CHANGES TO TERMS
We reserve the right, in our sole discretion, to amend and alter these Terms from time to time and in such manner as we, in our sole discretion, think fit. By continuing to access, use or browse the Site in any way, you agree to, and are bound by, any changes to these Terms. Your use of the Site shall be subject to the most current version of these Terms. Please check these Terms periodically for changes and to review the then current version of these Terms.
We reserve the right, in our sole discretion, to change any or all content on the Site from time to time and in such manner as we, in our sole discretion, think fit, including, but not limited to, products, programs, or services described on or offered through the Site, without notice and without liability.
We reserve the right, in our sole discretion, to delete or remove any content from the Site, and to restrict, suspend, or terminate your access to all or part of the Site, at any time, or any reason or no reason, without prior notice from, or liability to, us.
Although we endeavour to provide constant, uninterrupted access to the Site, we cannot and do not guarantee this. From time to time, access to the Site may not be available due to outages for any or no reason, such as scheduled maintenance or upgrades or events beyond our control.
HARDWARE AND SOFTWARE REQUIREMENTS
We accept no responsibility or liability for any changes, or the obligation to notify you of any changes, to the hardware and software requirements that are likely to have an impact on your ability to receive, access, display, store, and make prints or other information that we may provide to you on the Site.
Except as expressly permitted by these Terms, you may not:
We reserve the right, in our sole discretion, at all times to monitor, retain or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
The Site, and all materials and content on the Site, including without limitation, trademarks, logos, service marks, designs, images, illustrations, text, audio clips, video clips, displayed on the Site, is governed and protected by United States and worldwide copyright, trademark, or other intellectual property laws and treaty provisions, privacy and publicity laws, and communications regulations and statutes (“Intellectual Property”). The Intellectual Property is owned or controlled by us or other parties that have licensed to us the right to use their Intellectual Property or the right to market their products or services ("IP Providers").
The Intellectual Property is provided solely for your personal and non-commercial use. You shall not copy, reproduce, republish, upload, post, transmit, distribute, redistribute, incorporate into or store in any other web site, networked computer environment, electronic retrieval system, publication or other work in any form, or otherwise use or exploit the content on the Site without our prior written consent or the consent of the relevant IP Provider except as follows:
You shall not provide a link to the Site from another web site without our prior written consent.
Nothing displayed on the Site shall be construed as granting any licence or right of use of any Intellectual Property.
All software, applications, and modules used or available on the Site ("Software") are proprietary to or licensed to us by other parties ("Software Providers", together with IP Providers, the "Providers"). You may not reproduce, reverse engineer, create derivative works of, reverse assemble or reverse compile, sell, lease, distribute, rent, assign, transfer, or modify any Software.
The United States controls the export of products and information. You agree to comply with any applicable restrictions and not to export or re-export the Intellectual Property to countries or persons prohibited under United States' export control laws. By using, copying, or downloading any portion of the Intellectual Property, you warrant and represent that:
THIRD PARTY LINKS
The Site may contain links to third party web sites ("Third Party Sites"). These links are provided by us solely for your convenience. While we make every effort to include links to only Third Party Sites that are in good taste and safe for our visitors, we do not regularly review materials or content appearing on, or posted at, Third Party Sites. We do not control or maintain Third Party Sites and we are not responsible for:
The inclusion of any link does not imply our endorsement of any Third Party Sites, the materials or content appearing on, or posted at, Third Party Sites, or any association with its operators other than as expressly stated. We shall not be responsible for, and we make no representation regarding, the content on any Third Party Site.
If you choose to link to any Third Party Sites, you do so at your own risk. You should take your own precautions in respect of your use of Third Party Sites. We accept no responsibility for any harmful code that may be introduced into your system by using any Third Party Site. We specifically disclaim any liability with regard to any Third Party Sites and any actions resulting from your accessing of, and participation in, any Third Party Sites.
You are solely responsible for any dealings with third parties (including advertisers) who support the Site or who are identified in the web pages that are part of the Site or whose services are made available via the Site, including the delivery of and payment for goods and services and compliance with their reservation and booking policies.
It is your responsibility to verify the accuracy and details of any information contained in your itinerary with your travel agent. It is also your responsibility to contact your travel agent if you do not understand any aspect of your itinerary, such as the fare or rate rules, or any code-share flight information, if you require detailed information regarding your itinerary, or if you wish to make any changes to you reservations or purchases.
In providing your itinerary on the Site, we act as an intermediary only and not the supplier or provider of any products or services relating to any of the whole or part of your reservations. We shall not be responsible for any claims that may result from your use of the Site, including, but not limited to:
Your reservation or purchase is governed by separate terms and conditions. You are obligated to comply with such terms and conditions. It is in your best interests to review those terms and conditions carefully at the time they are made available to you.
You acknowledge that you have read the rental or sales contract information relating to your itinerary, the terms of which are incorporated in these Terms, and agree to, and are bound by, such terms.
INFORMATION SENT FROM USERS
We would like to receive your voluntary feedback and suggestions on the Site to support continual improvements in the Service. To solicit your feedback, we may invite you to participate in usability studies, surveys, and other types of qualitative and quantitative research to help us better design the Site, plan new features, and help understand the needs and preferences of visitors to the Site.
As between the two of us, any content you send to us, whether via e-mail, forms, messages, ideas, or suggestions, becomes our sole property and is transmitted by you at your sole risk. You represent and warrant that you own or have the right to submit such information to us.
