SpringBreakDirect.com SERVICES AGREEMENT
Subject to the terms of this SpringBreakDirect.com
Services Agreement, (the "Services Agreement"
or "Agreement"), SpringBreakDirect.com,
Inc. ("SBDI") and its Licensors make available
online information and services to registered SpringBreakDirect.com
Members or other authorized users. By clicking the
"I Agree" button when registering or by
using the web sites owned and/or controlled by SBDI
(the "Site(s)"), you are indicating that
you are 13 years old or older, and if you are under
18, you have received consent from your parent or
guardian, to be bound by all of the terms in this
Agreement. The term "using" means the use
and availability of, access to, transmission to or
from or any exchange of information or communication
in connection with or arising from the Site(s). You
may print and keep a copy of this Agreement. SBDI
may change the terms in this Agreement at any time.
Any changes will appear in this document, which you
can access at any time by returning to this page.
It is your responsibility as a user to refer to the
terms on accessing the Site(s). Changes will be effective
the day after first posting to the Site(s) and you
will be deemed to have accepted any change if you
continue to access the Site(s) after that time. |
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| 1. Privacy of Information |
| Please refer to our Privacy
Policy |
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| 2.Registration Information |
| You will provide SBDI with accurate and complete
registration information (including but not limited
to information school affiliation and student status)
and advise SBDI promptly of any changes. If you
do not, you will be in breach of this Agreement,
allowing SBDI to immediately terminate your use
of the Site(s) or any products/services provided
through the Site(s). When you register or subscribe
to certain SBDI services provided through the Site(s),
you will receive a user name and password which
we may assign or allow you to select. You may not
select a user name that violates anyone's rights
or one that, in sole discretion, SBDI considers
offensive, improper or inappropriate. If you do,
SBDI may modify or delete it. |
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| 3. Fees and Payments |
| You agree to pay or have paid all fees and charges
incurred in connection with your user name and/or
password for SBDI Site(s) (including any applicable
taxes) at the rates in effect when the charges were
incurred. If you pay by credit card or other payment
instrument and SBDI does not obtain full payment,
you agree to pay all amounts due upon our demand.
You are responsible for any fees or charges incurred
to access the Site(s) through an Internet access
provider or other third-party service. You, and
not SBDI, are responsible for paying any amounts
billed to your credit card by a third party, which
were not authorized by you. |
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| 4. Individual Registration and Access |
| Each registration is for a single user only. SBDI
does not permit any of the following: 1. Any other
person sharing your user name and password. 2. Any
part of the Site(s) being cached in proxy servers
and accessed by individuals who have not registered
with SBDI as users of the Site(s). 3. Access through
a single user name and password being made available
to multiple users on SpringBreakDirect.com without
express prior written consent. If SBDI reasonably
believes that a user name and password are being
used in any of these ways, SBDI reserves the right
to cancel access rights immediately without notice
and block access to all users from that IP address.
If you believe someone has accessed the Site(s)
using your user name and password without your authorization,
you must call SBDI customer service at 1-800-367-1252.
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| 5. Material Submitted by Users |
| Certain elements of the Site(s) may contain material
submitted by users. SBDI accepts no responsibility
for the content or accuracy of such material. You
are responsible for all statements made and acts
or omissions that occur while your password is being
used. You may not use the Site(s) for any unlawful
purpose. You acknowledge that any submissions by
you shall be considered non-confidential and non-proprietary
(except as otherwise required by law) and may be
edited, removed, modified, published (including
offline/online advertisements, publications or promotional
material), transmitted, and displayed by SBDI. You
represent and warrant that no materials of any kind
submitted by you will (a) violate, plagiarize, or
infringe upon the rights of any third party, including
copyright, trademark, rights of privacy or publicity,
or other personal or proprietary rights or (b) contain
libelous or otherwise unlawful material. You agree
to indemnify, defend and hold harmless SBDI and
its agents and affiliates from and against any and
all liability and costs arising from or relating
to your breach of any part of this Agreement. |
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| 6. Advertising Material |
| Part of the Site(s) will contain advertising and
other material submitted to SBDI by third parties.
Advertisers are responsible for ensuring that material
submitted for inclusion on the Site(s) complies
with international and national law. SBDI will not
be responsible for any error, omission or inaccuracy
in advertising material, and reserves the right
to omit, suspend or change the position of any advertising
material submitted for insertion. Acceptance of
advertisement on the Site(s) will be subject to
terms and conditions, which are available on request.
