1. Background. These Access Terms of Service govern your use of the Holiday web site(s), currently available at http://www.holidaytoursinc.com, http://www.trustholiday.com, http://www.learnbytravel.com, http://www.motorcoachservices.com (the "Holiday Site(s)”), which is owned and operated by Holiday Tours, Inc. (“Holiday”). By using the Holiday Site(s), you agree to be bound by these Access Terms of Service. If you do not agree to these Access Terms of Service, you must immediately cease use of the Holiday Site(s).
2. Modifications to the Terms of Service. Holiday may change these Access Terms of Service from time to time without notice to you. Accordingly, you should review these Access Terms of Service periodically. By continuing to use the Holiday Site(s) you agree to be bound by the modifications to these Access Terms of Service. Holiday reserves the right to modify or discontinue, temporarily or permanently, the Holiday Site(s) or any feature of the Holiday Site(s), with or without notice to you. You agree that Holiday is not liable to you or any third-party for any such modification or discontinuance or your access to the Holiday Site(s).
3. Access License. Subject to these Terms of Service, Holiday grants you a limited, nonexclusive, nontransferable license to access the Holiday Site(s) via the Internet, and to display and view the content of the Holiday Site(s), including any articles, information, logos, photographs, drawings, and other materials contained therein (the "Content"), on a single computer for informational purposes only. To the extent the Holiday Site(s) contains any executable or object code, you agree not to decompile, reverse engineer or disassemble such code. Except as expressly granted hereunder, Holiday reserves all rights in and to the Holiday Site(s), and nothing contained in these Terms of Service shall be construed as conferring, by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, trade dress, or other intellectual property right that Holiday or any third party may have in the Holiday Site(s) or its Content. Without limiting the generality of the foregoing, except as expressly granted hereunder, no right or license is granted to reproduce, distribute, publish, retransmit, create any derivative works of, or otherwise commercially exploit all or any portion of the Holiday Site(s) or the Content, whether electronically, mechanically, or otherwise, including but not limited to, the copying of presentation style, content, or content organization, without Holiday's prior written permission.
4. Links. You may not create links to the Holiday Site(s) without the prior written consent of Holiday. the Holiday Site(s) may contain links to other web sites or resources (the "Linked Sites"). You acknowledge and agree that Holiday has no control over and is not responsible for the availability of the Linked Sites. You further acknowledge and agree that Holiday does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from the Linked Sites. You agree that Holiday shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on the Linked Sites.
5. Copyrights and Notices. You acknowledge and agree that all right, title and interest in and to the Holiday Site(s) and any and all Content belong to Holiday or its third party content providers, and You agree not to assert any claim to the contrary. Except for the licenses expressly granted hereunder, all rights in and to the Content are specifically reserved to Holiday and its content providers. All logos, splash screens, page headers, custom graphics and button icons displayed on the Holiday Site(s) (collectively, "Marks") are service marks, trademarks, and/or trade dress of Holiday or its third party licensors, and nothing contained in this Agreement shall be construed to grant, by implication, estoppel or otherwise, any right or license to use the Marks. The use of any Holiday software or the software of third parties downloaded from the Holiday Site(s) shall be subject to the terms and conditions of the license provided with the software. You may not remove, alter or obscure any copyright or trademark notices or any other proprietary legends contained in the Holiday Site(s).
If you believe that any Content contained in the Holiday Site(s) infringes upon any copyrights that you own, you may notify Holiday's designated agent pursuant to the Digital Millennium Copyright Act at the following address:
Holiday Tours, Inc.
10367 Randleman Road
Randleman, NC 27317
6. User Content; Disclaimer of Sponsorship. You acknowledge and agree that the Holiday Site(s) may contain content that is provided by third parties, including, without limitation, other users of the Holiday Site(s). Holiday is a distributor and not a publisher with respect to content provided by third parties, and does not undertake to, and is not responsible for, reviewing or editing any third party content. Any opinions, advice, statements, services, offers or other information contained in third party content are those of their respective authors and not of Holiday or any of its affiliates. All brand, product, service, and process names appearing on this Holiday Site are trademarks and service marks of their respective owners. Holiday's reference to or use of a product, service, or process does not imply Holiday's recommendation, approval, affiliation, or sponsorship of the respective product, service, or process. Your correspondence with or participation in promotions, sales or other transactions with advertisers or other users, of this web site, including, without limitation, the purchase, sale and delivery of any related goods or services, attendance at any seminars or similar events and any other terms, conditions, warranties or representations associated with such advertisements or postings found on the web site, are solely between you and such advertiser or other user.
