Agreement Between Customer and
Avion Travel
The Avion Travel Web site (the "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.
Personal and Noncommercial Use Limitation
This Web Site is for your personal and noncommercial use. You
may not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from,
transfer, or sell any information, software, products, or services
obtained from this Web Site.
Copyright and Trademark Notices
Copyright and Trademark Notices All contents of this Web Site
are (c)2001 Avion Travel. Avion Travel, the Avion Travel logo,
and Avion Travel are trademarks and service marks of Avion
Travel All rights reserved. Other product and company names
mentioned herein may be the trademarks of their respective
owners.
Liability Disclaimer
The information, software, products, and services published on
this web site may include inaccuracies or typographical errors.
changes are periodically added to the information herein. Avion
Travel inc., its affiliates, and/or their respective suppliers
may make improvements and/or changes on this web site at any
time.
Avion Travel, its affiliates, and/or their respective suppliers
make no representations about the suitability of the information,
software, products, and services contained on this web site for
any purpose. To the maximum extent permitted by applicable law,
all such information, software, products, and services are provided "as
is" without warranty or condition of any kind, whether express,
implied, statutory or collateral, Avion Travel, its affiliates,
and/or their respective suppliers hereby disclaim all warranties
or conditions with regard to this information, software, products,
and services, including all implied warranties and conditions
of merchantability, fitness for a particular purpose, title,
and noninfringement. To the maximum extent permitted by applicable
law, in no event shall Avion Travel, its affiliates, and/or their
respective 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,
software, 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 Avion Travel, its affiliates, and/or their respective suppliers
have 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.
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 Avion Travel. Such hyperlinks are provided
for your reference only. Avion Travel does not control such web
sites and is not responsible for their contents. Avion Travel's
inclusion of hyperlinks to such web sites does not imply any
endorsement of the material on such web sites or any association
with their operators.
Software Availaible on this Site
Any software that is made available to download from this Web
Site ("Software") is the copyrighted work of Avion Travel,
its affiliates, and/or their suppliers. Please note that all
Software, including, without limitation, all HTML code contained
on this Web Site, is owned by Avion Travel, its affiliates,
and/or their suppliers, and is protected by copyright laws
and international treaty provisions. You may only make copies
of the Software for backup or archival purposes. Any other
reproduction or redistribution of the Software is expressly
prohibited by law. You may not reverse engineer, decompile,
or disassemble the Software except and only to the extent that
such activity is expressly permitted by law not withstanding
this limitation.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE
SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION
OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTEED,
IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
You acknowledge that the Software and any accompanying documentation
and/or technical information are subject to applicable export
control laws and regulations of Canada. You agree not to export
or reexport the Software, directly or indirectly, to any countries
that are subject to Canadian export restrictions.
Modification of These Terms and Conditions
Avion Travel reserves the right to change the terms, conditions,
and notices under which this Web Site is offered. This right
shall not affect the existing terms and conditions accepted
by you upon making a legitimate reservation or purchase using
this Web Site.
General
To the maximum extent permitted by law, this agreement is governed
by the laws of the Province of Ontario, Canada. You hereby
consent to the exclusive jurisdiction and venue of courts in
Ontario Canada, in all disputes arising out of or relating
to the use of this Web Site. Use of this Web Site is unauthorized
in any jurisdiction that does not give effect to all provisions
of these terms and conditions, including, without limitation,
this paragraph.
You agree that no joint venture, partnership, employment, or
agency relationship exists between you and Avion Travel as a
result of this agreement or use of this Web Site.
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 Avion Travel 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
Avion Travel 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.
Any rights not expressly granted herein are reserved. |
