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AGREEMENT BETWEEN CUSTOMER AND E-DESTINACCESS, INC.

 Welcome to the e-dmc.com website (the "Website"). This Website is provided solely to assist customers in gathering  destination activity information, determining the availability of destination travel-related goods and services, making legitimate reservations or otherwise transacting business with destination suppliers, and for no other purposes. The terms "we", "us", "our" and "e-destinAccess, Inc. " refer to e-destinAccess, Inc. , a Nevada corporation. The term "you" refers to the customer visiting the Website and/or booking a reservation through us on this Website.

This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Agreement"). By accessing or using this Website in any manner, you agree to be bound by the Agreement. To the extent you book any travel products or services on this Website, you agree that this Agreement shall apply to all such transactions. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this Website. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.

USE OF THE WEBSITE

 As a condition of your use of this Website, you warrant that (i) you are at least 18 years of age; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use this Website in accordance with this Agreement; (iv) you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act; (v) you will inform such other persons about the terms and conditions that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto; (vi) all information supplied by you on this Website is true, accurate, current and complete, and (vii) if you have an e-guestaccess account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

PROHIBITED ACTIVITIES

 The content and information on this Website (including, but not limited to, price and availability of suppliers goods and services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your itinerary (and related documents) for services booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:

(i) use this Website or its contents for any commercial purpose absent our express written permission; or

(ii) make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;

(iii) access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;

(iv) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;

(v) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

(vi) deep-link to any portion of this Website (including, without limitation, the purchase path for any services) for any purpose without our express written permission; or

(vii) "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.

SUPPLIER RULES AND RESTRICTIONS

 Additional terms and conditions imposed by Suppliers will apply to your reservation and purchase of travel-related goods and services that you select. Please refer to Suppliers additional terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of products, or services. Some suppliers may require you to present a credit card or cash deposit to cover additional expenses . Such deposit is unrelated to any payment received by e-destinAccess, Inc. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier's rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.

PRIVACY POLICY

 e-destinAccess, Inc  believes in protecting your privacy.  We understand that booking online involves significant trust on your part. We value your trust, and make it a high priority to ensure the security and confidentiality of the personal information you provide to us. Please read this policy to learn about our privacy practices. By visiting this website, you are accepting the practices described herein.

 

What information we collect from you
In General. We receive and store any information you enter on our website or give us in any other way. This includes information that can identify you ("personal information"), including your first and last name, telephone number, postal and email addresses, fax number. Billing information (such as credit card number, cardholder name, and expiration date) will not be stored but required in order for you to initiate purchase transactions on our site.

Travel Companion Information. When you make a reservation for someone else through this website, we will request personal information about that individual. You should obtain the consent of other individuals prior to providing us with their personal information..

Automatic Information. We automatically collect some information about your computer when you visit this website. For example, we will collect your IP address, Web browser software (such as Firefox, Safari, or Internet Explorer), and referring website. We also may collect information about your online activity, such as trips viewed and bookings made. Our goals in collecting this automatic information include helping customize your user experience and inhibiting fraud.

How we use your information
We use sensitive billing information (such as cardholder name, credit card number, and expiration date) for the sole purpose of completing the travel bookings you conduct on our site. We use other information about you for the following general purposes: to provide you with the products and services you request; to provide you with travel confirmation and updates; to manage your account, including processing bills and providing travel notifications; to communicate with you in general; to respond to your questions and comments; to notify you about special offers and products or services that may be of interest to you; to otherwise customize your experience with this website; to solicit information from you, including through surveys; to resolve disputes, collect fees, or troubleshoot problems; to prevent potentially prohibited or illegal activities; to enforce our Terms of Use; and as otherwise described to you at the point of collection.

Email Communications. We want to make it easy for you to take advantage of travel-related opportunities on our website. One way we do this is by sending you email messages that contain information about your apparent travel-related purchases. For example, if you search for an activity in New York on our website and have saved your itinerary or otherwise not yet booked your travel, we may send you an email message reminding you about your saved travel itinerary or about special activities in New York. Please note that you will have the opportunity to choose not to receive these email messages in any such email we send.

