CST #2123800
The following are terms (“Terms”) of a legal agreement between you and Essential DownUnder Travel, Inc. (“EDUT”). By accessing, browsing and/or using this Web site (“Site”), you acknowledge that you read, understand, and agree to be bound by these Terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these Terms, do not use this Site.
THE INFORMATION PROVIDED ON THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EDUT SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY OR INJURY CAUSED TO YOU, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL AND/OR INCIDENTAL DAMAGES, RESULTING FROM YOUR ACCESS TO, OR INABILITY TO ACCESS, THIS SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED IN THE SITE, EVEN IF EDUT AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Restrictions On Use Of Site
Essential DownUnder Travel, Inc. and its affiliates (collectively “EDUT”) hereby authorize you to copy the materials published by EDUT on this Site (the “Materials”) exclusively for non-commercial use by you personally or within your organization. The design and layout of the Site are specifically excluded from the Materials. No other use of the Materials is authorized. In consideration of this authorization, you agree that any copy of the Materials (or any portion of the Materials) that you make shall retain all copyright and other proprietary notices contained herein or therein.
General Disclaimer
The Materials have been compiled by EDUT from internal and external sources. However, while EDUT has attempted to provide accurate information on the Site, no representation is made or warranty given as to the completeness or accuracy of the Materials. In particular, you should be aware that the Materials may be incomplete, may contain errors or may have become out of date. You should therefore verify information obtained from this Site before you take any action upon it. Essential DownUnder Travel™ acts as Agent for airlines, tour companies, cruise lines or other suppliers who are responsible for providing the travel services purchased by clients. Clients consent to the use of those suppliers and agree not to hold Essential DownUnder Travel, Inc. responsible should any of these suppliers fail to provide travel services purchased, fail to comply with any applicable law, or engage in any negligent act or omission that causes a client any sort of injury, damage, delay or other inconvenience.
Property Rights
The products, technology and/or processes described in this Site may be the subject of intellectual property rights reserved by EDUT or other third parties. Nothing contained herein shall be construed as conferring to you in any manner, whether by implication, estoppels or otherwise, any license, title, or ownership of or to any intellectual property right of EDUT or any third party.
Links To Third Party Web sites: Framing
This Site may provide links or references to other sites, including sites provided by the United States government; EDUT has no responsibility for the content of these other sites, does not make any representations or give any warranties with respect to any information contained in or at these other sites and shall not be liable for any damages or injury arising from the content of these other sites. EDUT does not endorse companies or products to which it has provided links. Any links to other sites are provided merely as a convenience to the users of this Site and, if you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk. EDUT reserves the right to terminate any link or linking program at any time. There may be circumstances where access to this Site is provided by a hypertext link located at another Web site. EDUT does not make any representations or give any warranties with respect to any information contained in or at these other sites and EDUT shall not be liable for any damages or injury arising from the content of these other sites. EDUT does not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to this Site at their Web sites. Unless approved in writing in advance by EDUT, you agree not to: (a) provide or create a link to this Site; and (b) create any frames at any other Web sites pertaining to any of the Materials located at this Site. Contact the EDUT Webmaster at info@essentialdownunder.com seek approval for linking to this Site.
Updates
The Materials published on this Site may include technical inaccuracies or typographical errors. Changes – including, but not limited to, quoted prices – may be made periodically to the Materials. EDUT may also make improvements and/or changes in the products and services and/or the programs described in the Materials at any time without notice. EDUT shall have the right to revise these Terms at any time by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site to determine the then-current Terms to which you are bound.
Disclosure: Forward-Looking Statements
Some of the Materials may contain projections or other forward-looking statements regarding future events or the future financial or technical performance of EDUT . We wish to caution you that these statements are only predictions and that actual events or results may differ materially.
User Communications
EDUT is under no obligation to refrain from reproducing, publishing, or otherwise using communications you send to or receive from this Site or otherwise send to or receive from EDUT by electronic mail or other electronic means, including any ideas, inventions, concepts, techniques, or know-how disclosed therein, for any purpose, including the developing, manufacturing and/or marketing of products or services incorporating such information. You hereby give EDUT your consent to use your personal data.
Products And Services Availability
EDUT may provide access to international information, which information may contain references or cross references to products, programs, and services that are not currently available in your country. EDUT provision of references to such products, programs, and services does not necessarily mean or otherwise imply that the products, programs and services announced or discussed are available in countries other than the United States. Also, EDUT is a service provider operating in some, but not all, markets within the United States. Therefore, it may provide access to information that may contain references or cross references to products, programs, and services that are not announced or available in all U.S. markets. EDUT provision of references to such products, programs, and services does not necessarily mean or otherwise imply that the products, programs, and services announced or discussed are available in all United States markets or all markets where EDUT conducts business.
Governing Law And Jurisdiction: Compliance With Laws
Access to this Site is governed by U.S. federal law and/or the laws of the State of North Carolina. Any legal action or proceeding relating to your access to, or use of, this Site shall be instituted only in a state or federal court located in Buncombe County, NC, U.S.A. You and EDUT agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. Specifically, European Union Nationals may have rights under the European Commissions’ Data Protection Directive and implementing privacy legislation in the member states. By using this Web site you may be consenting to processing of your personal data which does not conform to such privacy protection laws. All information available at this Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. All EDUT products and publications are commercial in nature. Any Materials copied or downloaded from this Site for or on behalf of the United States of America, its agencies and or instrumentalities (“U.S. Government”), is provided with restricted rights. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
Waiver
No delay or omission by EDUT to exercise any right occurring upon any noncompliance on your part with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. Any waiver by EDUT of any of the covenants, conditions or agreements to be performed by you shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or agreement herein contained.
Trademark Information
Essential DownUnder, Essential DownUnder Travel, and the Essential DownUnder Travel logo are common law trademarks of Essential DownUnder Travel, Inc. The Essential DownUnder trademark and other designated product and feature names are common law trademarks of Essential DownUnder Travel, Inc. and may be used publicly only with prior permission from Essential DownUnder Travel, Inc. Fair use of Essential trademarks in advertising and promotion of Essential products and services requires proper acknowledgment.
Copyright © 2017 Essential DownUnder Travel, Inc. All rights reserved.