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PLEASE
READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.
By using this
website, you agree to be bound by the Terms of Use. DiscoverAbroad
and its affiliates and subsidiaries ("We" or such conjugation
thereof as the context may require) reserve the right to review
and revise the Terms of Use from time to time without prior notice
and, by using this site subsequent to any revision of the Terms
of Use, you agree to be bound by such changes. If you find the
Terms of Use to be unacceptable, you must immediately terminate
your use of this Website.
| 1.
No Representations Or Warranties |
The services
provided on this website and the content, information, documents,
graphics and images published at this Website could include inaccuracies,
typographical errors or other errors. We make no commitment, however,
to update what is contained in this Website. Furthermore, we reserve
the right to temporarily, or permanently, modify, alter, discontinue
or delete the same without prior notice.
TO THE EXTENT
PERMITTED BY LAW, THE SERVICES AND INFORMATION ON THIS WEBSITE
ARE PROVIDED "AS IS," AND WITHOUT WARRANTY, AND ALL WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY DISCLAIMED, AND YOU HEREBY
WAIVE ALL SUCH WARRANTIES.
Users of this
website should not rely upon opinions expressed at this website
when making business, financial, personal or other decisions.
Furthermore, we do not endorse the opinions of third parties expressed
on this website or on linked websites.
| 2.
User Warnings/User Conduct |
We make certain
services available, including without limitation, chat rooms,
message boards and other community services; provided that you
agree to abide by the terms and conditions contained in these
Terms of Use. Without limiting the generality of the foregoing,
in consideration for our providing such services, you also agree
not to:
- Violate any
applicable law, regulation or rule;
- Harass, offend,
threaten, embarrass, distress or invade the privacy of any individual
or entity;
- Post or transmit
any commercial, advertising or promotional materials, including
without limitation, "spam" or mass distributions;
- Provide false
information on your registration form or impersonate another
person at any point;
- Post or transmit
false, inappropriate, improper, disorderly or excessive messages
or information.
- Post any
material that infringes upon any third party's copyright, trademark,
patent or other intellectual property right.
If you violate
such terms, we may, without prior notice and without liability
to you, ban you from any and all services, terminate your registration,
delete your messages or postings, and take any other action we
deem appropriate in our sole discretion.
With reference
to any services we provide, you acknowledge that we may, from
time to time, without notice to you and at our sole discretion,
establish various practices, limitations and restrictions for
administering such services, including without limitation: how
often a service or account may be accessed; the maximum number
of days that messages or postings will be retained; the maximum
number of messages or postings allowed; the size and nature of
messages and postings; the maximum storage space available for
an account; and all other matters related to administration of
services, and you agree to be bound by such practices.
You agree that
we are not responsible or liable for deactivation or deletion
of accounts or for loss of emails, communications, postings, data
or information because of, or arising out of, our administration
of such services.
We assume no
responsibility for the accuracy, integrity, quality completeness,
usefulness or value of any content, data, documents, graphics,
images, information, advice, or opinion contained in any emails,
message boards, chat rooms or community services, or in any other
public services, and do not endorse any advice or opinion contained
therein. We do not monitor or control such services, although
we reserve the right to do so. We may take any action we deem
appropriate, in our sole discretion, to maintain the high quality
of our service and to protect others and ourselves.
Your confidential
use of this site cannot be guaranteed by us. We shall not be responsible
for any harm that you or any person may suffer because of a breach
of confidentiality in respect to your use of this site.
You may have
an account and password. You are responsible for maintaining the
confidentiality of your password and account information and are
fully responsible for all conduct carried out under this password
and account. We are not liable for any loss of confidentiality
or for any damages arising from your failure to comply with these
terms. You will promptly report any unauthorized use of your password
to us.
IN NO
EVENT WILL WE, OUR OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS
BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
INCIDENTAL, SPECIAL OR OTHER INDIRECT (INCLUDING WITHOUT LIMITATION,
COST OF COVER) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT
OR ANY SERVICES, CONTENT OR OTHER MATERIALS PROVIDED OR AVAILABLE
HEREUNDER, OR USE OF ANY OTHER LINKS OR LINKED WEBSITE, EVEN IF
WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND
REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL BASIS. THE TERM "DAMAGES"
INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS,
BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR
INFORMATION HANDLING SYSTEM. YOU ACKNOWLEDGE THAT THE ECONOMIC
TERMS OF OUR AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK
AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR US
TO PROVIDE THE SERVICES, WEBSITE AND OTHER CONTENT AND MATERIALS.
All right, title
and interest (including all copyrights, trademarks and other intellectual
property rights) in this Website belong to us or our licensors.
In addition, the names, images and other indicia identifying our
products and services are our proprietary marks.
Nothing contained
in this Website shall be construed as conferring any license or
right, expressly, by implication, by estoppel or otherwise, under
any of our intellectual property rights, or under any third party's
intellectual property rights, and no part of this Website may
be reproduced, republished, copied, transmitted, or distributed
in any form or by any means.
| 8.
Governing Laws in Case of Dispute |
THESE TERMS
OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE
LAWS OF THE STATE OF DELAWARE, USA, AS THEY APPLY TO AGREEMENTS
MADE AND SOLELY PERFORMED THEREIN. YOU IRREVOCABLY CONSENT AND
WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE
STATE AND FEDERAL COURTS LOCATED IN DELAWARE, USA, AND YOU SHALL
NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING
COURTS.
We do not represent
that all content, materials and services on our Website are appropriate
or available for use in all geographic locations, especially some
locations outside the United States, and accessing such from certain
locations may be illegal and prohibited. Those who do access content,
materials and services from such locations act on their own initiative
and we are not responsible for their compliance with local laws
or other applicable laws. You will not access the foregoing where
prohibited by law.
| 10.
Integration; Severability; General |
These Terms
of Use incorporate by reference any notices contained on this
Website and constitute the entire agreement with respect to your
access to and use of this Website. We may modify these Terms of
Use at any time by posting revised Terms of Use on our Website
and your continuing use of such Website and the services constitutes
your agreement to be bound by such modified Terms of Use. Any
provision of these Terms of Use, which is determined by a court
of competent jurisdiction to be unenforceable in any jurisdiction,
shall be severable from these Terms of Use in that jurisdiction
without in any way invalidating the remaining provisions of these
Terms of Use. The unenforceability of any provision in a given
jurisdiction shall not make that provision unenforceable in any
other jurisdiction. Any litigation arising out of or in connection
with these Terms of Use or your use of our services must be commenced
within one (1) year after the cause of action arose, or it will
be permanently barred.
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