Terms of Use
Welcome to the TripOnAShip.com("[AGENT]") Web site located at
http://triponaship.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.
Dated: 03/11/2013
http://triponaship.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.
- 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. [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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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 [email protected], or by phone
at (775) 830-5623.
- 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.
- 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.
- 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.
- 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.
- 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
[email protected] 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."
- 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.
- 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.
- 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: 03/11/2013