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PLEASE
READ THE FOLLOWING TERMS & CONDITIONS OF USE CAREFULLY. BY USING
THIS WEB SITE, YOU AGREE TO THESE TERMS AND CONDITIONS.
Welcome
to How2Vacation.com®. All terms & conditions of use may be changed
in the future without further notice. Your continued use of this Site
after any such changes occurs, constitutes your acceptance of any new
terms. Further, these terms and conditions apply exclusively to your
access to, and use of, this Site and do not alter in any way the terms
or conditions of any other agreement you may have with How2 for products,
services or otherwise.
Copyright
All
materials including, without limitation, the How2 logo, design, text,
graphics, other files, and the selection and arrangement thereof are
Copyrights of How2Vacation © 2002 All
Rights Reserved. Except as otherwise stated herein, none of the
material may be copied, reproduced, distributed, republished, downloaded,
displayed, posted or transmitted in any form or by any means, including,
but not limited to, electronic, mechanical, photocopying, recording
or otherwise, without the prior written permission of How2 or the respective
copyright owner(s). Permission is granted to display, copy, distribute
and download the materials on this Site for personal, noncommercial
and informational use only; provided that you may not, without the permission
of How2 or the respective copyright owner(s), (a) copy, publish or post
any materials on any computer network or broadcast or publications media,
(b) modify the materials or (c) remove or alter any copyright or other
proprietary notices contained in the materials.
Trademarks
All
logos, products and services described in this Site, including but not
limited to How2 without limitation are trademarks or registered trademarks
of How2 and/or its suppliers and licensors, and may not be copied, imitated
or used, in whole or in part, without the prior written permission of
How2 and/or its suppliers and licensors. In addition, all page headers,
custom graphics, button icons and scripts are service marks, trademarks
and/or trade dressed of How2, and may not be copied, imitated or used,
in whole or in part, without the prior written permission of How2 and/or
its suppliers and licensors.
Intellectual
Property Infringement Policy
It
is How2's policy to respect the copyright and intellectual property
rights of others. If you believe that How2 or any user of our Site has
infringed your copyright in any material way, please notify How2, and
provide the following information:
-
A physical or electronic
signature of the person authorized to act on behalf of the owner of
the copyright interest.
-
An identification
of the copyrighted work claimed to have been infringed.
-
An identification
of the material that you claim is infringing so that we may locate
it on the Site.
-
Your address, telephone
number and email address.
-
A statement that
you have a good-faith belief that the disputed use is not authorized
by the copyright owner, its agent or the law.
-
A statement by you
that the above information in your Notice is accurate, made under
penalty of perjury, and that you are authorized to act on behalf of
the owner of the copyright interest involved.
You
can forward the following to How2 at:
How2Vacation.com
Toll
Free: 800-940-HOW2
Fax:
954-567-9511
3317
N.W. 10th Terrace
Suite
405 & 406
Fort
Lauderdale,
Florida
33309
Licenses
and Site Access
How2
grants you a limited license to make personal use of this Site only.
Such grant does not include, without limitation: (a) any resale or commercial
use of the Site or content therein; (b) the collection and use of any
product listings or descriptions; (c) making derivative uses of the
Site and its contents; or (d) use of any data mining, robots or similar
data gathering and extraction methods, except as noted above, you are
not conveyed any right or license by implication, estoppels or otherwise
in or under any patent, trademark, copyright or proprietary right of
How2 or any third party.
You
may not use, frame or utilize framing techniques to enclose any How2
trademark, logo or other proprietary information (including the images
found at this Site, the content of any text or the layout/design of
any page or form contained on a page) without How2's expressed written
consent. Further, you may not use any Meta
tags or any other "hidden text" utilizing a How2 name, trademark or
product name without How2's express written consent.
Linking
You
are granted a limited; nonexclusive right to create a hyperlink to this
Site provided such link does not portray How2 or any of its products
and services in a false, misleading, derogatory or otherwise defamatory
manner. You may not use a How2 logo or other proprietary graphics or
trademarks of How2 to link to this Site without the express written
permission of How2. This limited right may be revoked at any time.
How2
makes no claim or representation regarding, and accepts no responsibility
for, the quality, content, nature or reliability of the Site accessible
by any link, including but not limited to hyper links, button links
and pictures links, from this Site, or another web-site linking to this
Site. Links to web-sites are not under the control of How2 and How2
is not responsible for the content of any linked web-site or any link
contained in a linked web-site, or any review, changes or updates to
such web-sites. How2 is providing these links to you only as a convenience,
and the inclusion of any link does not imply affiliation, endorsement
or adoption by How2 of the web-site or any information contained therein.
When leaving the How2 Site, you should be aware that How2's terms and
policies no longer govern, and therefore you should review the applicable
terms and condition policies, including privacy and data-gathering practices
of that web-site.
User
Conduct
In
using this Site, you agree:
Not
to disrupt or interfere with the security of, or otherwise abuse the
Site or any services, system resources, accounts, servers or networks
connected to or accessible through the Site or affiliated or linked
web-sites; not to disrupt or interfere with any other user's enjoyment
of the Site or affiliated or linked web-sites; not to upload, post or
otherwise transmit through or on this Site any viruses or other harmful,
disruptive or destructive files; not to use or attempt to use another's
account, service or system without authorization from How2, or create
or use a false identity on this Site; not to transmit through or on
this Site spam, chain letters, junk mail or any other type of unsolicited
mass email to people or entities who have not agreed to be part of such
mailings; and not to attempt to obtain unauthorized access to the Site
or portions of the Site that are restricted from general access.
