The following are terms ("Terms") of a legal agreement
between you and Essential DownUnder Travel, LLC ("Essential").
By accessing, browsing and/or using this Web site ("Site"),
you acknowledge that you read, understand, and agree to be
bound by these Terms and to comply with all applicable laws
and regulations, including U.S. export and re-export control
laws and regulations. If you do not agree to these Terms, do
not use this Site.
THE INFORMATION PROVIDED ON THIS SITE IS PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. ESSENTIAL SHALL NOT BE LIABLE FOR ANY
DAMAGES SUFFERED BY OR INJURY CAUSED TO YOU, INCLUDING ANY
DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL AND/OR INCIDENTAL
DAMAGES, RESULTING FROM YOUR ACCESS TO, OR INABILITY TO
ACCESS, THIS SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION
PROVIDED IN THE SITE, EVEN IF ESSENTIAL AND/OR ITS
AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
Restrictions On Use Of Site
Essential DownUnder Travel, LLC and its affiliates (collectively
"Essential ") hereby authorize you to copy the materials
published by Essential on this Site (the "Materials")
exclusively for non-commercial use by you personally or
within your organization. The design and layout of the Site
are specifically excluded from the Materials. No other use
of the Materials is authorized. In consideration of this
authorization, you agree that any copy of the Materials (or
any portion of the Materials) that you make shall retain all
copyright and other proprietary notices contained herein or
therein.
General Disclaimer
The Materials have been compiled by Essential from internal
and external sources. However, while Essential has attempted
to provide accurate information on the Site, no
representation is made or warranty given as to the
completeness or accuracy of the Materials. In particular,
you should be aware that the Materials may be incomplete,
may contain errors or may have become out of date. You
should therefore verify information obtained from this Site
before you take any action upon it. Essential DownUnder
Travel™ acts as Agent for airlines, tour companies, cruise
lines or other suppliers who are responsible for providing
the travel services purchased by clients. Clients consent to
the use of those suppliers and agree not to hold Essential
DownUnder Travel, LLC responsible should any of these suppliers
fail to provide travel services purchased, fail to comply
with any applicable law, or engage in any negligent act or
omission that causes a client any sort of injury, damage,
delay or other inconvenience.
Property Rights
The products, technology and/or processes described in this
Site may be the subject of intellectual property rights
reserved by Essential or other third parties. Nothing
contained herein shall be construed as conferring to you in
any manner, whether by implication, estoppels or otherwise,
any license, title, or ownership of or to any intellectual
property right of Essential or any third party.
Links To Third Party Web sites:
Framing
This Site may provide links or references to other sites,
including sites provided by the United States government;
Essential has no responsibility for the content of these
other sites, does not make any representations or give any
warranties with respect to any information contained in or
at these other sites and shall not be liable for any damages
or injury arising from the content of these other sites.
Essential does not endorse companies or products to which it
has provided links. Any links to other sites are provided
merely as a convenience to the users of this Site and, if
you decide to access any of the third party sites linked to
this Site, you do so entirely at your own risk. Essential
reserves the right to terminate any link or linking program
at any time. There may be circumstances where access to this
Site is provided by a hypertext link located at another Web
site. Essential does not make any representations or give
any warranties with respect to any information contained in
or at these other sites and Essential shall not be liable
for any damages or injury arising from the content of these
other sites. Essential does not endorse the individuals,
companies or other similar entities, or any products or
materials associated with such individuals, companies or
other similar entities, which provide a link to this Site at
their Web sites. Unless approved in writing in advance by
Essential , you agree not to: (a) provide or create a link
to this Site; and (b) create any frames at any other Web
sites pertaining to any of the Materials located at this
Site. Contact the Essential Webmaster at
info@essentialdownunder.com seek approval for linking to
this Site.
