Texas Hill Country Travel
In this document, terms that commence with a capital letter are defined in this Section or in the preamble.
"Content" means the text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Site. The term also includes Marks and Products and Services.
"Mark" means trademark, trade name, service mark, trade dress, logo, custom graphics, or icon.
"Products and Services" means any airline travel, lodging accommodation, car rental, ground transportation, tours, theater tickets, attractions, travel insurance, or any other service or property advertised on, available through, or in any other manner related to this Site, whether travel and leisure service related or not.
"Provider" means Company’s licensors, suppliers, information providers, and travel and leisure service providers.
"Purchase" means to book, reserve, or purchase.
"Registrant" means any individual who has registered with the Site for purposes of receiving a newsletter, creating and maintaining a travel itinerary, or for any other purpose for which registration may from time to time be required.
"Registrant ID" means the e-mail address and password a person uses to become a Registrant.
Description of Service
The Site is provided to you for your personal travel-related information, education, and communication. Without our express written permission, you expressly agree not to:
use the Site for any commercial purposes, including the use of any robot, spider, scraper or other automated means or any manual process for the purpose of accessing, monitoring or copying any content or information of this Site.
“frame”, “mirror”, or otherwise incorporate any part of this Site into any other website.
take any action that imposes, or is likely to impose an unreasonable or disproportionate burden on the Site’s infrastructure.
Use the Site for any unlawful purpose(s) or purpose(s) prohibited by this agreement.
You must provide (1) all equipment necessary for your own Internet connection, including computer and modem and (2) provide for your access to the Internet, and (3) pay any fees relate with such connection.
3. Travel Information
The Company does not endorse any Provider or Products and Services listed on this Site. Information printed on this Site by Providers constitutes advertisements by the Provider. We expressly do not confirm, warrant or guarantee the accuracy of any listing. Each Provider is solely responsible for the content of their advertisement and the accuracy of the information given. Confirmation of the Purchase of Products and Services is the sole responsibility of the Provider, as is the condition and availability of such Products and Services. It is your responsibility, as the traveler, to confirm and validate the information you receive from a Provider. We expressly disclaim any liability or responsibility for the success of any transaction you have with any Provider through your use of this Site. Qualification of any person or persons using this Site for the Purchase of Products and Services is the sole responsibility of the Provider. The Company is not a real estate broker, agent or licensed rental company, and we expressly disclaim all liability for any Provider misrepresentations.
4. Disclaimer of Warranties
The Site is provided by the Company on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, and in addition to any disclaimers found in Paragraph 3 and elsewhere in this agreement, the Company makes no representations or warranties of any kind, express or implied, regarding the use or the results of this Site in terms of its correctness, accuracy, reliability, or otherwise. The Company shall have no liability for any interruptions in the use of this Site. The Company disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. The exclusion of implied warranties will not apply in those jurisdictions that do not allow the exclusion of implied warranties.
5. Age Restrictions
Minors (as defined under the laws of their jurisdiction or residence) are not eligible to be a Registrant or to Purchase any Products and Services available on this Site. Pursuant to 47 U.S.C. Section 230(d), as amended from time to time, you are hereby notified that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
6. Registrant's Responsibility
You are responsible for maintaining the secrecy of your Registrant ID and password. This is essential to protect the confidentiality of any information that may be stored in your itinerary folder or any other facility maintained by the Company for your use. You will also be financially accountable for all use of our Site by you and anyone using your password and login information.
The Company makes reasonable attempts to exclude viruses from the Site, but cannot ensure that the Site will be at all times free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading information from the Site. We assume no responsibility for any damages to computer equipment or other property that may result from use of the Site or downloading anything from the Site.
8. Content on Site
The Content on this Site is protected by Marks and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any Content from the Site. During your visit, however, you may download material displayed on the Site for non-commercial, personal use only (provided that you also retain all Mark notices contained on the materials). We neither warrant nor represent that your use of materials displayed on the Site will not infringe rights of third parties not owned by us or affiliated with this Site. The Site may further provide you and other users with an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Site, or others. The Company does not have any obligation to monitor, edit, or review any such submissions, and such submissions do not reflect our views. The Company assumes no liability or responsibility arising from the content of any such submission or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information submitted to the Site. You are strictly prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. We will fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone submitting any such information or materials to the Site.
9. Limitation of Liability
THE COMPANY AND ITS SUBSIDIARIES, OFFICERS, DIRECTORS, AFFILIATES, REPRESENTATIVES, EMPLOYEES, AGENTS AND ASSIGNS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR COMPANY AND ITS SUBSIDIARIES, OFFICERS, DIRECTORS, AFFILIATES, REPRESENTATIVES, EMPLOYEES, AGENTS AND ASSIGNS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
You agree to indemnify and hold the Company, it’s subsidiaries, officers, directors, affiliates, representatives, employees, agents and assigns, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your use of the Service or this Site, the violation of this Agreement, or infringement by you, or other user of the Service or this Site using your computer, of any intellectual property or any other right of any person or entity.
11. Modifications and Interruption of Service
The Company reserves the right to modify or discontinue the Service with or without notice. The Company shall not be liable to any user, Registrant, or any third party should the Company exercise its right to modify or discontinue the Service. Registrant’s
acknowledge and accept that the Company does not guarantee continuous, uninterrupted or secure access to the Site and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
12. Third Party Sites
13. Governing Jurisdiction
14. Copyright and Trademark Infringement
All Content included or available on this Site, including Marks, Site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2009 Company, with all rights reserved, or is the property of Company and/or third parties protected by intellectual property rights. Any use of materials on the Site, including reproduction for purposes other than those noted in this Agreement, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of the Company is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of the Company.
All other trademarks displayed on the Site are the Marks of their respective owners, and constitute neither an endorsement nor a recommendation of those Providers. In addition, such use of Marks or links to the web sites of Providers is not intended to imply, directly or indirectly, that those Providers endorse or have any affiliation with the Company.
15. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, the Company designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
P. O. Box 158
Driftwood, TX 78619
By Telephone: 800-980-3919
By Email: firstname.lastname@example.org
The Company retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Company reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
17. Other Terms