In
addition, you agree that you are solely responsible for actions and
communications undertaken or transmitted under your account, and that
you will comply with all applicable local, state, national and international
laws and regulations, including but not limited to United States export
restrictions, that relate to your use of or activities on this Site.
Indemnification
You
agree to indemnify and hold harmless How2 from any claim, action, demand,
loss or damages (including attorneys' fees) made or incurred by any
third party arising out of or relating to your conduct, your violation
of these terms and conditions, or your violation of any rights of a
third party.
Submissions
You
agree that any materials, including but not limited to questions, comments,
suggestions, ideas, plans, notes, drawings, original or creative materials
or other information, provided by you in the form of email or submissions
to How2, or postings on this Site, are non-confidential and shall become
the sole property of How2. How2 shall own exclusive rights, including
all intellectual property rights, and shall be entitled to the unrestricted
use of these materials for any purpose, commercial or otherwise, without
acknowledgment or compensation to you. The submission of any materials
to How2, including the posting of materials to any forum or interactive
area, irrevocably waives any and all "moral rights" in such materials,
including the rights of paternity and integrity.
Disclaimer
of Warranties
By
accessing this Site and any pages linked hereto, you understand and
agree that this Site and the information, products, services and materials
available through it are provided on an ?AS-IS? and ?AS-AVAILABLE? basis.
You expressly agree that use of this Site is at your sole risk.
Pursuant
to the fullest permissible extent to applicable law, How2 and its affiliates
disclaim all warranties of any kind, either expressed or implied, including
but not limited to any warranties of title, or implied warranties of
merchantability or fitness for a particular purpose. No oral or written
information provided by How2 or its affiliates, officers, directors,
employees, agents, providers, merchants, sponsors, licensors or the
like, shall create a warranty; nor shall you rely on any such information
or advice.
You
expressly agree that use of this Site, including all Content, Data and
Software distributed By, Downloaded or Accessed from or through this
Site is at your sole risk and thereby acknowledge that you will be solely
responsible for any damages which may occur to any computer which was
used to access this Site or connected through a network of computers
which accessed this Site.
You
hereby acknowledge that How2 does not control in any respect, any services,
products or information offered by third parties on or through this
Site, except as otherwise denoted. How2 and its Affiliates assume no
responsibility for and make no warranty, or representation as to the
accuracy, currency, completeness, reliability or usefulness of the Products,
Services or Content provided by, distributed by or made available by
Third Parties through this Site.
How2
does not make any warranty that this Site or its content will meet your
requirement or that this Site and all its content within will be secure
or error free or that defects, if any, will be corrected. How2 does
not represent or warrant that materials in this Site or information
provided by How2 via email or other means are accurate, complete, current
and reliable or error free, nor does How2 make warranty as to the results
that may be obtained from the use of How2 or its content or as to the
accuracy, completeness, or reliability of any information obtained through
use of this Site.
How2
assumes no responsibility for any damages suffered by a User, including
but not limited to, the loss of data, delays, non-deliveries or miss-deliveries
of content or email, errors, system down time, network or system outages,
file corruption or service interruptions caused by the negligence of
How2, its affiliates, its licensors or a user?s own errors and/or omissions.
How2
disclaims any warranty or representation that confidentiality or information
transmitted through this web-sites will be maintained. Some states do
not permit the limitation or exclusion of certain warranties or conditions,
so some of the above exclusions may not apply to you.
Limitation
on Liability
Under
no circumstances, including without limitation of negligence shall How2
or its parents, subsidiaries, affiliates, officers, directors, employees,
agents, suppliers or any other party involved in creating, producing,
transmitting or distributing How2 or related services be liable for
any indirect, incidental, special or consequential damages arising from
or in connection with the use or inability to use How2 or any content
provided by or through this Site or resulting from unauthorized access
to or alteration of your transmissions or data or other information
that is sent or received, including but not limited to damages for lost
profits, use, data or other intangibles, even if How2 has been advised
of the possibility of such damages.
Some
jurisdictions do not allow the limitation or exclusion of Liability
for incidental or consequential damages, so some of the above may not
apply to you. In such jurisdictions, Liability is limited to the fullest
extent Permitted by Law.
Applicable
Law
These
terms and conditions shall be governed by and construed in accordance
with the laws of the State of Florida
and the State of Nevada
, without
resort to its conflict of law provisions. You agree that any action
at law or in equity arising out of or relating to these terms and conditions
shall be filed only in the respective Superior Court of County(s) for
Miami-Dade County, Florida, or Clark County, Nevada or the United States
District Court for the District of Florida or Nevada, and you hereby
irrevocably and unconditionally consent and submit to the exclusive
jurisdiction of such courts over any suit, action or proceeding arising
out of these terms and conditions.
Termination
Notwithstanding,
any of the terms and conditions here within, How2 reserves the right
to terminate your license to use this Site without notice and in its
sole discretion may block or prevent your future access to and use of
this Site.
Severability
If
any provision of these terms and conditions shall be deemed unlawful,
voided or for any reason unenforceable, then the provision shall be
deemed severable from these terms and conditions and shall not affect
the validity and enforceability of any remaining provisions.
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