Updates
The Materials published on this Site may include technical
inaccuracies or typographical errors. Changes - including,
but not limited to, quoted prices - may be made periodically
to the Materials. Essential may also make improvements
and/or changes in the products and services and/or the
programs described in the Materials at any time without
notice. Essential shall have the right to revise these Terms
at any time by updating this posting. By using this Site,
you agree to be bound by any such revisions and should
therefore periodically visit this Site to determine the
then-current Terms to which you are bound.
Disclosure: Forward-Looking
Statements
Some of the Materials may contain projections or other
forward-looking statements regarding future events or the
future financial or technical performance of Essential . We
wish to caution you that these statements are only
predictions and that actual events or results may differ
materially.
User Communications
Essential is under no obligation to refrain from
reproducing, publishing, or otherwise using communications
you send to or receive from this Site or otherwise send to
or receive from Essential by electronic mail or other
electronic means, including any ideas, inventions, concepts,
techniques, or know-how disclosed therein, for any purpose,
including the developing, manufacturing and/or marketing of
products or services incorporating such information. You
hereby give Essential your consent to use your personal
data.
Products And Services
Availability
Essential may provide access to international information,
which information may contain references or cross references
to products, programs, and services that are not currently
available in your country. Essential provision of references
to such products, programs, and services does not
necessarily mean or otherwise imply that the products,
programs and services announced or discussed are available
in countries other than the United States. Also, Essential
is a service provider operating in some, but not all,
markets within the United States. Therefore, it may provide
access to information that may contain references or cross
references to products, programs, and services that are not
announced or available in all U.S. markets. Essential
provision of references to such products, programs, and
services does not necessarily mean or otherwise imply that
the products, programs, and services announced or discussed
are available in all United States markets or all markets
where Essential conducts business.
Governing Law And Jurisdiction:
Compliance With Laws
Access to this Site is governed by U.S. federal law and/or
the laws of the State of North Carolina. Any legal action or
proceeding relating to your access to, or use of, this Site
shall be instituted only in a state or federal court located
in Buncombe County, NC, U.S.A. You and Essential agree to submit
to the jurisdiction of, and agree that venue is proper in,
these courts in any such legal action or proceeding.
Specifically, European Union Nationals may have rights under
the European Commissions' Data Protection Directive and
implementing privacy legislation in the member states. By
using this Web site you may be consenting to processing of
your personal data which does not conform to such privacy
protection laws. All information available at this Site is
subject to U.S. export control laws and may also be subject
to the laws of the country where you reside. All Essential
products and publications are commercial in nature. Any
Materials copied or downloaded from this Site for or on
behalf of the United States of America, its agencies and or
instrumentalities ("U.S. Government"), is provided with
restricted rights. Use, duplication, or disclosure by the
U.S. Government is subject to the restrictions as set forth
in subparagraph (c)(1)(ii) of the Rights in Technical Data
and Computer Software clause at DFARS 252.227-7013 or
subparagraphs (c)(1) and (2) of the Commercial Computer
Software-Restricted Rights at 48 CFR 52.227-19, as
applicable.
Waiver
No delay or omission by Essential to exercise any right
occurring upon any noncompliance on your part with respect
to any of the terms of this Agreement shall impair any such
right or power or be construed to be a waiver thereof. Any
waiver by Essential of any of the covenants, conditions or
agreements to be performed by you shall not be construed to
be a waiver of any succeeding breach thereof or of any
covenant, condition or agreement herein contained.
Trademark Information
Essential DownUnder, Essential DownUnder Travel, and the
Essential DownUnder Travel logo are common law trademarks of
Essential DownUnder Travel, LLC. The Essential DownUnder
trademark and other designated product and feature names are
common law trademarks of Essential DownUnder Travel, LLC and may
be used publicly only with prior permission from Essential
DownUnder Travel, LLC.
Fair use of Essential trademarks in advertising and
promotion of Essential products and services requires proper
acknowledgment.
Copyright © 2000 Essential DownUnder Travel, LLC. All rights
reserved.