With whom we share your information
This website may share your information with the following entities:

  • Suppliers, such as hotel, airline, car rental, and activity providers, who fulfill your travel reservations. Throughout this site, all services provided by a third-party supplier are described as such. We do not share your email address with these suppliers unless they need it to fulfill the travel reservation you have made on e-dmc.com, and we restrict their use of this information to that purpose. We do not place limitations on our suppliers' use or disclosure of your other personal information. Therefore, we encourage you to review the privacy policies of any travel supplier whose products you purchase through this site. Please note that these suppliers also may contact you as necessary to obtain additional information about you, facilitate your travel reservation, or respond to a review you may submit.
  • Third-party vendors who provide services or functions on our behalf, including credit card processing, business analytics, customer service, marketing, distribution of surveys or sweepstakes programs, and fraud prevention. We may also authorize third-party vendors to collect information on our behalf, including as necessary to operate features of our website or to facilitate the delivery of online advertising tailored to your interests. Third-party vendors have access to and may collect information only as needed to perform their functions and are not permitted to share or use the information for any other purpose. They are also required to follow the same data security practices that we ourselves adhere to.
  • Business partners with whom we may jointly offer products or services, or whose products or services may be offered on our website. You can tell when a third party is involved in a product or service you have requested because their name will appear, either alone or with ours. If you choose to access these optional services, we may share information about you, including your personal information, with those partners. Please note that we do not control the privacy practices of these third-party business partners and encourage you to review their privacy policies before you respond to any joint offer.
  • Referring websites. If you were referred to this website from another site (for example, through a link you clicked on another site that directed you to this one), we may share some information about you with that referring website. We have not placed limitations on the referring websites’ use of your personal information and we encourage you to review the privacy policies of any website that referred you here.

We also may share your information:

  • In response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases we reserve the right to raise or waive any legal objection or right available to us.
  • When we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of our company or this website, our customers, or others; and in connection with our Terms of Service and other agreements.
  • In connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.

Other than as set out above, you will be notified when personal information about you will be shared with third parties, and you will have an opportunity to choose not to have us share such information.

We also may share aggregate or anonymous information with third parties, including advertisers and investors. For example, we may tell our advertisers the number of visitors our website receives or the most popular destinations. This information does not contain any personal information and is used to develop content and services we hope you will find of interest.

How you can access your information
You can access and update your contact information by visiting this website’s Member Profile page. You can close your account by contacting us at the email address listed below. Please note that after you close an account, you will not be able to sign in or access any of your personal information. However, you can open a new account at any time. Please also note that we may retain certain information associated with your account, including for analytical purposes as well as for recordkeeping integrity.

Your choices with respect to collection and use of your information

  • As discussed above, you can choose not to provide us with any information, although it may be needed to book travel or to take advantage of certain features offered on this site.
  • You also can add or update information and close your account as described above.
  • You may have the opportunity on our website to provide a mobile number in order to receive day-of-travel flight alerts. You may discontinue these alerts at any time.

Cookies and other technologies
Cookies are small data text files and can be stored on your computer’s hard drive (if your Web browser permits). This website uses cookies for the following general purposes:

  • To help us recognize your browser as a previous visitor and save and remember any preferences that may have been set while your browser was visiting our site. For example, if you register on our site, we may use cookies to remember your registration information, so you do not need to log into our site each time you visit. We also may record your password in a cookie, if you checked the box entitled "Sign me in automatically next time." Please note that member IDs, passwords, and any other account-related data included in such cookies are encrypted for security purposes. Unless you register with us, these cookies will not contain any personal information.
  • To help us customize the content and advertisements provided to you on this website and on other sites across the Internet. For example, when you access a page on our website, a cookie is automatically set by us, our service providers, or our partners to recognize your browser as you navigate on the Internet and to present you with information and advertising based on your apparent interests. To help measure and research the effectiveness of website features and offerings, advertisements, and email communications (by determining which emails you open and act upon).

