty-free license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, and to permit others to access, use, distribute, perform, reproduce, display, modify and create derivative works based upon the User Content, all without any compensation to you whatsoever. [AGENT] may refuse to post or remove User Content from the Site that violates any of the warranties provided in the preceding paragraph or for any reason. [AGENT] shall not be responsible for changes, modifications, or removal of any User Content that you submit to the Site. If you believe that any content or postings on the Site violate your intellectual property or other rights, please follow our Complaint Procedure in Section 12 of these Terms.
6. Third Party Web Sites and Content. The Site is available for informational purposes only, and parties other than [AGENT] may provide products, services or content on the Site. Additionally, the Site contains links to other Internet Web sites for the convenience of users in locating information, products, or services that may be of interest. [AGENT] does not endorse or recommend the products or services of a particular third party entity, and neither [AGENT] nor its licensors, suppliers, or service providers make any guarantees, warranties or representations regarding any content, information or materials located on the Site or the quality of the products or services provided by any third parties on the Site. [AGENT] and its licensors, suppliers and service providers are in no way responsible for any products or services requested by you through the Site, or from any third party whose information was obtained through the Site. Any agreement entered into between you and a third party located on the Site is independent of [AGENT] and the terms and rights of such agreement is your sole responsibility. It is your individual responsibility to make any investigation that you feel may be necessary or appropriate before entering into any online or offline transaction with any registered user of the Site, or any third party. Use of the Site and the Site Materials and any other material or content on and made available through the Site is entirely at your own risk. Neither [AGENT] nor its licensors, service providers or suppliers recommend and each expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of third parties' websites is at your own risk, and subject to the terms and conditions of such other websites. [AGENT] and its licensors, service providers and suppliers do not endorse any product, service, or treatment provided on a third party website or advertised on the Site. You understand that [AGENT] may not always identify paid services and communications as such.
7. Agent Studio Hotel Booking Engine. The Site includes access to the Agent Studio Hotel Booking Engine (the 'Hotel Booking Engine'), which is powered and maintained by the Expedia Affiliate Network. The Hotel Booking Engine provides you a means of booking hotel reservations through the Site. The rates and listings provided through the Hotel Booking Engine are provided by the Expedia Affiliate Network, and are subject to change based on availability. This Section 7 shall govern all issues related to the Hotel Booking Engine, in the event of any discrepancy between another provision in these Terms and this Section 7.
7.1 All reservations that you book through the Site's Hotel Booking Engine are completed and confirmed by the Expedia Affiliate Network. For more information on the Expedia Affiliate Network, including details of the reservation processes, pricing, and payment procedures, consult Expedia Affiliate Network's User Agreement and Privacy Policy. [AGENT] disclaims any responsibility for costs or liabilities attributable, either directly or indirectly, to Expedia, including any of the terms or conditions or Expedia Affiliate Network's User Agreement and Privacy Policy.
7.2 All payments made pursuant to your purchases through the Site's Hotel Booking Engine are accepted by the Expedia Affiliate Network on behalf of [AGENT]. [AGENT] does not collect or have access to any of the details of your purchase, other than the information necessary for following up on your reservation, including but not limited to the payment card type, the last 4 (four) digits of the account to which the purchase was charged, and your contact information.
7.3 Any and all information submitted on the Site pursuant to a purchase made through the Hotel Booking Engine is stored by Agent Studio on behalf of [AGENT] and Expedia Affiliate Network. Agent Studio will not, and is not authorized to, use the information in any way other than is necessary to complete and perform the transactions made through the Hotel Booking Engine.
7.4 [AGENT] is the point of contact for all purchases made through the Hotel Booking Engine, including but not limited to any requests to change or cancel a transaction made through the Hotel Booking Engine, or any questions related to a transaction made through the Hotel Booking Engine. Neither Agent Studio nor Expedia Affiliate Network is responsible for handling or responding to any such requests or questions.
8. Privacy Statement. Any personal information that you provide to [AGENT] on the Site is subject to our Privacy Statement. For more information, click here to view the Privacy Statement, which is incorporated into these Terms by reference, as if set forth fully herein. Please be advised that the confidentiality of any communication or material transmitted to [AGENT] via the Site or Internet electronic mail cannot be guaranteed, including, for example, personal information such as your address or name. Alternatively, you may contact [AGENT] by regular mail at gmariano@avantiworldtravel.com, or by phone at 239-304-8218.
9. Disclaimer. [AGENT], its subsidiaries, affiliates, licensors, service providers and suppliers are not responsible for and do not guarantee the accuracy or completeness of any Site Material, User Content, links, advertisements or other items contained within the Site. [AGENT] reserves the right to immediately remove any Site Material or User Content for any reason or for no reason. [AGENT] cannot and does not review all communications made on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any User Content, Site Material, the Site or the products or services made available in connection with the Site, including registration information or profile information for a Member, or information posted to the ratings and messaging features at any time, with or without notice in its sole discretion. You agree that you must evaluate and bear all risks associated with the use of Site Material or User Content and that you may not rely on such Site Material or User Content. Travelers should review any applicable travel prohibitions, warnings and advisories issued by the United States Government or other authorities prior to booking travel to any destinations. Such information may be found at the following third party websites, among others: www.state.gov, www.tsa.gov, www.faa.gov, www.customs.gov and www.cdc.gov.
