TERMS AND CONDITIONS OF USE (Effective July 26, 2004)

 

PLEASE READ THESE TERMS AND CONDITIONS OF USE ("Terms") CAREFULLY BEFORE USING THIS www.thor24.com WEB SITE (this "Site").

By using this Site, you signify your agreement to these Terms. If you are a minor, you are not permitted to use the Site unless and until your parent or guardian has accepted these Terms on your behalf. If you do not agree to these Terms, please do not use this Site. We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms at any time. Please check these Terms periodically for changes. Your continued use of this Site following the posting of changes to these Terms will mean you accept those changes. If you are a minor, "you" and "your" shall mean and include your parent or guardian acting on your behalf.

THE SITE
You may use this Site for legitimate purposes only, as more fully described on this Site, if you are a travel agent, hotelier or a preferred travel vendor. This Site may not be used for any other purpose or by any other person or entity or for any purpose that is deemed unlawful or prohibited by these Terms.

Please note that we may change, without notice and without liability to Travel Industries, Inc., d/b/a THOR, Inc. and Ticketing Technologies Corp., their respective affiliates or other parties that have licensed to THOR the right to use their material (collectively, "THOR") any or all of the content on the Site, including, but not limited to, products, programs, and/or services described in or offered through this Site.

COPYRIGHT & LICENSES
All materials and content on the Site, including, but not limited to, images, illustrations, text, maps, audio clips, and video clips, are protected by or consist of copyrights, trademarks, service marks, and/or other intellectual property rights ("Intellectual Property"). The Intellectual Property is governed and protected by United States and/or worldwide copyright, trademark, and/or other intellectual property laws and treaty provisions, privacy and publicity laws, and communications regulations and statutes. 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 and/or services (collectively the "IP Providers").

The Intellectual Property is provided solely for your use, as more fully described above. You agree to abide by all additional copyright notices, information, or restrictions contained in any material or content on the Site. You may download any Intellectual Property solely for your use, consistent with these Terms, provided that you maintain all copyright and other notices contained in such Intellectual Property. You may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit any Intellectual Property in any way (including by e-mail or other electronic means) without our prior written consent or that of the IP Providers. Modification of any Intellectual Property or use of any Intellectual Property for any other purpose is a violation of the copyrights, trademark rights, and other proprietary rights. The use of any Intellectual Property on any other site or networked computer environment, or maintaining unauthorized links to the Site, is prohibited by these Terms.

 

As a member of a THOR program, you may use the Site to access information directed to travel agents, hoteliers or preferred travel vendors, but you cannot use the Site for any purpose that is deemed unlawful or prohibited by these Terms. Violators may be prosecuted to the maximum extent of the law. You cannot (i) use any device, software, or routine that interferes or attempts to interfere with the normal operation of the Site; (ii) perform any action that is deemed by us to impose a burden or unreasonable load on our computer equipment; (iii) use any "robot," "spider," or other automatic device (or a program, algorithm, or methodology with similar processes or functionalities), or any manual process or functionality, to monitor, assemble, analyze, index, copy, transmit, distribute, transfer, or link to any of the pages, data, materials, or content available on this Site.  You cannot use the Site to violate the security of any system, network, or service, including, without limitation, the following: (i) unauthorized access to or use of data, including any attempt to circumvent user authentication or security of any host, network, or account (hacking, cracking, port scans, or flood pings); (ii) unauthorized monitoring of data or traffic; (iii) interfering with service to any user, host, system or network; (iv) conducting denial of service attacks; (v) any attempt to disrupt service including, but not limited to, distributing or introducing viruses, worms, or other harmful software.

All software, applications, and modules (collectively, "software") used on the Site 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 on the Site.

 

The United States controls the export of products and information. You agree to comply with such 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 are representing that you are not in a country where such export is prohibited; that you are not on the US Commerce Department's Table of Denial Orders or the US Treasury Department's list of Specially Designated Nationals; and that you are not providing access to the Intellectual Property to any person similarly situated.

INFORMATION SENT FROM USERS
Anything a user sends to THOR, including, but not limited to, all e-mails, forms, messages, ideas and suggestions, as between the user and THOR, becomes the sole property of THOR and is transmitted at the sole risk of the user. THOR will assume no liability for interception of such transmissions. THOR has the right to respond to customer service questions and to provide promotional information via e-mail.