The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Please note that if you refuse to accept cookies, you may not be able to access many of the travel tools offered on our sites.

In addition to the above cookies, we use Local Shared Objects, also referred to as ”flash cookies,” on our web site. Local Shared Objects are similar to browser cookies, but can store data more complex than simple text. By themselves, they cannot do anything to or with the data on your computer. Like other cookies, they can only access personally identifiable information that you have provided on this site, and cannot be accessed by other websites. To find out more about flash cookies or how to disable them, please click here: http://www.adobe.com/products/flashplayer/articles/lso/.

This site may also use Web beacons (also known as clear gifs, pixel tags or Web bugs), which are tiny graphics with a unique identifier, similar in function to cookies, that are placed in the code of a Web page. We use Web beacons to monitor the traffic patterns of users from one page within our sites to another, to deliver or communicate with cookies, to understand whether you have come to our site from an online advertisement displayed on a third-party website, and to improve site performance. We also may allow our service providers to use Web beacons to help us understand which emails have been opened by recipients and to track the visitor traffic and actions on our site. This helps us measure the effectiveness of our content and other offerings.

Display of tailored advertising/Your choices
Data collected by this website to serve you with relevant advertising. e-destinAccess, Inc. .com is committed to providing you with relevant content and information. To do this, we may, through the use of technology collect information about your travel-related searches. We use this information, together with other information we have collected about you, to serve you with ads, on our website or elsewhere online, that match your apparent interests.

How we protect your information
We want you to feel confident about using this website to make travel arrangements, and we are committed to protecting the information we collect. While no website can guarantee security, we have implemented appropriate administrative, technical, and physical security procedures to help protect the personal information you provide to us. For example, only authorized employees are permitted to access personal information, and they may only do so for permitted business functions. In addition, we use encryption when transmitting your sensitive personal information between your system and ours, and we employ firewalls and intrusion detection systems to help prevent unauthorized persons from gaining access to your information.

Children's privacy
This is a general audience website and does not offer services directed to children. Should a child whom we know to be under 13 send personal information to us, we will use that information only to respond directly to that child to inform him or her that we must have parental consent before receiving his or her personal information.

External Links
If any part of this website links you to other sites, those sites do not operate under this Privacy Policy. We recommend you examine the privacy statements posted on those other websites to understand their procedures for collecting, using, and disclosing personal information.

Visiting our website from outside the United States
If you are visiting our website from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States, where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country, but please be assured that we take steps to ensure that your privacy is protected. By using our services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this Policy.

Changes to this Privacy Policy
We may update this Privacy Policy in the future. We will notify you about material changes to this Privacy Policy by sending a notice to the email address you provided to us or by placing a prominent notice on our website.

REVIEWS, COMMENTS AND OTHER SUBMISSIONS

 We appreciate hearing from you. Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, including any reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant e-destinAccess, Inc., and its corporate affiliates (collectively, the "e-destinAccess, Inc. Companies") and the affiliated, co-branded and/or linked website partners through whom we provide services (collectively, the "e-destinAccess, Inc. Affiliates"), a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that the e-destinAccess, Inc  Companies may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a review that you submit) at our discretion, and that such submissions may be shared with our supplier partners. You further grant the e-destinAccess, Inc. the right to pursue at law any person or entity that violates your or the e-destinAccess, Inc.'s rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Website. If you do not agree to these terms and conditions, please do not provide us with any Submissions.

You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to this Website). You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that e-destinAccess, Inc.  may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you. If you submit more than one review for the same supplier, only your most recent submission is eligible for use.

e-destinAccess, Inc. 's policies with respect to claims by third parties that the content of the Website, including the content of any Submissions, infringes the copyrights owned by said third party can be found in the Claims of Copyright Infringement section below.