You represent and warrant that:
YOUR USE OF THE SITE SHALL BE AT YOUR OWN RISK. THE INFORMATION CONTAINED ON THE SITE IS FOR GENERAL INFORMATION PURPOSES ONLY AND YOU SHOULD INDEPENDENTLY VERIFY THE INFORMATION CONTAINED IN THE SITE. THE SITE, AND THE CONTENTS, MATERIALS, INFORMATION, SOFTWARE AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE, MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. ALL SUCH INFORMATION, INTELLECTUAL PROPERTY, SOFTWARE, PRODUCTS OR SERVICES ARE PROVIDED "AS IS" AND WITHOUT REPRESENTATION, WARRANTY OR GUARANTEE OF ANY KIND.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, AND OUR PROVIDERS, DISCLAIM ALL WARRANTIES, GUARANTEES, AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO:
ALTHOUGH WE ENDEAVOUR TO PROVIDE CONSTANT, UNINTERRUPTED ACCESS TO THE SITE, WE CANNOT AND DO NOT GUARANTEE THIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ACCEPT NO RESPONSIBILITY OR LIABILITY FOR ANY INTERRUPTION OR DELAY OR FOR ANY LOSS OR DAMAGE YOU MAY SUFFER AS A RESULT OF ANY INTERRUPTION OR DELAY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ACCEPT NO RESPONSIBILITY OR LIABILITY FOR ANY LOSS OR DAMAGE YOU MAY SUFFER AS A RESULT OF YOUR RELIANCE ON ANY PART OF THE SITE. YOU ALONE ASSUME ANY AND ALL COSTS ARISING IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER USER WHO HAS ACCESSED THE SITE VIA YOUR LOGIN, PASSWORD OR OTHER ACCESS INFORMATION.
YOUR USE OF THE SITE, ANY THIRD PARTY SITE OR THE INFORMATION, INTELLECTUAL PROPERTY, SOFTWARE, PRODUCTS OR SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE SHALL BE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES, WHETHER AS A RESULT OF ANY COMPUTER VIRUS, SIMILAR SOFTWARE CODE OR OTHERWISE.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT:
ANY CLAIM OR CAUSE OF ACTION ARISING FROM, OR RELATING TO, YOUR ACCESS AND USE OF, THE SITE SHALL BE BROUGHT WITHIN ONE (1) YEAR FROM THE DATE ON WHICH SUCH CLAIM OR ACTION AROSE OR ACCRUED.
WE ACCEPT NO RESPONSIBILITY OR LIABILITY FOR ANY MISUSE, LOSS, MODIFICATION, OR UNAVAILABILITY OF THE SITE OR ANY MATERIALS OR CONTENT FROM THE SITE.
THE LIMITATIONS SPECIFIED IN THESE TERMS SHALL 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 CDC VILLAS AND THE PROVIDERS, AND TO ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, ATTORNEYS, AND AGENTS.
Accessing materials, contents and services available on the Site from territories where such materials, contents and services are illegal is prohibited. If you choose to access the Site from such locations, you do so at your own risk, on your own initiative and shall be solely responsible for complying with applicable laws, rules and regulations.
These Terms are for our benefit and that of the Providers, our and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its, or their own, behalf. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You shall defend and indemnify us, our subsidiaries, affiliates, officers, directors, employees, and agents, or our Providers, and each of their respective officers, directors, employees, and agents, from and against any claim, cause of action, or demand, including without limitation reasonable legal and accounting fees, brought by you, on your behalf in excess of the liability described in these Terms or by any third party against us, our subsidiaries, affiliates, officers, directors, employees, or agents, or our Providers, and each of their respective officers, directors, employees, or agents, due to or arising out of content you submit, post to or transmit through the Site (including, without limitation, computer viruses), your use of or connection to the Site, your use of or connection to any Third Party Site, your violation of these Terms, any law, rules and regulations, or the rights of any third party, or your use of any Intellectual Property or Software on the Site.
These Terms, and any other terms and conditions incorporated by reference in these Terms constitute the entire agreement with respect to the Site and your use of the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to the Site and your use of the Site.
A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on 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.
The headings in these Terms are for information only and are to be ignored in construing these Terms. The headings shall not limit or affect these Terms.
We reserve the right to report any wrongdoing, if and when we become aware of it, to any applicable government and regulatory agencies.
We reserve all rights not expressly granted or stated in these Terms.
Although translations of these Terms, including any other terms and conditions referenced in these Terms, may be available, such translations may not be up to date or complete. You agree that in the event of any conflict, the English language version of these Terms, and any other terms and conditions referenced in these Terms, shall prevail.
The Site (excluding any Third Party Sites) is controlled by us from our offices in the State of Massachusetts, U.S.A.
These Terms shall be governed by and construed in accordance with the laws of the State of Massachusetts, U.S.A., without giving effect to any principles of conflicts of law.
You agree that any action at law or in equity arising out of or relating to the Site or these Terms shall be filed only in the state or federal courts located in Peabody, MA, U.S.A., and you hereby agree, and submit, to the exclusive personal jurisdiction of such courts for the purposes of litigating any such action.
If for any reason any provision of these Terms is:
such provision shall be deemed deleted without prejudice to the remaining provisions of these Terms which shall continue in full force and effect and continue to be binding and enforceable.
A waiver of any term, provision or condition of, or consent granted under, these Terms shall be effective only if given in writing and signed by us. Such waiver shall only be effective in the instance, and for the purpose for which, it is given.
No failure or delay on our part in exercising any right, power or privilege under these Terms shall operate as a waiver of such right, power or privilege.
No single or partial exercise of any right, power or privilege by us shall preclude any other or further exercise of such right, power or privilege or the exercise of any other right, power or privilege by us.
If you have any questions or concerns about the Site or these Terms, please contact us at 3 Lakeland Park Peabody, MA U.S.A.
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