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Website Terms / Privacy Policy

Website Terms & Privacy Policy

 



   RULES, REGULATIONS AND DISCLAIMERS

Hal-Mark Associates, dba Tempo Travel (further known collectively as AGENCY) requires that all the visitors to our site on the World Wide Web (the "Site") adhere to the following rules and regulations. By accessing the Site you indicate your acknowledgement and acceptance of these terms and conditions.

   LAWS AND REGULATIONS

User access to and use of the Site is subject to all applicable international, federal, state and local laws and regulations.

   COPYRIGHT & TRADEMARKS

DIGITAL MILLENNIUM COPYRIGHT ACT

The entire contents of this site; including all written material, software programs, source codes, trademarks, logos, service marks, and images ("Content/Marks") displayed on the Site are either the property of AGENCY and/or our Travel Suppliers, Advertisers, Content Management Company, or our Webmaster and their respective owners and are protected by The Digital Millennium Copyright Act Of 1998. All Rights Reserved.

Users to this site are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content/Marks available on or through the Site for either private, commercial or public purposes, including, but not limited to hyper or deep linking to, or the use as metatags on other pages or sites on the World Wide Web without the express written permission of AGENCY or such third party owners which may own the Marks or information.



   LINKS

HYPER-LINKING

THIS SITE MAY PROVIDE A LINK TO OTHER SITES BY ALLOWING THE USER TO LEAVE THIS SITE TO ACCESS THIRD-PARTY MATERIAL OR BY BRINGING THE THIRD-PARTY MATERIAL INTO THIS SITE VIA "INVERSE" HYPER-LINKS AND FRAMING TECHNOLOGY (A "LINKED SITE"). AGENCY HAS NO DISCRETION TO ALTER, UPDATE, OR CONTROL THE CONTENT ON A LINKED SITE.

OTHER THAN DIRECT LINKS TO TRAVEL SUPPLIERS WHO HAVE PROVIDED THE AGENCY WITH A CO-BRANDED OR AFFILIATE ONLINE BOOKING ENGINE OF THEIR TRAVEL RELATED PRODUCTS, THE FACT THAT AGENCY HAS PROVIDED A LINK TO A SITE IS NOT NECESSARILY AN ENDORSEMENT, AUTHORIZATION, SPONSORSHIP, OR AFFILIATION WITH RESPECT TO SUCH SITE, ITS OWNERS, OR ITS PROVIDERS.

EVEN WITH A CO-BRANDED OR AFFILIATE ONLINE BOOKING ENGINE SITES, THERE ARE INHERENT RISKS IN RELYING UPON, USING, BOOKING WITH, OR RETRIEVING ANY INFORMATION FOUND ON THE INTERNET, AND SINCE AGENCY HAS NO CONTROL OVER THE CONTENT OR POLICIES OF THESE SITES IT URGES YOU TO MAKE SURE YOU UNDERSTAND THESE RISKS BEFORE RELYING UPON, USING, BOOKING WITH, OR RETRIEVING ANY SUCH INFORMATION ON A LINKED SITE.

USER SHOULD BE AWARE THAT LINKED SITES MAY CONTAIN RULES AND REGULATIONS, PRIVACY PROVISIONS, CONFIDENTIALITY PROVISIONS, TRANSMISSION OF PERSONAL DATA PROVISIONS, AND OTHER PROVISIONS THAT DIFFER FROM THE PROVISIONS PROVIDED ON THE AGENCY'S SITE. AGENCY IS NOT RESPONSIBLE FOR SUCH PROVISIONS, AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RELATED TO SUCH USE AND PROVISIONS.

LINKED INTERNET SITES

AGENCY prohibits caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site. AGENCY reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the Content available on any other Internet sites linked to the Site. Access to any other Internet sites linked to the Site is at the user's own risk.

   PRESS RELEASES eNEWSLETTERS eMAIL

All press releases, eNewsletters, eMail and other materials presented or released that are contained on or from the Site are, to the best of AGENCY' knowledge, timely and accurate when issued.

Content contained in Promotional eNewsletters may be time-sensitive and AGENCY does not control this content and cannot be held responsible for errors or changes.

CAN-SPAM Act of 2003 (Public Law No. 108-187) Compliance Notice

We may send you eMail or eNewsletter messages about special promotions, new AGENCY features, and other pertinent information. However, if you do not want to receive these messages from us regarding products and services available at AGENCY, please contact us, and we will remove you from our lists.



   PRIVACY POLICY

AGENCY will never sell, rent, or give away your personal information to any unrelated company, organization, or individual without your permission. When you purchase travel services through AGENCY, we provide information about you to the travel supplier and/or other involved third party to ensure the successful fulfillment of your travel arrangements. However, your personal information will never be revealed to any other party directly by AGENCY without your permission.

However, AGENCY may disclose personal information if it is required to do so by law, court order, or government or law enforcement authority, or if it in good faith believes that disclosure is necessary or advisable (for example, without limitation, to protect the rights or properties of AGENCY or it's suppliers, or to identify, contact, or bring legal action against someone who may be causing interference with our rights or properties, whether intentionally or otherwise, or when anyone else could be harmed by such activities).

AGENCY may from time to time solicit information from you for marketing purposes. We may occasionally request information from you in connection with prize contests or on-line market research surveys. Your participation is always optional, and any personal information collected will not be shared in any way with any third party without your permission.

User should be aware that Linked Sites may contain transmission of personal data and standard business practice provisions that differ from the provisions provided herein. AGENCY is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.