 

 

PREPAID RESERVATIONS

 You acknowledge that the e-destinAccess, Inc. pre-negotiates certain rates with suppliers to facilitate the booking of reservations on your behalf. The rate displayed on the Website is a combination of the pre-negotiated rate reserved on your behalf by us and the facilitation fee retained by us to compensate for our services. You authorize e-guestaccess to book reservations for the listed price, which includes the rate displayed on the Website, plus tax recovery charges, and service fees, where applicable, and taxes, where applicable. You agree that your credit card will be charged by e-destinAccess, Inc. for the total reservation price. Upon submitting your reservation request you authorize e-destinAccess, Inc. to facilitate reservations on your behalf, including making payment arrangements with suppliers.

You acknowledge that, except as provided below with respect to tax obligations on e-destinAccess services in Arizona State and New York City, e-destinAccess, Inc  does not collect taxes for remittance to applicable taxing authorities. The suppliers are responsible for remitting applicable taxes to their applicable taxing jurisdictions. e-destinAccess, Inc. does not act as co-vendors with the supplier with whom we book or reserve our customer's travel services. Taxability and the appropriate tax rate vary greatly by location. We retain our service fees as compensation in servicing your travel reservation. Our service fees vary based on the amount and type of reservation.

You may cancel or change your prepaid reservation, but you will be charged the cancellation or change fee indicated in the rules and restrictions for the supplier. If you do not cancel or change your reservation before the cancellation policy period applicable to the supplier, which varies by supplier (usually 24 to 72 hours) prior to your date of service, you will be subject to a cancellation charge including service fees. In the event you do not show for your  reservation, you must confirm the reservation changes with the supplier to prevent cancellation of your reservation. You must make refund requests for no-shows within 60 days of your scheduled reservation date.

You agree to pay any cancellation or change fees that you incur. In limited cases, some suppliers do not permit changes to or cancellations of reservations after they are made, as indicated in the rules and restrictions for the suppliers reservation. You agree to abide by the terms and conditions imposed with respect to your prepaid reservations.

TRAVEL DESTINATIONS

 Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. e-destinAccess, Inc.  urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.

BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, E-DESTINACCESS, INC.  DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

LIABILITY DISCLAIMER

 THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. IN PARTICULAR, e-DESTINACCESS, INC. DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE ACTIVITIES, TOURS, RECREATIONAL ACTIVITIES, TRANSPORTATION, AND OTHER TRAVEL PRODUCTS AND SERVICES DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF INCLUSIONS, GENERAL PRODUCT DESCRIPTIONS, ETC.), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. IN ADDITION, E-DESTINACCESS, INC.  EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY.

WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY US. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. E-DESTINACCESS, INC AND THEIR  RESPECTIVE SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. E-DESTINACCESS, INC, AND THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

THE CARRIERS, AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ON THIS WEBSITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF E-DESTINACCESS, INC.  E-DESTINACCESS AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. E-DESTINACCESS, INC AND THEIR AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

IN NO EVENT SHALL E-DESTINACCESS, INC, AND/OR THEIR RESPECTIVE AFFILIATES, AND/OR THIER RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF E-DESTINACCESS, INC, THE E-DESTINACCESS AFFILIATES AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If, despite the limitation above, e-destinAccess, Inc, the e-destinAccess, Inc Affiliates or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of e-destinAccess, Inc, the e-destinAccess, Inc.  Affiliates and/or their respective suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to e-destinAccess, Inc.  in connection with such transaction(s) on this Website, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of e-destinAccess, Inc., the e-destinAccess, Inc. Affiliates, and/or their respective suppliers.

INDEMNIFICATION

 You agree to defend and indemnify e-destinAccess, Inc., the e-destinAccess, Inc  Affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

(a) your breach of this Agreement or the documents referenced herein;

(b) your violation of any law or the rights of a third party; or

(c) your use of this Website.