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| 7. Intellectual Property |
| The content available through the Site(s) is the
sole property of SBDI or its licensors and is protected
by copyright, trademark and other intellectual property
laws. SBDI-owned content received through the Site(s)
may be downloaded, displayed, reformatted and printed
for your personal, non-commercial use only. CONTENT
OWNED BY SBDI LICENSORS MAY BE SUBJECT TO ADDITIONAL
RESTRICTIONS. You agree not to reproduce, retransmit,
distribute, disseminate, sell, publish, broadcast
or circulate the content received through the Site(s)
to anyone, including but not limited to others in
the same company or organization, without express
prior written consent. |
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| 8. Disclaimer; Limitation of Liability |
| The contents of the Site(s) are for general information
or use only. They do not constitute advice and should
not be relied upon in making (or refraining from
making) any decision. Due to the number of sources
from which content in the Site(s) is obtained and
the inherent hazards of electronic distribution,
there may be delays, omissions or inaccuracies in
such content and the Site(s). SBDI AND ITS SUPPLIERS,
AFFILIATES, AGENTS, ADVERTISERS, SPONSORS AND LICENSORS
(THE "SBDI PARTIES") CANNOT AND DO NOT
WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS,
NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH
THE SITE(S) OR THE SITE(S) ITSELF. THE SITE(S) ARE
PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND
EITHER EXPRESS OR IMPLIED. THE SBDI PARTIES SHALL
NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS
OR INJURY CAUSED IN WHOLE OR PART BY THEIR NEGLIGENCE
OR CONTINGENCIES BEYOND THEIR CONTROL IN PROCURING,
COMPILING, INTERPRETING, REPORTING OR DELIVERING
THE SITE(S) AND ANY CONTENT THROUGH THE SITE(S).
IN NO EVENT WILL THE SBDI PARTIES BE LIABLE TO YOU
IN RELIANCE ON SUCH CONTENT OR THE SITE(S). THE
SBDI PARTIES SHALL NOT BE LIABLE TO YOU OR ANYONE
ELSE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL,
PUNITIVE DAMAGES OR ANY OTHER DAMAGES EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT
THE LIABILITY OF THE SBDI PARTIES, IF ANY, ARISING
OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT,
TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE
SITE(S) OR THE CONTENTS OF THE SITE(S) SHALL NOT
EXCEED THE AMOUNT YOU PAID TO SBDI FOR THE USE OF
THE SITE IN THE 12 MONTHS IMMEDIATELY PRECEDING
THE EVENT GIVING RISE TO SUCH CLAIM. THE SBDI PARTIES
MAKE NO WARRANTY THAT THE SITE(S) OR CONTENTS OF
THE SITE(S) ARE FREE FROM INFECTION BY VIRUSES OR
ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE
PROPERTIES. Certain links on the Site(s) lead to
resources located on servers maintained by third
parties over whom SBDI has no control. SBDI accepts
no responsibility or liability for any of the material
contained on those servers. |
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| 9. Miscellaneous |
| All persons traveling on a Public Charter Flight
must read and acknowledge acceptance of the Tour
Participant Agreement (Terms & Condition). This
requirement fulfills the requirement of Section
380 of the United States' Department of Transportation
Special Regulations concerning the advertisement,
sale, and operation of Public Charter tours. |
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| 10. Miscellaneous |
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| SBDI may discontinue or change the Site(s), or
the availability to you at any time and you may
terminate your use at any time. This Agreement is
personal to you and you may not assign your rights
or obligations to anyone. If any provision in this
Agreement is invalid or unenforceable under applicable
law, the remaining provisions will continue in full
force and effect. This Agreement, your rights and
obligations and all actions contemplated by this
Agreement shall be governed by the laws of the United
States of America and the Commonwealth of Maryland,
as if the Agreement was a contract wholly entered
into and wholly performed within Maryland. This
Agreement will not be governed by the United Nations
Convention on Contracts for the International Sale
of Goods. Any action to enforce this agreement or
any matter relating to your use of the Site(s) shall
be brought exclusively in the federal or state courts
located in Baltimore, Maryland and you irrevocably
agree to submit to the jurisdiction of such courts.
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