You acknowledge that: (i) The Destination Plans Website contains information, communications, software, photos, video, graphics, music, sounds, and other material and services (collectively "Content"); (ii) Such Content is provided under license by DestinationPlans.com ("Destination Plans") and its partners and affiliates; (iii) Destination Plans owns a copyright in the selection, coordination, arrangement, and enhancement of such Content; (iv) Destination Plans permits access to Content that may be protected by copyrights, trademarks, and other intellectual and proprietary rights ("Rights"); (v) These Rights are valid and protected in all media and technologies existing now or later developed; and (vi) Except as explicitly provided otherwise in this Agreement, the applicable copyright, trademark, and other laws govern your use of the Content. Each user must evaluate, and bear the risk associated with any reliance on the accuracy, completeness or usefulness of any Content. Destination Plans makes every effort to ensure that the Content is accurate and reliable. You acknowledge that neither Destination Plans, or its partners or affiliates, shall assume or have any liability for any action or inaction by Destination Plans, or its partners or affiliates, with respect to Content on, or Content changes within, the Destination Plans Website. You also agree and accept that as new products and services become available on or through the Destination Plans Website, your use of these products and services is subject to this Agreement.
Use Of Information
Permission to use the Content is granted, provided that: use of the Content is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast media without a written license to do so. Use for any other purpose except for Fair Use as defined in 17 U.S.C. § 107 of the U.S. Copyright Act is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the full extent of the law.
Accordingly, you agree to use the Destination Plans Website only for lawful purposes. You may not (1) download files that contain software or other material protected by Intellectual Property laws or other applicable laws unless you own or control the rights thereto or have received all necessary consents, (2) violate any applicable local, state, national, international or foreign law, including, but not limited to, any rules or regulations having the force of law; or (3) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Destination Plans Website.
Liability for Travel Purchases
You understand that Destination Plans partners and associates with multiple third party suppliers of travel. When you book travel through one of the Destination Plans Website, you are contracting with one of these third party travel providers. In most cases, you will receive e-mail or other communications from these third parties evidencing your agreement and the terms and conditions associated with your rights and responsibilities. YOU UNDERSTAND THAT Destination Plans DOES NOT CONTROL THESE COMMUNICATIONS OR THE THIRD PARTIES AND IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTIAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR TRAVEL OR OTHER COMMERCE-RELATED SERVICES PROVIDED, DIRECTLY OR INDIRECTLY, BY THESE THIRD PARTIES. If you are uncertain as to what third parties may be involved in any transactions that involve any of the Destination Plans Website, please feel free to contact us at info@DestinationPlans.com for further elaboration and to answer any questions you may have.
Indemnification
User agrees to defend, indemnify and hold harmless Destination Plans, its partners, affiliated companies, its employees, contractors, officers, and directors from all liabilities, claims and expenses, including attorneys’ fees, that arise from your use of the Destination Plans Website. Destination Plans reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. In such event, you shall have no further obligation to provide indemnification for such matter.
Warranty
YOU EXPRESSLY AGREE THAT YOUR USE OF THE Destination Plans Website IS AT YOUR SOLE RISK. THE Destination Plans Website AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR PERSONAL USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ACCURACY, COMPLETENESS, AND ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUPOSE, TITLE AND NON-INFRINGEMENT, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. IN NO EVENT SHALL Destination Plans, ITS PARTNERS OR AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTIAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE Destination Plans Website OR WITH THE DELAY OR INABILITY TO USE THE Destination Plans Website. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, Destination Plans' LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. Destination Plans DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH ITS WEBSITES, EXCEPT AS EXPRESSLY PROVIDED, AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Destination Plans operates and controls its websites from its offices in California, USA. These websites can be accessed from all fifty states and internationally. As the laws of California may differ from those of the many jurisdictions from which you may be accessing the Content, by accessing the Destination Plans Website both you and Destination Plans agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof, will apply to all matters relating to use of the Destination Plans Website.
Proprietary Rights Notices
The contents of the Destination Plans Website are: Copyright © 2009 DestinationPlans.com All rights reserved.
If there are any additional questions about our terms of service, please use our