RESPONSIBILITY
You are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your account or password. By using the Site, you represent that you are of sufficient legal age to use the Site and to create binding legal obligations for any liability you may incur as a result of the use of the Site. You understand that you are financially responsible for all uses of the Site by you and those using your account information and password. If you should lose your password or become aware that an unauthorized person may have access to your password, please contact feedback@THORtravelservices.com immediately.

The Site may contain links to sites that are not maintained by THOR. While THOR makes every effort to include links to only those sites that are in good taste and safe for our visitors, THOR does not regularly review materials posted at such sites. These links are provided solely as a convenience to you and THOR does not necessarily endorse all of the materials appearing on such sites, THOR shall not be responsible for the content on such sites, and THOR makes no representation regarding the content or accuracy of the content and cannot guarantee that such sites will not change without THOR's knowledge. If you decide to access linked any third party sites, you do so at your own risk.

DISCLAIMER
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE TO ANY OF THE MATERIALS PROVIDED ON THIS SITE. THOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT THOR) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, AND/OR OUR PROVIDERS OR DISTRIBUTORS, BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE SITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, MAPS, VIDEO, AUDIO, OR OTHER INFORMATION FROM THE SITE. IN NO EVENT SHALL WE, AND/OR OUR PROVIDERS OR DISTRIBUTORS, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, THAT ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THE USE, OR THE INABILITY TO USE, THE SITE OR THE SERVICES OR MATERIALS ON THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY, OR THAT OF OUR PROVIDERS OR DISTRIBUTORS, EXCEED THE GREATER OF THE AMOUNT GIVING RISE TO SUCH LIABILITY OR ONE HUNDRED DOLLARS ($100). ANY CLAIM OR CAUSE OF ACTION ARISING FROM, OR RELATING TO, YOUR ACCESS AND USE OF THE SITE MUST BE BROUGHT WITHIN ONE (1) YEAR FROM THE DATE ON WHICH SUCH CLAIM OR ACTION AROSE OR ACCRUED.  APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOUR USE OF THE SITE SHALL BE AT YOUR OWN RISK.

THE SITE AS INTERMEDIARY
WE ARE ACTING AS AN INTERMEDIARY OR AS AN AGENT FOR PROVIDERS OF TRAVEL-RELATED PRODUCTS AND/OR SERVICES BY PROMOTING SUCH PRODUCTS AND/OR SERVICES (SUCH AS ANY AIR AND GROUND TRANSPORTATION, HOTEL ACCOMMODATIONS, CRUISES, TOURS, ETC.). WE SHALL NOT BE RESPONSIBLE FOR BREACH OF CONTRACT OR ANY ACTIONS OR OMISSIONS ON THE PART OF SUCH PROVIDERS, WHICH RESULT IN ANY LOSS, DAMAGE, DELAY, OR INJURY TO YOU. WE DO NOT GUARANTEE ANY OF SUCH PROVIDER?S RATES, BOOKINGS, RESERVATIONS OR OTHER PURCHASE TERMS. WE SHALL NOT BE RESPONSIBLE FOR ANY DISRUPTION OF TRAVEL-RELATED PRODUCTS AND/OR SERVICES, WHETHER RESULTING FROM BANKRUPTCY OF ANY TRAVEL PROVIDER(S), OR DUE TO MONETARY CRISIS, POLITICAL OR SOCIAL UNREST, LABOR PROBLEMS, MECHANICAL OR CONSTRUCTION DIFFICULTIES, CLIMATIC ABERRATIONS, LOCAL LAWS, DISEASES, NOVEL CONDITIONS, INCLUDING TERRORIST ACTIVITIES, AND/OR EVENTS OF "FORCE MAJEURE" (I.E., THOSE BEYOND OUR REASONABLE CONTROL).

 

INTERNATIONAL USE
THOR makes no representation that materials or services available on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

TERMINATION
THOR reserves the right, in its sole discretion, and without liability, to terminate your access to all or part of this Site, with or without notice, in addition to all other rights and remedies THOR may have, and may deny you access to any THOR publication or related information in any computer reservation system (e.g., global distribution system).

INDEMNIFICATION
You shall defend and indemnify us, our Providers and Distributors, 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 or on your behalf in excess of the liability described herein or by third parties as a result of your use of the Site.

 

ENTIRE AGREEMENT; GOVERNING LAW; VENUE; SEVERABILITY
This agreement, including any other terms and conditions referenced herein, constitutes the entire agreement with respect to this Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to this Site. 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. These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, 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 these Terms shall be filed only in the state or federal courts located in Newark, New Jersey, and you hereby agree to consent and submit to the exclusive personal jurisdiction of such courts for the purposes of litigating any such action.  If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.