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.