AGREEMENT
BETWEEN CUSTOMER AND GETTICKETS, LLC
Welcome
to the getTexasOnline.com
website (the 'Website') owned and operated by getTickets,
LLC. This Website is provided solely to assist customers in
gathering travel information, determining the availability
of travel-related goods and services, making legitima te reservations
or otherwise transacting business with travel suppliers, and
for no other purposes. The terms 'we', 'us', 'our' and 'getTickets'
refer to getTickets, LLC, a Delaware corporation and/or our
subsidiaries. The term 'you' refers to the customer visiting
the Website and/or booking a reservation through us on this
Website, or through our customer service agents
This
Website is offered to you conditioned upon your acceptance
without modification of all the terms, conditions, and notices
set forth below (collectively, the 'Agreement'). By accessing
or using this Website in any manner, you agree to be bound
by the Agreement. Please read the Agreement carefully. If
you do not accept all of these terms and conditions, please
do not use this Website. Be sure to return to this page periodically
to review the most current version of the Agreement. We reserve
the right at any time, at our sole discretion, to change or
otherwise modify the Agreement without prior notice, and your
continued access or use of this Website signifies your acceptance
of the updated or modified Agreement.
USE OF
THE WEBSITE
As a
condition of your use of this Website, you warrant that (i)
you are at least 18 years of age, (ii) you possess the legal
authority to create a binding legal obligation, (iii) you
will use this Website in accordance with this Agreement, (iv)
you will only use this Website to make legitimate reservations
for you or for another person for whom you are legally authorized
to act, (v) all information supplied by you on this Website
is true, accurate, current and complete, and (vi) if you are
a registered getTexasOnline.com user, you
will safeguard your account information and will supervise
and be completely responsible for any use of your account
by anyone other than you. We retain the right at our sole
discretion to deny access to anyone to this Website and the
services we offer, at any time and for any reason, including,
but not limited to, for violation of this Agreement.
PROHIBITED
ACTIVITIES
The content
and information on this Website (including, but not limited
to, price and availability of travel services), as well as
the infrastructure used to provide such content and information,
is proprietary to us or our suppliers and providers. While
you may make limited copies of your travel itinerary (and
related documents) for travel or services booked through this
Website, you agree not to otherwise modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer, or sell or re-sell any information,
software, products, or services obtained from or through this
Website. Additionally, you agree not to:
1. use
this Website or its contents for any commercial purpose;
2. make any speculative, false, or fraudulent reservation
or any reservation in anticipation of demand;
3. access, monitor or copy any content or information of this
Website using any robot, spider, scraper or other automated
means or any manual process for any purpose without our express
written permission;
4. violate the restrictions in any robot exclusion headers
on this Website or bypass or circumvent other measures employed
to prevent or limit access to this Website;
5. take any action that imposes, or may impose, in our discretion,
an unreasonable or disproportionately large load on our infrastructure;
6. deep-link to any portion of this Website (including, without
limitation, the purchase path for any travel services) for
any purpose without our express written permission; or
7. 'frame', 'mirror' or otherwise incorporate any part of
this Website into any other website without our prior written
authorization.
SUPPLIER
RULES AND RESTRICTIONS
Separate
terms and conditions will apply to your reservation and purchase
of travel-related goods and services that you select Please
read these separate terms and conditions carefully. You agree
to abide by the terms and 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 the supplier's rules and restrictions regarding availability
and use of fares, products, or services. You acknowledge that
some third-party providers offering certain services and/or
activities may require you to sign their liability waiver
prior to participating in the service and/or activity they
offer. You understand that any violation of any such supplier's
rules and restrictions may result in cancellation of your
reservation(s), in your being denied access to the applicable
travel product or services, in your forfeiting any monies
paid for such reservation(s), and/or in our debiting your
account for any costs we incur as a result of such violation.
PRIVACY
POLICY
getTickets
believes in protecting your privacy. Please click here to
review our current Privacy Policy, which also governs your
use of getTexasOnline.com, to understand
our practices:Privacy
Policy.
REVIEWS,
COMMENTS AND OTHER SUBMISSIONS
We appreciate
hearing from you. Please be aware that by submitting content
to this Website by electronic mail, postings on this Website
or otherwise, including any hotel reviews, questions, comments,
suggestions, ideas or the like contained in any submissions
(collectively, “Submissions”), you grant getTickets
and its affiliates a nonexclusive, royalty-free, perpetual,
transferable, irrevocable and fully sub licensable right to
(a) use, reproduce, modify, adapt, translate, distribute,
publish, create derivative works from and publicly display
and perform such Submissions throughout the world in any media,
now known or hereafter devised; and (b) use the name that
you submit in connection with such Submission. You acknowledge
that getTickets may choose to provide attribution of your
comments or reviews (for example, listing your name and hometown
on a hotel review that you submit) at our discretion, and
that such submissions may be shared with our supplier partners.