9.1 THE SITE, THE SITE MATERIALS AND USER CONTENT AND MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITE, AND THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE IS MADE AVAILABLE 'AS IS' AND 'WITH ALL FAULTS.' USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. ALTHOUGH [AGENT] OR ITS LICENSORS, SERVICE PROVIDERS OR SUPPLIERS MAY MAKE CERTAIN TRAVEL RECOMMENDATIONS OR ACCOMMODATIONS FOR MEMBERS AND USERS, NEITHER [AGENT] NOR ITS LICENSORS, SERVICE PROVIDER OR SUPPLIERS REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATION IS SAFE, ADVISABLE, OR WITH RISK, AND [AGENT], AND ITS LICENSORS, SERVICE PROVIDERS AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES THAT MAY RESULT FROM SUCH TRAVEL.
9.2 [AGENT] AND ITS LICENSORS, SERVICE PROVIDERS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE, THE USER CONTENT, THE SITE MATERIALS, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, NON-INFRINGEMENT, AND ACCURACY, INCLUDING ANY INACCURACIES RELATING TO ANY INFORMATION ON THE SITE REGARDING HOTELS AND AMENITIES, AIRFARE, CRUISES, CAR OR OTHER TRANSPORTATION, PRICING, PHOTOGRAPHS, AND GENERAL PRODUCT AND SERVICE DESCRIPTIONS. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL USER CONTENT, THE SITE, THE SITE MATERIALS, AND THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE, IS WITH YOU.
10. Liability. [AGENT] AND ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SERVICE PROVIDERS AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE, THE USER CONTENT, THE SITE MATERIALS, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE (INCLUDING YOUR RELIANCE UPON ANY OPINIONS APPEARING ON THE SITE), REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR [AGENT] OR ANY OF ITS LICENSORS, SERVICE PROVIDERS OR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF [AGENT] AND ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SERVICE PROVIDERS OR ITS SUPPLIER TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITE, USER CONTENT, THE SITE MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITE, OR THE SERVICES, INFORMATION, OR PRODUCTS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING YEAR FOR USE OF THE SITE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF [AGENT] AND ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SERVICE PROVIDERS OR ITS SUPPLIERS SHALL NOT EXCEED TEN DOLLARS ($10). If you are dissatisfied with the Site, or with any of these Terms, or feel [AGENT] has breached these Terms, your sole and exclusive remedy is to discontinue using the Site.
11. Indemnification. You shall indemnify [AGENT] and its members, managers, directors, officers, employees, agents, licensors, service providers, suppliers or contractors ('[AGENT] Indemnitees') against all claims, actions, suits, and other proceedings ('Claims') arising out of or incurred in connection with the Site and your use of the Site or services obtained through the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the User Content, the Site Materials, the services, products, information and other materials on, in and made available through the Site, (except to the extent attributable to [AGENT]), or any breach by you of these Terms and shall indemnify and hold [AGENT] Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees and attorneys' disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of [AGENT].
11.1 [AGENT] or its licensors, service providers or suppliers may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If [AGENT] or its licensors, service providers or suppliers do not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to [AGENT], subject to the right of [AGENT] to assume, at their sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.
12. Internet Security. [AGENT] uses reasonable efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable. [AGENT] will use reasonable commercial efforts to minimize such disruption where it is within our reasonable control. You agree that we shall not be liable to you for any modification, suspension or discontinuance of the Site. You understand that the technical processing and transmission of any Site content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to [AGENT] via the Site or the Internet, including, for example, personal information such as your name or address.
13. Complaint Procedures. If you believe that any content or postings on this Site violates your intellectual property or other rights, please send to [AGENT] at gmariano@avantiworldtravel.com a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your e-mail address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: 'The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.'
14. Changes to these Terms. [AGENT] reserves the right at any time to modify, alter or update these Terms and the date of the most recent version will appear on this page. Although [AGENT] will post a notice of any such changes, it is your responsibility to regularly check the Site to determine if there have been any changes to these Terms and to review such changes. Your use of the Site following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Site before the change was made. It is the obligation of users visiting the Site before the change to learn of changes to the Terms since their last visit. [AGENT] reserves the right to terminate your access to this Site with or without notice in the event that you violate these Terms, for any reason whatsoever or for no reason.
15. Governing Law and Jurisdiction. These Terms represent the entire agreement between you and [AGENT] with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of New Jersey, without reference to its conflict of law rules; provided, however, that the terms of any applicable law now or hereafter enacted that is based on, derived from, similar to, or connected with the Uniform Computer Information Transactions Act drafted by the National Conference of Commissioners on Uniform State Laws shall not apply except to the extent that the law expressly prohibits alteration by these terms of the applicability of one or more sections of the law. BY ACCESSING, VIEWING, OR USING THE SITE, SERVICES, SITE MATERIAL, CONTENT, OR ANY WORKS ON THE SITE, YOU CONSENT AND AGREE TO (A) THE EXCLUSIVE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED IN BURLINGTON COUNTY, NEW JERSEY; (B) ACCEPT SERVICE OF PROCESS BY PERSONAL DELIVERY OR MAIL; AND (C) IRREVOCABLY WAIVE THE RIGHT TO TRIAL BY JURY AND ANY JURISDICTIONAL AND VENUE DEFENSES OTHERWISE AVAILABLE.
16. Miscellaneous. The Site is controlled and operated from within the United States. Without limiting anything else, [AGENT] makes no representation that the Site, Site Materials, User Content, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. You may not acquire goods, services or software through the Site if: (a) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are on the United States of America Treasury Department's Specially Designated Nationals List or the United States of America Commerce Department's Denied Persons List, Unverified List or Entity List; or (b) you intended to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of those countries) or to a person on the Specially Designated Nationals List, Unverified List or Entity List. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of [AGENT] to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. When used herein, the words 'includes' and 'including' and their syntactical variations shall be deemed followed by the words 'without limitation.'
Dated: 08/02/2016