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TERMS & CONDITIONS |
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deposit and/or payment in full certifies that you understand and
agree to these Terms and Conditions. |
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General Rules and
Information:
- JOHNSTRAVEL.net (the "Site") is owned
and operated by John's Travel for your personal
non-commercial use only. John's Travel office is located in
the State of New York, USA.
- ACCEPTANCE OF TERMS. The services that
JOHNSTRAVEL.NET provides to you are subject to the following
Terms of Use (TOU). JOHNSTRAVEL.NET reserves the right to
update the TOU at any time without notice to you. The most
current version of the TOU can be reviewed by clicking on
the "Terms" hypertext link located at the bottom of our Web
pages.
- Certain areas of the Site may be
governed by additional, more specific agreements to which
you must agree before using those areas of the Site. The
specific agreements and this general agreement shall apply
equally. In the event of any irreconcilable inconsistency
between a provision of a specific agreement and this
Agreement, the specific agreement’s provision shall apply.
- If you are not at least 18 years old you
may not use the Site without adult supervision. You warrant
that you are at least 18 years old.
- If you have comments regarding the Site
or this Agreement, you may Contact us.
You must send any official correspondence via postal mail
to: John's Travel,
6102 20th Ave., Brooklyn,
NY 11204
Tel: 718-360-0594 Fax: 718-360-5206
Attn: Webmaster |
Your
Acceptance of This Agreement:
- By entering the Site you accept and are
bound by this Agreement without limitation, qualification or
change. You may not use the Site in any way that involves
failure to abide by any term or condition of this Agreement.
Changes to This Agreement:
- John's Travel reserves the right to
change this Agreement at any time. By continuing to use the
Site after a change is made, you accept and are bound by the
modified Agreement. Only John's Travel may alter this
Agreement.
Termination of this
Agreement:
- This Agreement is effective until John's
Travel terminates it. If at any time you determine that you
do not accept all the terms and conditions of this
Agreement, you must immediately discontinue use of the Site
and destroy all materials and copies of materials obtained
from the Site.
- If John's Travel determines that you
have not complied with any party of this Agreement, it may
terminate your access to the Site and any services provided
by the Site. Any termination of this Agreement removes your
authorization to access or use the Site and requires you to
destroy all electronic or other materials and copies of such
materials obtained from the Site. However, in the event of
termination, you will still be bound by your obligations
under this Agreement including the warranties made by you,
and by the disclaimers and limitations of liability.
Use of Intellectual
Property:
- The Site and all of its contents,
including but not limited to articles, other text,
photographs, images, illustrations, graphics, video
material, audio material, and other software (collectively
"Intellectual Property") are protected by copyright,
trademark and other laws of the United States, as well as
international conventions and the laws of other countries.
The Intellectual Property is owned or controlled by John's
Travel or the party credited as the provider of
Intellectual Property. Additionally, the Site itself is
protected by copyright as a collective work and or
compilation.
- You may not, and agree that you will
not, copy, download, distribute, publish, enter into a
database, display, perform, modify, create derivative works,
transmit, post, decompile, reverse engineer, disassemble or
in any way exploit any of the Intellectual Property, or the
Site itself, in whole or part, except as expressly provided
in this section of the Agreement.
- You may browse the Site and download one
copy of occasional materials appearing on the Site that are
of personal interest to you for personal, non-commercial
use. You must keep intact all copyright, trademark, and
other notices contained in this one personal copy. You may
not distribute, or otherwise make available to others, this
one personal copy. You may not save or archive a significant
portion of the material appearing on this Site.
- The names JOHNSTRAVEL.NET are
trademarks, tradenames and service marks of John's Travel.
- Third party names and marks used in this
website are the property of their respective owners.
General Limitation of
Liability; Disclaimer of Warranties:
- Your use and browsing of this Site is at
your own risk.