You further grant getTickets the right to pursue at law any
person or entity that violates your or getTickets’s
rights in the Submissions by a breach of this Agreement. You
acknowledge and agree that Submissions are non-confidential
and non-proprietary. We take no responsibility and assume
no liability for any Submissions posted or submitted by you.
We have no obligation to post your comments; we reserve the
right in our absolute discretion to determine which comments
are published on the getTexasOnline.com website
If you do not agree to these terms and conditions, please
do not provide us with any Submissions.
You are
fully responsible for the content of your Submissions, (specifically
including, but not limited to, reviews posted to this Website).
You are prohibited from posting or transmitting to or from
this Website: (i) any unlawful, threatening, libelous, defamatory,
obscene, pornographic, or other material or content that would
violate rights of publicity and/or privacy or that would violate
any law; (ii) any commercial material or content (including,
but not limited to, solicitation of funds, advertising, or
marketing of any good or services); and (iii) any material
or content that infringes, misappropriates or violates any
copyright, trademark, patent right or other proprietary right
of any third party. You shall be solely liable for any damages
resulting from any violation of the foregoing restrictions,
or any other harm resulting from your posting of content to
this Website. You acknowledge that getTickets may exercise
its rights (e.g. use, publish,delete) to any content you submit
without notice to you.
getTickets’s
respects the copyright of others. If any content are found
to be a copy right infringement please inform the company
to take the remedial action. Copy right complaints can be
submitted to bizdev[at]getTicketsInc.com please use “copyright
infringement” in the subject line of the email. getTickets
treats copy right complaints as top priority will take all
necessary actions to relieve the grievance. getTickets is
not responsible for copyright violations for submissions made
by third parties unless the company is notified and a reasonable
time has lapsed to allow the company to take corrective action.
Prepaid
Hotel Reservations
You acknowledge
that getTickets pre-negotiates certain room rates with hotel
suppliers to facilitate the booking of reservations on your
behalf. The room rate displayed on the Website is a combination
of the pre-negotiated room rate for rooms reserved on your
behalf by getTickets and the facilitation fee retained by
getTickets to compensate us for our services. You authorize
getTickets to book reservations for the total reservation
price, which includes the room rate displayed on the Website,
plus tax recovery charges, and service fees. You agree that
your credit card will be charged by getTickets for the total
reservation price. Upon submitting your reservation request
you authorize getTickets to facilitate hotel reservations
on your behalf, including making payment arrangements with
hotel suppliers.
You acknowledge
that getTickets does not collect taxes for remittance to applicable
taxing authorities. The tax recovery charges on prepaid hotel
transactions are a recovery of the estimated transaction taxes
(e.g. sales and use, occupancy, room tax, excise tax, value
added tax, etc) that getTickets pays to the hotel supplier
in connection with your hotel reservations. The hotel suppliers
invoice getTickets for tax amounts. The Hotel suppliers remit
applicable taxes to the applicable taxing jurisdictions. getTickets
does not act as co-vendors with the supplier with whom we
book or reserve our customer's travel arrangements. Taxability
and the appropriate tax rate vary greatly by location. The
actual tax amounts paid by getTickets to the hotel suppliers
may vary from the tax recovery charge amounts, depending upon
the rates, taxability, etc. in effect at the time of the actual
use of the hotel by our customers. We retain our service fees
as compensation in servicing your travel reservation. Our
service fees vary based on the amount and type of hotel reservation.
You may
cancel or change your prepaid hotel reservation, but you will
be charged the cancellation or change fee indicated in the
rules and restrictions for the hotel reservation. In addition,
if you do not cancel or change your reservation before the
cancellation policy period applicable to the hotel you reserved,
which varies by hotel (usually 24 to 72 hours) prior to your
date of arrival), you will be subject to a charge of applicable
nightly rates, tax recovery charges and service fees. In the
event you do not show for the first night of the reservation
and plan to check-in for subsequent nights in your reservation,
you must confirm the reservation changes with getTickets or
its subsidiary, as appropriate, no later than the date of
the first night of the reservation to prevent cancellation
of your reservation. You must make refund requests for no-shows
or early checkouts within 60 days after checkout
You agree
to pay any cancellation or change fees that you incur. In
limited cases, some hotels do not permit changes to or cancellations
of reservations after they are made, as indicated in the rules
and restrictions for the hotel reservation. You agree to abide
by the terms and conditions imposed with respect to your prepaid
hotel reservations.
