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AGREEMENT
BETWEEN USER AND MARATHON TRAVEL & CRUISE SHOP
Marathon Travel & Cruise Shop offers access
to and use of this travel product subject to your acceptance
without modification of these terms and conditions.
Your use of this travel product constitutes your agreement
to all such terms, conditions and notices.
USE OF THIS TRAVEL PRODUCT
You may use our travel product only if you are
at least 18 years of age and can enter into binding
contracts. We will use our reasonable commercial efforts
to keep our travel product available on a 24-hour/7-day-per-week
basis, subject to necessary scheduled downtime for maintenance,
unscheduled maintenance and system outages.
You agree to be financially responsible for all your
use of this travel product (as well as for use of your
account by others, including, without limitation, minors
living with you). You agree to supervise all usage of
this travel product by minors under your name or account.
You also warrant that all information supplied by you
or members of your household in using this travel product
is true and accurate. Without limitation, any speculative,
false, or fraudulent reservation or any reservation
in anticipation of demand is prohibited. You agree that
these travel services reservations facilities shall
be used only to make legitimate reservations or purchases
for you or for another person for whom you are legally
authorized to act. You understand that overuse or abuse
of these travel services reservation facilities may
result in you being denied access to such facilities.
Separate terms and conditions will apply to your reservation
and purchase of travel-related goods and services that
you select. You agree to abide by the terms or conditions
of purchase imposed by any supplier with whom you elect
to deal, including, but not limited to, payment of all
amounts when due and compliance with all rules and restrictions
regarding availability of fares, products, or services.
You shall be completely responsible for all charges,
fees, duties, taxes, and assessments arising out of
the use of this travel product.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this travel product including
but not limited to text, graphics and icons are copyrighted
materials owned or controlled by Worldspan and/or its
suppliers including but not limited to Worldspan , L.P.
(such suppliers are hereinafter referred to collectively
as "Suppliers" or "SUPPLIERS").
All rights reserved. Nothing contained on this travel
product should be construed as granting you any license
or right to use any trademark displayed on this travel
product without the written permission of Marathon Travel
& Cruise Shop and/or its Suppliers.
All software, including without limitation all programming
code and controls contained in this product, is owned
by Marathon Travel & Cruise Shop and/or its Suppliers
and is protected by copyright laws and international
treaty provisions. This travel product is for your personal
and noncommercial use. You may not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license,
create derivative works from, transfer, or sell any
information, software, products, or services obtained
from this travel product. Any product and company names
and logos found herein may be the trademarks of their
respective owners.
LIABILITY AND WARRANTY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES
PUBLISHED IN THIS TRAVEL PRODUCT MAY INCLUDE INACCURACIES
OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED
TO THE INFORMATION HEREIN. MARATHON TRAVEL & CRUISE
SHOP AND/OR ITS SUPPLIERS MAY IMPROVE, CHANGE AND/OR
DISCONTINUE THIS TRAVEL PRODUCT AND/OR ANY OF ITS FEATURES
AT ANY TIME.
MARATHON TRAVEL & CRUISE SHOP AND/OR ITS SUPPLIERS
MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE
INFORMATION, PRODUCTS, AND SERVICES CONTAINED IN THIS
TRAVEL PRODUCT FOR ANY PURPOSE. ALL SUCH INFORMATION,
PRODUCTS, AND SERVICES ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. MARATHON TRAVEL &
CRUISE SHOP AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, AND NONINFRINGEMENT. MARATHON TRAVEL
& CRUISE SHOP AND/OR ITS SUPPLIERS ASSUME NO RESPONSIBILITY
AND SHALL NOT BE LIABLE FOR ANY DAMAGES, CLAIM, LOSS,
OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION, VIRUS, COMMUNICATION FAILURE, OR
OTHERWISE IN CONNECTION WITH THE USE OF THIS TRAVEL
PRODUCT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE)
OR UNDER ANY OTHER LEGAL THEORY OR CAUSE OF ACTION.
IN NO EVENT SHALL MARATHON TRAVEL & CRUISE SHOP
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE
OF THIS TRAVEL PRODUCT OR WITH THE DELAY OR INABILITY
TO USE THIS TRAVEL PRODUCT, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS
TRAVEL PRODUCT, OR OTHERWISE ARISING OUT OF THE USE
OF THIS TRAVEL PRODUCT, WHETHER BASED ON CONTRACT, TORT,
STRICT LIABILITY, OR OTHERWISE, EVEN IF MARATHON TRAVEL
& CRUISE SHOP AND/OR ITS SUPPLIERS HAVE BEEN ADVISED
OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.
INDEMNITY
As a condition of your use of this travel product,
you agree to indemnify Marathon Travel & Cruise
Shop and its Suppliers and their respective parent and
affiliate companies from and against any and all liabilities,
expenses (including attorney's fees) and damages arising
out of claims resulting from your use of this travel
product. Marathon Travel & Cruise Shop and its Suppliers
are not responsible for any disruptions experienced
in your travel plans due to mechanical, weather, or
travel service provider conditions. It is the travel
service provider's responsibility to inform you of these
disruptions and help you make alternative travel arrangements.
Marathon Travel & Cruise Shop and its Suppliers
do not assume and hereby disclaim any liability to any
part for any loss or damage caused by errors, omissions,
misleading information, or any potential travel problem
caused by information provided on this travel product.
UNLAWFUL OR PROHIBITED USE
As a condition of your use of this travel product,
you warrant that you will not use this travel product
for any purpose that is unlawful or prohibited by these
terms and conditions. Marathon Travel & Cruise Shop
and/or its Suppliers reserve the right to pursue fraudulent
credit card purchases to the full extent of the law.
LINKS TO THIRD-PARTY SITES
This travel product may contain hyperlinks to
web sites operated by parties other than Marathon Travel
& Cruise Shop , which are provided for your reference
only. Marathon Travel & Cruise Shop does not control
these web sites and is not responsible for their content.
Marathon Travel & Cruise Shop 's inclusion of hyperlinks
to such web sites does not imply any endorsement or
association of the material on such web sites and are
accessed at your own discretion and risk.
MODIFICATION OF THESE TERMS AND CONDITIONS
Marathon Travel & Cruise Shop reserves the
right to change at any time the terms, conditions and
notices under which this travel product is offered.
GENERAL
Marathon Travel & Cruise Shop 's performance
of this agreement is subject to existing laws and legal
process, and nothing contained in this agreement is
in derogation of Marathon Travel & Cruise Shop 's
right to comply with law enforcement requests or requirements
relating to your use of this travel product or information
provided to or gathered by Marathon Travel & Cruise
Shop and/or its Suppliers with respect to such use.
If any part of this agreement is determined to be invalid
or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the
original provision and the remainder of the agreement
shall continue in effect.
This agreement constitutes the entire agreement between
the user and Marathon Travel & Cruise Shop with
respect to this travel product and it supersedes all
prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user
and Marathon Travel & Cruise Shop with respect to
this travel product. A printed version of this agreement
and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same
extent and subject to the same conditions as other business
documents and records originally generated and maintained
in printed form.
Any rights not expressly granted herein are reserved.
JURISDICTION
These Terms and Conditions shall be governed
by, construed and enforced in accordance with the laws
of the State of Georgia, United States of America, without
regard to its conflict of laws provisions. You hereby
submit and consent to the jurisdiction of the United
States District Court, Northern District of Georgia
and the courts of the State of Georgia of competent
jurisdiction.
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