- ACCEPTANCE OF THIS AGREEMENT
Your access to and use of this website (“the Website”) is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
- INFORMATION ON THE WEBSITE
The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
- CHANGES TO WEBSITE, SOFTWARE AND SERVICES
Travel Entertainment and Marketing LLC (“T.E.A.M.”) reserves the right to;
4.1) change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that T.E.A.M. shall not be liable to you for any such change or removal.
4.2) change, remove, or discontinue any software, service, or promotion (including but not limited to any previsions, parts thereof, licensing, pricing) as advertised on this website at any time without notice and you confirm that T.E.A.M. shall not be liable for any such change or removal.
4.3) change or discontinue any promotional discount vouchers or coupon codes at any time with notice and you confirm that the T.E.A.M. shall not be liable for any such change or removal.
4.4) change this Agreement at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
- EXTERNAL LINKS
The Website may include links to third party website’s that are controlled and maintained by others. Any link to other website’s is not an endorsement of such website’s and you acknowledge and agree that we are not responsible for the content or availability of any such sites. External links may be provided for your convenience, but they are beyond the control of the T.E.A.M. and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of T.E.A.M. Please contact us if you would like to link to this website or would like to request a link to your website.
The following is applicable to those users who have chosen to use T.E.A.M. software products:
6.1) All charges payable by you for the Services shall be in accordance with the scale of charges and rates published by us and shall be due and payable as indicated. We reserve the right to change pricing at any time.
6.2) Payment is due each anniversary month, quarter or year following the date the Services were established until closure notice is given. If you choose to pay by credit or with debit card you authorize T.E.A.M. to debit your account renewal fees from your card.
6.3) All payments must be in US Dollars.
6.4) Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.
The Intellectual Property Rights in this website and the materials on or accessible via it belong to T.E.A.M. or its licensors. This website and the materials on or accessible via it and the Intellectual Property Rights therein may not be copied, distributed, published, licensed, used or reproduced in any way (save to the extent strictly necessary for, and for the purposes of, accessing and using this website).
For these purposes “Intellectual Property Rights” includes the following (wherever and when ever arising and for the full term of each of them): any patent, trade mark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, know how, trade secret and other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered or registrable) and registrations of and applications to register any of them.
- TRADE MARKS
The trade marks, names, logos and service marks (collectively “trade marks”) displayed on this website are registered and unregistered trade marks of the Website. Nothing contained on this website should be construed as granting any license or right to use any trade mark without the prior written permission of T.E.A.M.
- LIMITATION OF LIABILITY
The Website is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
To the extent permitted by law, T.E.A.M. will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
T.E.A.M. makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of T.E.A.M. for death or personal injury as a result of the negligence of T.E.A.M. or that of its leadership and members.
You agree to indemnify and hold T.E.A.M. and its leadership, members, employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against T.E.A.M. arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
In the event that any provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or us from any relevant competent authority, we shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at our discretion, such provision may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.
T.E.A.M. makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company’s personal information or material and information transmitted over our system.
- PUBLIC FORUMS AND MEMBER SUBMISSIONS
T.E.A.M. is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website. Any material (whether submitted by you or any other member) is not endorsed, reviewed or approved by T.E.A.M. T.E.A.M. reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to –
13.1 defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;
13.2 publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
13.3 post or upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of the Website Owner’s and/or a third party’s computer system and/or network;
13.4 violate any copyright, trade mark, other applicable Great Britain or international laws or intellectual property rights of the Website Owner or any other third party;
13.5 submit contents containing marketing or promotional material which is intended to solicit business.
- SPECIFIC USE
You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify T.E.A.M. against any loss, liability, damage or expense of whatever nature which T.E.A.M. or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.
15.1) If you fail to pay any sums due to us as they fall due, T.E.A.M. may suspend the Services and/or terminate this Agreement forthwith without notice to you.
15.2) If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
15.3) If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you.
15.4) No refunds will be made for Services suspended in accordance with 6.1, 6.2 and 6.3.
15.5) We reserve the right to suspend the Services and/or terminate this Agreement at any time.
15.6) Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card.
- APPLICABLE LAW AND DISPUTE
This Agreement and all matters arising from it are governed by and construed in accordance with the laws of Puerto Rico whose courts shall have exclusive jurisdiction over all disputes arising in connection with this Agreement and the place of performance of this Agreement is agreed by you to be Puerto Rico.
Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
- ENTIRE AGREEMENT
These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
You are responsible for managing the types of SMS texts you receive. To stop receiving text messages at any time text STOP. You consent that following such a request to unsubscribe, you will receive one (1) final message from the Company confirming that you have been inactivated in our system. Following such confirmation message, no additional text messages will be sent unless you reactivate your subscription. To re-activate your subscription text START. By re-activating your subscription, you are reaffirming your agreement to the SMS Texting terms and conditions, subject to change from time to time as posted on our website. The Company may use an automatic dialing system to deliver text messages to you. The Federal Communications Commission defines an “automatic telephone dialing system” or auto dialer as equipment that has the capacity to store or produce telephone numbers to be called and to call such numbers. By your subscription to the text message program, you give your consent to the Company to use an automatic dialing system to deliver text messages to the telephone or cell phone number to which you have directed the Company to transmit these text messages.