ACCESS TO PASSWORD PROTECTED/SECURE AREAS

Access to and use of any password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

USE OF "COOKIE" FILE FEATURES

AGENCY's main site does NOT at the present time, but reserves the future right to, store information on a user's computer in the form of a "cookie" or similar file for purposes of modifying the Site to reflect users' preferences. It DOES ALLOW THE USE OF VISITOR AUTHORIZED COOKIES on it's Password Protected Sites to allow the visitor to return without the need to re-login.

   POSTINGS

[For use in connection with message boards, forums, destination or supplier reviews, or chat rooms on the Site.] AGENCY is under no obligation to review any messages, information or content "Postings") posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, AGENCY, or our Content Management Company, may from time to time monitor the Postings on the Site and may decline to accept and/or remove any Postings that contain: Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.

   CONSUMER DISCLOSURE NOTICE

AGENCY is acting as a mere Agent for suppliers (identified on this site or your travel documents) in selling their travel-related services, or in accepting reservations or bookings for services that are not directly supplied by this travel agency (such as air and ground transportation, hotel accommodations, meals, tours, cruises, etc.)

This agency, therefore shall not be responsible for breach of contract or any intentional or careless actions or omissions on the part of such suppliers, upon which the agency has no control over, which may result in any loss, damage, delay or injury to you or your traveling companions or group members.

Unless the term "guaranteed" is specifically stated in writing on your tickets, invoice, or reservation itinerary, we do not guarantee any of such suppliers' rates, bookings, reservations, connections, scheduling, or handling of personal effects. AGENCY shall not be responsible for any injuries, damages, or losses caused to traveler in connection with group or individual sporting activities or events, tours or sightseeing, terrorist activities, social or labor unrest, mechanical or construction failures or difficulties, diseases, local laws, climatic conditions or developments, or any other actions, omissions, or conditions outside the Agent's or Agency's direct control.

Travelers assume complete and full responsibility for, and hereby releases the Agent from, any duty of checking and verifying any and all passport, visa, vaccination, or other entry requirements of each destination and all safety and security conditions of such destinations, during the length of the proposed travel.

Special Notes:

[1] Your Travel Agent offers, and strongly recommends, Travel Insurance for trip cancellation, trip interruption, baggage, and medical coverage.

[2] Please understand that most (if not all) of the travel arrangements made on your behalf have explicit and/or limited cancellation, refund and change policies, along with the Travel Supplier's own set of Terms & Conditions and Limits Of Responsibility. Please check their brochure, your tickets and/or travel suppliers' reservation form for your specific rights to cancellation, changes and refunds.

[3] Government Taxes & Fees are subject to change at any time. Even if your travel has been paid in full, any increases impossed after your full payment has been received will be added to your travel cost.

International Travelers: For information concerning possible dangers at international destinations, contact the Travel Advisory Section of the United States State Department at (202) 647-5225. For medical information, call the Public Health Service at (301) 443-2403.

By embarking upon his/her travel, the traveler(s) voluntarily assumes all risks involved in such travel, whether expected or unexpected. Traveler is hereby warned of such risks and is advised to obtain appropriate insurance coverage against them. Traveler's retention of tickets, reservations, or bookings after issuance shall constitute a consent to the above and an agreement on his/her part to convey the contents hereto to his/her travel companions or group members.

   WARRANTY / LIMITATION OF LIABILITY

NO WARRANTIES

ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEB SITE TO WHICH THE SITE IS LINKED (A "LINKED SITE") ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT, SECURITY OR ACCURACY.

AGENCY DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN AGENCY, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE.

OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL AGENCY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.

LIMITATION OF LIABILITY FOR USE OF THE SITE AND LINKED SITES

THE INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTIONS (INCLUDING PRICING) OF SERVICES PUBLISHED ON THIS SITE OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND AGENCY SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. AGENCY DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THE SITE IS COMPLETE OR UP-TO-DATE. AGENCY IS UNDER NO OBLIGATION TO UPDATE ANY CONTENT ON THE SITE. AGENCY MAY CHANGE THE CONTENT ON THE SITE AT ANY TIME WITHOUT NOTICE. AGENCY MAY MAKE IMPROVEMENTS OR CHANGES TO THE SITE AT ANY TIME.

YOU AGREE THAT AGENCY, ITS WEB DSIGN & CONTENT MANAGEMENT REPRESENTATIVES, OTHER AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE SITE OR A LINKED SITE, EVEN IF AGENCY IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. AGENCY CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEB SITE.

LIMITATION OF LIABILITY FOR SERVICES ARRANGED THROUGH THE SITE

YOU AGREE THAT AGENCY IS A MERE AGENT FOR THE PROVIDERS OF SERVICES AVAILABLE THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO TRAVEL SERVICES. ANY AND ALL CLAIMS REGARDING ANY FAILURE OR BREACH WITH RESPECT TO THE SERVICES OFFERED THROUGH THE SITE ARE LIMITED TO CLAIMS AGAINST ANY AND ALL SERVICE PROVIDERS. AGENCY HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OUR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY CARRIER OR OTHER SUPPLIER THROUGH THE SITE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH CARRIER OR SUPPLIER AND YOU HEREBY EXONERATE AGENCY FROM ANY LIABILITY WITH RESPECT TO THE SAME.

CHANGES TO RULES AND REGULATIONS

AGENCY reserves the right to revise these Rules and Regulations at any time and users are deemed to be apprised of and bound by any changes to these Rules and Regulations.

VIOLATIONS OF RULES AND REGULATIONS

AGENCY reserves the right to seek all remedies available at law and in equity for violations of these Rules and Regulations, including the right to block access from a particular Internet address to the Site.

JURISDICTION/GOVERNING LAW

Users of this Site agree to submit to the laws of the State of Ohio, USA and applicable federal law without regard to conflicts of laws principles.

This page last modified on January 5th, 2009


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