- THE SITE, AND ALL ITS CONTENTS, ARE
PROVIDED TO YOU "AS IS," WITHOUT ANY WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE RIGHTS OF
THIRD PARTIES. JOHN'S TRAVEL DOES NOT GUARANTEE THE ACCURACY OF
ANY INFORMATION OF ANY KIND FOUND ON THE SITE. YOUR RELIANCE
ON ANY INFORMATION FOUND ON THE SITE IS AT YOUR OWN RISK.
- JOHN'S TRAVEL, ITS SUBSIDIARY AND PARENT
COMPANIES, AFFILIATES AND ANY OTHERS INVOLVED IN CREATING
THE SITE AND ITS CONTENTS ARE NOT LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR PUNITIVE
DAMAGES RESULTING FROM ANY CIRCUMSTANCE INVOLVING THE SITE,
INCLUDING BUT NOT LIMITED TO JOHN'S TRAVEL’S NEGLIGENCE, YOUR
ACCESS TO AND USE OF THE SITE, THE UNAVAILABILITY OF THE
SITE, ERRORS OR INACCURACIES CONTAINED ON THE SITE, OR THE
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE
SITE, EVEN IF YOU HAVE ADVISED JOHN'S TRAVEL IN ADVANCE OF THE
POSSIBILITY OF SUCH DAMAGE.
- John's Travel is not responsible for or
liable for any damage, including damage caused by viruses,
to your computer, computer system, or other property, during
or on account of access or use of the Site or any sites to
which the Site provides hyperlinks ("links").
- The Site includes links to other
Internet sites, both related and unrelated to the Site, that
may be of interest to users. The presence of a link to a
third party site does not constitute or imply JOHN'S Travel’s
endorsement, sponsorship, or recommendation of the third
party or of the information or products contained on the
site. John's Travel does not monitor or control any linked
sites and is not responsible for their content or
availability.
Indemnification:
- You agree to indemnify, defend, and hold
harmless John's Travel, its subsidiaries, parent companies
and affiliates, from and against any and all claims,
actions, liabilities, costs and expenses, including without
limitation, reasonable attorney’s fees, arising out of your
breach of any provision of this Agreement or any warranty
you provide herein, or otherwise arising in any way out of
your use of or postings to the Site. You will cooperate
fully in any defense of such claim. John's Travel reserves
the right to take exclusive control of the defense of any
such claim.
Financial Information:
- In addition to, and without diminishing
any other provision of this Agreement, John's Travel assumes
no responsibility for financial or securities information
provided on the Site. You hereby acknowledge that you rely
on any financial or securities information received on or
through the Site at your own risk.
- You warrant that you will not engage in
stock manipulation, illegal proxy solicitation, or any other
activity contrary to local, state, or federal law, the
regulation of the U.S. Securities and Exchange Commission,
or any foreign law or regulation.
- John's Travel will not be liable to you
or any third party for any consequential, incidental,
special or indirect damages, including but not limited to
lost profits, trading losses and damages that may result
from inconvenience, delay, or loss of the use of
information, even if John's Travel is advised of the
possibility of such damages.
Fees:
- Access to and use of the Site is
currently available without charge. John's Travel reserves
the right to charge a fee for access to the Site, use of the
Site or access to or use of parts of the Site or services
available on the Site at any time in the future. Your access
to or use of the Site before this time does not entitle you
to use of the Site without charge in the future.
Forum Selection and
Litigation:
- This Agreement shall be governed by and
construed in accordance with the laws of the State of New
York, without regard to its conflicts of law provisions. You
agree to submit to the personal jurisdiction of the courts
of the State of New York, and exclusive venue in the federal
and state courts located in and serving Kings County, New
York as the legal forum for any cause of action arising out
of this Agreement.
- If a court deems any part of this
Agreement invalid, the remaining parts shall remain in full
force and effect.
- You agree to file any cause of action
with respect to this Agreement and your rights and
obligations in New York City , Kings County, New York within
one year after the cause of action arises. You agree that a
cause of action filed after this date is barred.
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