LINKS TO THIRD-PARTY SITES

 This Website may contain hyperlinks to websites operated by parties other than e-destinAccess, Inc.  Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

SOFTWARE AVAILABLE ON THIS WEBSITE

 Any software or documents that are made available to download from this Website ("Software") is the copyrighted work of e-destinAccess, Inc  and/or our respective suppliers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Website in accordance with these terms and conditions and for no other purpose.

Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Website, is owned by e-destinAccess, Inc, e-destinAccess, Inc Affiliates, and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

CURRENCY CONVERTER/LANGUAGE INTERPRETOR

 If a currency convertor or Language translator functionality is available on the Website, the following terms and conditions apply: Currency rates and or Language Translation is based on various publicly available sources and should be used as guidelines only. Rates  and or content is not verified as accurate, and actual rates or interpretation may vary. Currency quotes are not updated every day. If applicable, check the date on the currency converter feature for the day that currency was last updated. The information supplied by this application is believed to be accurate, but e-destinAccess, Inc, the e-destinAccess, Inc Affiliates, and/or our respective suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.

BANK AND CREDIT CARD FEES

 Some banks and credit cards impose fees for international transactions. If you are making a booking from outside of the United States on a US credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the billing summary page for a reservation booked on the Website. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of the United States. Booking international travel may be considered to be an international transaction by the bank or card company, since e-destinAccess, Inc.  may pass on your payment to an international travel supplier. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.

COPYRIGHT AND TRADEMARK NOTICES

 All contents of this Website are: © 2010 e-destinAccess, Inc.  All rights reserved.

e-destinAccess, Inc.  is not responsible for content on websites operated by parties other than e-destinAccess, Inc.  Other logos and product and company names contained therein may be the trademarks of their respective owners.

If you are aware of an infringement of our brand, please let us know by e-mailing us legal@e-destinaccess.com. We only address messages concerning brand infringement at this email address.

CLAIMS OF COPYRIGHT INFRINGEMENT

 If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information:

A clear identification of the copyrighted work you claim was infringed.

A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material.

Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.

A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."

A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices with respect to this Website should be sent to us by any of the following methods: email to legal@e-destinaccess.com by mail to the address below, by phone at the number below, or by facsimile to the number below:

e-destinAccess, Inc.

Attn: IP/Trademark Counsel

6078 E Paseo Cimarron

Tucson, AZ 85750

Phone: (866) 694-0789

Facsimile: (586) 816-2959

 

We will review and address all notices that comply with the requirements above.  We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that you may be liable for damages if you make a false claim of copyright infringement.

PATENT NOTICES

 One or more U.S. or foreign patents owned by e-destinAccess, Inc  apply to this site and to the features and services accessible via the site. In addition, portions of this site operate under license of one or more patents.

GENERAL

 Your use of mapping available on this Website is governed by the Microsoft Terms of Use and Microsoft Privacy Statement. Microsoft reserves the right to change the Microsoft Terms of Use and Privacy Statements at any time, at their sole discretion. Please click here for additional information: Microsoft Terms of Use and Microsoft Privacy Policy

This Website is operated by a U.S. entity and this Agreement is governed by the laws of the State of California, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Orange County, California, USA, in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

You agree that no joint venture, partnership, or employment relationship exists between you and the e-destinAccess, Inc as a result of this Agreement or use of this Website.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and e-destinAccess, Inc.  with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and e-destinAccess, Inc.  with respect to this 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.

Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.

Any rights not expressly granted herein are reserved.

SERVICE HELP

 For quick answers to your questions or ways to contact us, call our Customer Support Center at 866.694.0789 Or, you can email us at mpc@e-dmc.com or write to us at:

Attn: Customer Service

e-destinAccess, Inc.

6078 E Paseo Cimarron

Tucson, AZ 85750

 

Revised August 11, 2011

©2011 e-destinAccess, Inc.  All rights reserved.