Terms And Conditions
These Terms and Conditions govern your use of this Internet website and related mobile applications (together, the "Site") and any products, services, software, and other goods and services offered or available via the Site (collectively, the "Services") by JaneResture.com and its parents, successors, subsidiaries and affiliates (collectively, "JaneResture," we, or us). This is a contract in electronic form between you and JaneResture.com. Please read this carefully before using the Site.
By using the Services or registering with us, you are agreeing to the Terms and Conditions. If you do not agree to these Terms and Conditions, do not access the Site or otherwise use the Services.
JaneResture.com may change the Terms and Conditions from time to time and at any time without notice to you by posting such changes on the Site. Your continued use of the Site or Services after we post any such changes signifies your consent and agreement to be bound by the Terms and Conditions, as modified or revised. We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability.
As between you and JaneResture.com, JaneResture.com is the owner and/or authorized user or licensor of all content, including any trademarks and/or service marks. appearing on the Site, unless otherwise indicated. Except as expressly stated, JaneResture.com does not grant any license or other authorization with respect to the trademarks, service marks, other copyrightable material or any other intellectual property on the Site.
As a condition of use of the Site and the Services, you agree and acknowledge that any ideas, concepts, methods, systems, designs, plans, techniques or other similar materials that you submit or otherwise communicate to the Site may be used by JaneResture.com in any manner.
The Site is available to Users for personal, non-commercial use only. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by JaneResture.com. You may make a single printed copy of any item of content on the Site provided that you do not remove or cause to be removed any copyright, trademark, watermark or other proprietary notices or visual marks or logos from the content. You may not electronically archive or retain any content without the express prior written consent of JaneResture.com. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
Where access to the Site or portions thereof is on a subscription or fee basis, you may not access the Site or portions thereof without registering a discrete username and password. You may not share your username and password with other users or otherwise offer or make available your account to others for shared use.
You are prohibited from copying, modifying, or displaying JaneResture.com name, logo, trademarks or service marks, text, or graphic images in any way, or including JaneResture.com names or trademarks or service marks, or any variation of any of the foregoing, as a meta-tag, hidden textual element, or any other indicator that may create an impression of affiliation, sponsorship, or endorsement.
Certain content on the Site contain information or materials from third parties, including User Submitted Material (defined below) and links to other websites.We may also provide links, advertisements, solicitations, data, or other information related to third parties and their products or services. We have no control over such third parties and their materials, and you acknowledge and agree that we do not endorse and are not responsible or liable for the content of any advertising or other content provided by third parties on the Site. You further acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by websites to which you may link from the Site ("Linked Sites"). Links to Linked Sites are provided as a convenience to you, and do not constitute an endorsement by or association with JaneResture.com of such sites or the content, products, advertising or other materials presented on such websites. You acknowledge and agree that JaneResture.com is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites.
You warrant and agree that, while using the Site, you shall not:
(i) Upload, post or transmit to or distribute or otherwise publish through the Site any material that violates any provision of these Terms and Conditions;
(ii) Restrict or inhibit any other User from using and enjoying the Site;
(iii) Constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability or otherwise engage in any unlawful or illegal activities in connection with the use of this Site;
(iv) Impersonate or misrepresent your affiliation with any other person or entity;
(v) Upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by JaneResture.com);
(vi) Engage in spamming or flooding; or
(vii) Attempt to gain unauthorized access to other computer systems through the Site.
Except as otherwise expressly permitted herein, you may not upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works with respect thereto.
JaneResture.com may disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect itself and its Users. JaneResture.com will not intentionally monitor or disclose any private electronic mail message unless required by law.
JaneResture.com has no obligation to monitor any content on or through the Site, including any User Submitted Material, and we assume no such obligation. Notwithstanding the foregoing, JaneResture.com reserves the right to refuse to post or to remove any information or materials, in whole or in part, for any reason and at any time in our sole discretion. JaneResture.com may also suspend or terminate any User's use of the Site at any time in our sole discretion.
You agree to defend, indemnify and hold JaneResture.com , its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site or the placement or transmission of User Submitted Material on or through the Site by you.
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS THEREON, IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION , AND ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. JaneResture.com DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. JaneResture.com MAKES NO WARRANTY THAT THE SITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JaneResture.com OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT OR FUNCTION THEREON, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
The travelagents and agencies providing travel or other services referenced on this Website are independent contractors and are not agents or employees of JaneResture.com. JaneResture.comis not liable for the acts, errors, omissions, representations, warranties, breaches, violations of applicable laws or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. JaneResture.com disclaims any and all liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond its direct control, and further disclaims any and all responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority. JaneResture.com makes no representations or warranties about the suitability of the travel agents or agencies referenced on this Website or their products or services and expressly disclaims any warranties of merchantability, suitability for your purposes and title or noninfringement with regard to the products, services or software offered by the travel agents or agencies.
We control and operate this Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Violating the security of our Site is prohibited and may result in criminal and civil liability. JaneResture.com may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Site or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, mail bombing, newsbombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use limitations.
You agree that JaneResture.com may immediately terminate or suspend your account, any associated email address, and access to all or any part of the Site or change your password without notice. Cause for such termination, suspension or change shall include, but not be limited to, (a) breaches or violations of these Terms and Conditions or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Site (or any part thereof) (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) engagement by you in fraudulent or illegal activities. Termination of your account includes (or, if JaneResture.com elects instead to suspend your account, may include any one or more of the following) (a) removal of access to all offerings within the Site, (b) deletion of your password and all related information, files and other content associated with or inside your account (or any part thereof) and (c) barring of further use of the Site. You agree that all terminations and suspensions for cause shall be made in JaneResture.com sole discretion and that JaneResture.com shall not be liable to you or any third party for any termination or suspension of your account, loss of storage, any associated email address, or access to the Site. Further, JaneResture.com reserves the right, to immediately terminate or suspend your account, block any associated email address, and restrict or prohibit access to the Site at any time for any reason and without notice to you in its sole discretion.
The Terms and Conditions and the relationship between you and JaneResture.com shall be governed by the laws of the State of New York, without regard to its conflict of law provisions. You and JaneResture.com agree that any cause of action that may arise under this Agreement shall be commenced and be heard in the appropriate court in the State of New York, County of New York. You and JaneResture.com each agree to submit to the personal and exclusive jurisdiction of the courts located within New York County in the State of New York. The failure of JaneResture.com to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
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