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Terms of Use

AGREEMENT BETWEEN CUSTOMER AND SLEEPINGAWAY.COM.

This Web site is offered to you, the customer, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Web site constitutes your agreement to all such terms, conditions, and notices, and you represent and warrant that you will fully comply with the terms of this Agreement.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

This Web site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any data, information, products or services obtained from this Web site.

COPYRIGHT AND TRADEMARK NOTICES

All contents of this Web site are Copyright 2000, sleepingAway.com. All rights reserved. However not withstanding anything to the contrary in this paragraph, all content attributed to any third party is the copyrighted material of that third party. sleepingAway.com, Safarines.

LIABILITY DISCLAIMER

THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SLEEPINGAWAY.COM AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME.

SLEEPINGAWAY.COM, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND. SLEEPINGAWAY.COM, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IN NO EVENT SHALL SLEEPINGAWAY.COM, ITS AFFILIATES, AND/OR THEIR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONtrACT, TORT, StrICT LIABILITY OR OTHERWISE, EVEN IF SLEEPINGAWAY.COM, ITS AFFILIATES OR ANY OF THEIR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

WITHOUT LIMITATION, SLEEPINGAWAY.COM DOES NOT WARRANT THAT ITS SECURITY SYSTEM IS PROTECTED AGAINST EVERY UNAUTHORIZED ACCESS OR USE, AND YOU AGREE TO TAKE ALL NECESSARY PRECAUTIONS TO PROTECT YOUR COMPUTER AND INSURE YOURSELF FROM LOSSES AND DAMAGES ASSOCIATED WITH SUCH RISKS. YOU FURTHER UNDERSTAND AND AGREE THAT UPLOADING PRIVATE INFORMATION ONTO THE INTERNET IS AN INHERENTLY DANGEROUS ACTIVITY AND THAT THE PERSON UPLOADING SUCH INFORMATION THEREFORE ASSUMES THE RISK FOR THEFT OR OTHER MISUSE OF SUCH INFORMATION BY UNAUTHORIZED THIRD PERSON OR "HACKERS". YOU EXPRESSLY AGREE THAT SLEEPINGAWAY.COM SHALL NOT BE LIABLE FOR ANY DAMAGES THAT ARISE OUT OF SUCH UNAUTHORIZED USE OR ACCESS. MOREOVER, SLEEPINGAWAY.COM DOES NOT WARRANT THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this Web site, you warrant that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

LINKS TO THIRD-PARTY SITES

This Web site may contain hyperlinks to Web sites operated by parties other than sleepingAway.com. Such hyperlinks are provided for your reference only. sleepingAway.com does not control such Web sites and is not responsible for their contents. sleepingAway.com inclusion of hyperlinks to such Web sites does not imply any endorsement of the quality or accuracy of the material on such Web sites or any association with their operators. sleepingAway.com is not responsible for the actions of third parties who do not comply with the terms of this Agreement or the terms of sleepingAway.com Privacy and Data Protection Statement, which is described further at the bottom of this page.

USE OF BULLETIN BOARD, CHAT ROOMS, AND OTHER COMMUNICATIONS FORUMS

If this Web site contains bulletin boards, chat rooms, or other message or communication facilities (collectively "Forums"), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:

Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, distribute, or disseminate any defamatory, infringing, obscene, indecent, or unlawful material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Delete any author attributions, legal notices, or proprietary designations or labels in any file that is either uploaded or downloaded.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Falsify the origin or source of software or other material contained in a file that is uploaded.
Advertise or offer to sell any goods or services or conduct or forward surveys, contests, or chain letters.
Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
You acknowledge that all Forums are public and not private communications. Further, you acknowledge that chats, postings, conferences, and other communications by other users are not endorsed by sleepingAway.com or its affiliates, and such communications shall not be considered reviewed, screened, or approved by sleepingAway.com or its affiliates. If you send certain specific submissions (e.g., e-mail, postings to chat rooms, boards, or contests) or, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of sleepingAway.com. None of the Submissions shall be subject to any obligation of confidence on the part of sleepingAway.com, and sleepingAway.com shall not be liable for any use or disclosure of any Submissions.

sleepingAway.com reserves the right for any reason to remove without notice any contents of the Forums received from users, including without limitation bulletin board postings.

MODIFICATION OF THESE TERMS AND CONDITIONS

sleepingAway.com reserves the right, at its discretion, to change, modify, add or remove portions of the terms, conditions, and notices under which this Web site is offered from time to time without any notice to you; you agree to check these terms, conditions and notices periodically for changes.

TERMINATION

This agreement will terminate immediately without notice from sleepingAway.com, if in sleepingAway.com sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other sleepingAway.com site(s), and all copies thereof, whether made under the terms of this agreement or otherwise.

sleepingAway.com reserves the right to deny in its sole discretion any user access to this Web site or any portion thereof without notice.

USE OF SLEEPINGAWAY.COM RESERVATION REQUEST FEATURE; SEPARATE TERMS FOR RESERVATION AND PURCHASE

The Reservation Request feature of this Web site is provided solely to assist customers in determining the availability of travel-related goods and services and to make legitimate reservations or otherwise transact business with suppliers, and for no other purposes. You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use this Web site in accordance with all terms and conditions herein. You agree to be financially responsible for all of your use of this Web site (as well as for use of your account by others, including without limitation minors living with you). You agree to supervise all usage by minors of this Web site under your name or account. You also warrant that all information supplied by you or members of your household in using this Web site is true and accurate. Without limitation, any speculative, false or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the travel services reservations facilities of this Web site shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You understand that overuse or abuse of the travel reservation facilities of the Web site may result in you being denied access to such facilities.

Separate terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. You agree to abide by the terms or conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of fares, products, or services. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Web site.

Neither sleepingAway.com, nor its parent company, subsidiaries, or affiliates, nor their employees, shareholders, officers, directors, successors, agents or assigns (collectively the "Safari Network"), except where specifically indicated, do not own or operate any entity which is to, or does provide goods or services for your trip, including, for example, lodging facilities, transportation companies, food service or sightseeing providers, tour operators, guides, etc. Consequently, the Safari Network is not liable for any negligent or wilful act or failure to act of any such person, any other independent contractor, or of any third party not under its control.

Without limitation to the preceding paragraph, you understand and agree that the Safari Network is not liable for any injury, death, loss, inconvenience or delay occasioned by, among other things, acts of civil unrest, labour disturbances and/or strikes, terrorism, criminal activity, breakdown of equipment, delays or cancellations of transportation, hotel or other overbooking, injuries sustained while on conveyances of any kind, food poisoning or other problems associated with food or beverage, lack of adequate medical attention or for any other cause or reason beyond the Safari Network's direct control.

DATA PROTECTION ACTS

sleepingAway.com complies with the UK Data Protection Act of 1998 and other relevant laws concerning the privacy of your personal data. Please click through to review sleepingAway.com Privacy and Data Protection Statement by clicking here. The Privacy and Data Protection Statement is incorporated into this agreement by this reference.

GENERAL

You agree that no joint venture, partnership, employment, or agency relationship exists between you and sleepingAway.com as a result of this agreement or use of this Web site.

sleepingAway.com performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of sleepingAway.com right to comply with law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by sleepingAway.com with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

This agreement constitutes the entire agreement between the customer and sleepingAway.com with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and sleepingAway.com, with respect to this Web 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.

Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event.

Any rights not expressly granted herein are reserved.