| Terms of Use
| Privacy Policy | Advertiser Agreement
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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