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TERMS
OF USE
Last Modified: July 22, 2004
IMPORTANT. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
Travx INC. ("Travx") provides access to this website, and the materials
available through the website (collectively, the "Site") subject to the
following terms of use (these "Terms"), which constitute a legal contract
between You (as either an individual or a legal entity, "You") and Travx. By
accessing or using the Site You agree to be bound by these Terms.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS YOU ARE NOT AUTHORIZED TO
ACCESS OR USE THE SITE OR THE MATERIALS CONTAINED THEREIN.
Access and Use of the Site
You are granted permission to access and use the Site, including
permission to display, copy, and download materials contained on the Site, on a
limited, nonexclusive basis solely for noncommercial informational purposes,
and strictly subject to these Terms. If You are accessing the Site on behalf of
a legal entity, the foregoing permission shall include officers, directors, and
employees of such entity authorized by the entity in accordance with these
Terms ("Authorized Users"); subject to such Authorized Users being bound by
these Terms to the same extent as You.
Proprietary Rights
The materials provided on the Site are the proprietary and
confidential information of Travx and any unauthorized use or copying of any
materials on the Site is strictly prohibited. As between You and Travx, Travx
shall retain all rights, title, interests, and ownership of any kind, including
but not limited to, any and all intellectual property rights of every kind
whatsoever, in and to the Site, and all information and materials available
through the Site. Neither You nor any other user shall be deemed to obtain any
rights to the Site or such materials except as expressly set forth in these
Terms. If You breach any of the terms contained herein, the permission above
granted automatically terminates and all use of the Site by You must cease
immediately.
Limitations
You shall not in any manner (i) distribute, use or make copies of, or
otherwise duplicate the materials contained on the Site, except as expressly
authorized under these Terms; (ii) make the Site, or any materials contained on
the Site, available to any unauthorized third party; (iii) use the Site to
harvest, collect, gather or assemble information or data; (iv) create any
Internet "link" to the Site, or "frame" or "mirror" the materials or services
contained on, or accessible from, the Site on any other server or
Internet-based device; or (v) remove, alter, amend, or otherwise tamper with
any titles, trademarks, copyrights, restricted rights notices, or other
proprietary rights legends, or any license agreement, included or provided in
connection with the Site.
User Password
The permission to access the Site is personal to You and other
Authorized Users within Your organization. You may not share Your password with
any person or entity that is not an Authorized User. You must notify Travx
immediately of any unauthorized use of Your password, or any other breach of
security that is known or suspected by You. You hereby represent and warrant
that all information provided Travx in obtaining Your password is current,
complete and correct, and that You will promptly update such information
following any change which renders it incomplete or incorrect. Travx may
terminate or refuse Your access to the Site if we suspect any information
provided by You is untrue, inaccurate, incomplete, not current, or misleading.
Changes to User Terms and Conditions
Travx reserves the right from time to time in its sole discretion to
establish or modify these Terms governing Your use of the Site by posting such
changes on the Site accessible by You, or as otherwise provided in these Terms.
By using or accessing the Site subsequent to the posting of any change to these
Terms You shall be deemed to have consented to such changes.
General Disclaimers
THE SITE IS PROVIDED BY Travx AND YOU AGREE THAT YOUR ACCESS AND USE
OF THE SITE IS "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT PERMITTED BY LAW, Travx DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.
Limitations
IN NO EVENT SHALL Travx BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER THEORY OF LAW, ARISING OUT OF
THE USE OF OR INABILITY TO USE THE SITE, EVEN IF Travx OR ANY Travx AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Termination
Travx may at any time and in its sole discretion without notice
terminate all rights granted hereunder, including Your password.
Entire Agreement/Amendments
These Terms constitutes the complete agreement between You and Travx
concerning the subject matter set forth herein, and supersedes all prior or
contemporaneous negotiations, agreements or representations in respect thereof.
These Terms may not be amended, modified or supplemented except in writing by
Travx posted to the Site as set forth herein above, and no other act, document,
usage or custom shall be deemed to amend, modify or supplement these Terms.
Assignment
You may not transfer or assign to any third party, in whole or in
part, Your password or any other rights or permissions granted under these
Terms, without the prior written consent of Travx, which consent Travx may
withhold in its sole discretion. Any attempted assignment in violation of this
provision shall be null and void and shall automatically terminate all rights
and permissions granted under these Terms.
Waiver
Neither party shall be deemed by any act, delay, or omission to have
waived any of its rights or remedies hereunder unless such waiver is in writing
and signed by the waiving party, and only to the extent specifically set forth
in said writing. A waiver, failure or delay in exercising any right, power or
privilege, or any single or partial exercise of any right, power or privilege,
will not act to preclude any subsequent or further exercise of that or any
other right, power or privilege.
Severability
If the application of any provision hereof to any particular party,
facts, or circumstance shall be held by a court of competent jurisdiction to be
invalid or unenforceable, then (i) such provision shall be reformed without
further action by the parties to the extent strictly necessary to render such
provision valid and enforceable when applied to such particular Party, facts,
or circumstances; and (ii) the validity and enforceability of such provision as
applied to any other particular Party, facts, or circumstances, and the
validity and enforceability of all of the other provisions hereof, shall in no
way be affected or impaired thereby.
Governing Law
These Terms shall be governed by and construed in accordance with the
laws of the State of Delaware applicable to contracts entered into and wholly
performed therein, without regard to that body of law pertaining to conflicts
of laws. Any suits or controversies between the Parties arising hereunder shall
be adjudicated before a court of competent jurisdiction located in the City and
County of New Castle, Delaware.
By completing the registration procedures and clicking on the "ACCEPT" button,
or otherwise accessing or using the Site, You agree to be bound by the Terms of
Use and to comply with all applicable laws and regulations, including U.S.
export and re-export control laws and regulations.
Copyright ©2004 Travx Inc. All rights reserved.
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