7. Disclaimer of Warranties. the Holiday Site(s) IS PROVIDED TO YOU "AS IS." YOU AGREE THAT YOU MUST INDEPENDENTLY EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH YOUR USE OF the Holiday Site(s) OR ITS CONTENT, INCLUDING WITHOUT LIMITATION ANY RELIANCE BY YOU ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF the Holiday Site(s). Holiday EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO the Holiday Site(s), WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE. Holiday MAKES NO WARRANTY THAT ANY PART OF the Holiday Site(s) (INCLUDING WITHOUT LIMITATION THE CONTENT) WILL MEET YOUR REQUIREMENTS, THAT ANY PART OF the Holiday Site(s) WILL BE UNINTERRUPTED, ERROR FREE, TIMELY, SECURE, FREE FROM VIRUSES OR OTHER COMPUTER INSTRUCTIONS WHICH DISRUPT, DAMAGE, DESTROY, OR INTERFERE WITH THE USE OF ELECTRONIC DEVICES OR COMPUTERS; NOR DOES Holiday MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM ANY USE OF the Holiday Site(s) OR AS TO THE ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY PART OF the Holiday Site(s) OR THAT ERRORS IN ANY PART OF the Holiday Site(s) WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM the Holiday Site(s) IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. Holiday MAKES NO WARRANTY REGARDING ANY GOODS NOTICES, EVENTS, LISTINGS OR SERVICES PURCHASED OR OBTAINED ARISING OUT OF, THROUGH OR FROM the Holiday Site(s), INCLUDING WITHOUT LIMITATION THE QUALITY OF SUCH GOODS OR SERVICES, THE TIMING OF EVENTS, THE ACCURACY OF LISTINGS, OR ANY TRANSACTIONS ENTERED INTO THROUGH the Holiday Site(s).
THIS WEB SITE IS SUBJECT TO CHANGE WITHOUT NOTICE TO YOU, AND Holiday OR ANY Holiday SUPPLIER MAY IMPROVE OR CHANGE THE WEB SITE AT ANY TIME.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8. Limitations on Liability. You agree that Holiday and its affiliates and their respective officers, directors, employees, contractors and agents shall not be liable for any damages, including without limitation direct, indirect, incidental, special, consequential, and exemplary damages.
Without limiting the generality of the foregoing, Holiday and its affiliates and their respective officers, directors, employees, contractors and agents shall not be liable for any damages for loss of profits, goodwill, use, or data, whether based on contract, tort, negligence, strict liability or otherwise, regardless of cause, even if Holiday has been advised of the possibility of such damages, arising out of or relating to (i) the use of, inability to use or delay in any part of the Holiday Site(s) or Content, including without limitation any errors and omissions and any untimeliness in the Holiday Site(s); (ii) the cost of procurement of substitute goods and services; (iii) any goods or services purchased or obtained through or from the Holiday Site(s); (iv) messages or content received or transactions entered into through or from the Holiday Site(s), including without limitation computer viruses; (v) unauthorized access to or alteration of your transmissions or data; or (vi) interruption, suspension or termination of the Holiday Site(s), regardless of whether such interruption, suspension or termination was justified, negligent or intentional, inadvertent or advertent.
If you are dissatisfied with any portion of the Holiday Site(s), your sole and exclusive remedy is to discontinue using the Holiday Site(s).
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.
9. Indemnification. You agree to indemnify, defend and hold Holiday, its affiliates and their respective officers, directors, employees, contractors and agents harmless from any claim, demand, liability, loss, damage, costs and expenses, including, without limitation, reasonable attorneys' fees, arising out of or relating to your use of the Holiday Site(s), including, without limitation arising out of or relating to any your violation of these Access Terms of Service or any other agreement with Holiday relating to your use of the Holiday Site(s), or your violation of any rights of a third party.
11. General Provisions. The Terms of Service and the relationship between you and Holiday shall be governed by the laws of the State of Virginia without regard to its conflict of law provisions. Any and all disputes arising from or in connection with the Holiday Site(s) shall be subject to binding arbitration conducted by a single arbitrator in Richmond, Virginia pursuant to the Commercial Arbitration Rules of the American Arbitration Association, as now or hereafter amended; provided, however, that Holiday shall be entitled to seek injunctive and other equitable relief in any forum of competent jurisdiction to enforce these Access Terms of Service or its rights in the Holiday Site(s) and its Content without first seeking or obtaining any decision in arbitration. No failure or delay of Holiday to exercise or enforce any right or remedy under these Access Terms of Service shall constitute a waiver thereof. If any provision of these Access Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Access Terms of Service remain in full force and effect.