Vacation.com

©Copyright 2008, Vacation.com, Inc. All rights reserved. The entire content of this web site is protected by copyright and is the property of Vacation.com, Inc., and/or its licensors or content providers. No part of this web site may be copied, reproduced or transmitted in any manner, without the express written permission of Vacation.com, Inc. Product names mentioned in this web site are for identification purposes only and may be trademarks and/or registered trademarks of their respective owners. ®Registered trademarks of Vacation.com, Inc., and/or affiliates or licensors.

VACATION.COM WEB SITE TERMS AND CONDITIONS OF USE

READ CAREFULLY BEFORE USING THIS WEB SITE.

By using this site ("Site") you agree to all of the following terms and conditions, which will apply to your Site use. If you do not agree to these terms and conditions, please do not use the Site. "Vacation.com" means Vacation.com, Inc., and its subsidiaries and affiliates.

1. DATA AND MARKS You agree that you will not reproduce, sell, transfer, modify, redistribute, retransmit, publish and/or or commercially exploit any information and/or data "Data" on this Site or any trademarks, logos and/or service marks ("Marks") without the express written permission of Vacation.com or the entity that owns the Data or Marks.

2. USE OF SITE. The Site may only be used for accessing travel related products, services, and information, and no other purpose. You may not post or transmit through or on the Site any (a) libelous, defamatory, obscene, indecent, inflammatory, pornographic, threatening, discriminatory or profane material or (b) material that could constitute or encourage conduct that would be considered a violation of any law or give rise to civil liability to Vacation.com, its affiliates, third party vendors, travel information providers, distributors, contractors and/or their respective affiliates (collectively, "Site Participants").

3. AGE AND RESPONSIBILITY. You must be at least 18 years old to use the Site. You agree that you are responsible for all uses of the Site by you or those using your login information. You will be responsible for any damages caused by your improper or unauthorized use of the Site.

4. PRIVACY STATEMENT. The information you give during member registration and on the feedback feature is used to answer your questions, to better meet your specific needs, and to improve our products and services. You may occasionally receive updates, special offers or information about travel related products, services and information.

5. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY.

5.1 Site Participants are independent contractors and do not act for or on behalf of Vacation.com. Vacation.com shall not be liable for the performance or non-performance of any Site Participants, or for any claims of any nature arising out of any Site Participant's acts or omissions, breach of contract, breach of warranty, failure to pay commissions, or any other cause.

5.2 NEITHER VACATION.COM NOR ANY SITE PARTICIPANT MAKES ANY WARRANTY OR REPRESENTATION OF ANY KIND OR ASSUMES ANY LIABILITY OF ANY KIND REGARDING THE FOLLOWING:

a.) THE USE OF THIS SITE AND/OR ANY INFORMATION, CONTENT OR DATA PROVIDED ON OR THROUGH THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS;

b.) THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY OF THE INFORMATION, CONTENT OR DATA FOUND ON THIS SITE;

c.) VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY CONTENT, MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE OR SITES TO WHICH THIS SITE MAY BE LINKED;

d.) ANY FAILURE OR DELAY, INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE;

e.) THE PERFORMANCE OR NON PERFORMANCE OF ANY AND ALL SERVICES PROVIDED ON THIS SITE BY VACATION.COM AND/OR ANY SITE PARTICIPANT, EVEN IF VACATION.COM OR THE SITE PARTICIPANT HAS BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES; OR

f.) THE CONTENT OF ANY OTHER WEB SITES TO WHICH THIS SITE MAY BE LINKED AND ANY CONSEQUENCES OF LINKING TO ANY SUCH SITES.

5.3 IN NO EVENT SHALL ANY VACATION.COM OR ANY SITE PARTICIPANT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, DIRECT OR OTHERWISE, INCLUDING ANY CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT OR INCIDENTAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS, REVENUE OR SAVINGS), OR ANY COST OR EXPENSE, WHETHER BASED IN CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE CAUSES DESCRIBED ABOVE. IF FOR ANY REASON THE FOREGOING LIMITATION DOES NOT APPLY, THE LIABILITY OF VACATION.COM AND ALL SITE PARTICIPANTS SHALL NOT EXCEED, IN THE AGGREGATE, THE GREATER OF

(A) THE SUBSCRIPTION FEE AND SERVICE CHARGE FOR ACCESSING THIS SITE OR

(B) ONE HUNDRED US DOLLARS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY, THUS THE FOREGOING LIMITATION(S) MAY NOT APPLY TO YOU.

6. GOVERNING LAW AND JURISDICTION This Agreement and its performance shall be governed by the laws of the State of Florida, United States of America, without regard to its conflicts of law provisions. You consent and submit to the jurisdiction of the state and federal courts located in Florida, United States of America, in all questions and controversies arising out of this Agreement and your use of this Site.