TRAVEL
ADVISORY
Although
most travel, including travel to international destinations,
is completed without incident, travel to certain destinations
may involve greater risk than others. getTickets urges passengers
to review travel prohibitions, warnings, announcements and
advisories issued by the United States Government prior to
booking travel to international destinations. Information
on conditions in various countries and the level of risk associated
with travel to particular international destinations can be
found at
www.state.gov
,www.tsa.gov,www.faa.gov,www.cdc.gov,www.treas.gov/ofac
and www.customs.gov
by offering
for sale travel to particular international destinations,
gettickets does not represent or warrant that travel to such
points is advisable or without risk, and is not liable for
damages or losses that may result from travel to such destinations
THEIR
RESPECTIVE
The information,
software, products, and services published on this website
may include inaccuracies or errors, including pricing errors.
in particular, gettickets, its subsidiaries and corporate
affiliates (collectively, the 'gettickets companies') and
the affiliated, co-branded and/or linked website partners
through whom we provide service (collectively, 'gettickets
affiliates') do not guarantee the accuracy of, and disclaim
all liability for any errors or other inaccuracies relating
to the information and description of the hotel, air, cruise,
car and other travel products displayed on this website (including,
without limitation, the pricing, photographs, list of hotel
amenities, general product descriptions, etc.), much of which
information is provided by the respective suppliers. in addition,
gettickets expressly reserves the right to correct any pricing
errors on our website and/or on pending reservations made
under an incorrect price. in such event, we will offer you
the opportunity to keep your pending reservation at the correct
price or, at your option, we will cancel your reservation
without penalty.
Hotel
ratings displayed on this website are intended as only general
guidelines, and the gettickets companies and the gettickets
affiliates do not guarantee the accuracy of the ratings. the
gettickets companies, the gettickets affiliates and their
respective suppliers make no guarantees about the availability
of specific products and services. the gettickets companies,
the gettickets affiliates and their respective suppliers may
make improvements and/or changes on this website at any time
The gettickets
companies, the gettickets affiliates, and their respective
suppliers make no representations about the suitability of
the information, software, products, and services contained
on this website for any purpose, and the inclusion or offering
of any products or services on this website does not constitute
any endorsement or recommendation of such products or services
by the gettickets companies or the gettickets affiliates.
all such information, software, products, and services are
provided 'as is' without warranty of any kind. the gettickets
companies, the gettickets affiliates, and their respective
suppliers disclaim all warranties and conditions that this
website, its servers or any email sent from the gettickets
companies, the gettickets affiliates, and/or their respective
suppliers are free of viruses or other harmful components.
the gettickets companies, the gettickets affiliates, and their
respective suppliers hereby disclaim all warranties and conditions
with regard to this information, software, products, and services,
including all implied warranties and conditions of merchantability,
fitness for a particular purpose, title, and noninfringement.
The carriers,
hotels and other suppliers providing travel or other services
on this website are independent contractors and not agents
or employees of the gettickets companies, or the gettickets
affiliates. the gettickets companies and the gettickets affiliates
are not liable for the acts, errors, omissions, representations,
warranties, breaches or negligence of any such suppliers or
for any personal injuries, death, property damage, or other
damages or expenses resulting therefrom. the gettickets companies
and the gettickets affiliates have no liability and will make
no refund in the event of any delay, cancellation, overbooking,
strike, force majeure or other causes beyond their direct
control, and they have no responsibility for any additional
expense, omissions, delays, re-routing or acts of any government
or authority.
in no
event shall the gettickets companies, the gettickets affiliates,
and/or their respective suppliers be liable for any direct,
indirect, punitive, incidental, special, or consequential
damages arising out of, or in any way connected with, your
access to, display of or use of this website or with the delay
or inability to access, display or use this website (including,
but not limited to, your reliance upon opinions appearing
on this web site; any computer viruses, information, software,
linked sites, products, and services obtained through this
website; or otherwise arising out of the access to, display
of or use of this website) whether based on a theory of negligence,
contract, tort, strict liability, or otherwise, and even if
the gettickets companies, the gettickets affiliates and/or
their respective suppliers have been advised of the possibility
of such damages.
If, despite
the limitation above, the getTickets Companies, the getTickets
Affiliates or their respective suppliers are found liable
for any loss or damage which arises out of or in any way connected
with any of the occurrences described above, then the getTickets
Companies, the getTickets Affiliates or their respective suppliers
liabilities will in no event exceed, in the aggregate, the
greater of (a) the transaction fees assessed for your transactions
on this Website, or (b) One-Hundred Dollars (US$100.00).
The limitation
of liability reflects the allocation of risk between the parties.
The limitations specified in this section will survive and
apply even if any limited remedy specified in these terms
is found to have failed of its essential purpose. The limitations
of liability provided in these terms inure to the benefit
of the getTickets Companies, the getTickets Affiliates, and/or
their respective suppliers.
INDEMNIFICATION
You agree
to defend and indemnify the getTickets Companies, the getTickets
Affiliates, and/or their respective suppliers and any of their
officers, directors, employees and agents from and against
any claims, causes of action, demands, recoveries, losses,
damages, fines, penalties or other costs or expenses of any
kind or nature including but not limited to reasonable legal
and accounting fees, brought by third parties as a result
of:
1. your
breach of this Agreement or the documents referenced herein
2. your violation of any law or the rights of a third party;
or
3. your use of this Website.
LINKS
TO THIRD-PARTY SITES
This
Website may contain hyperlinks to websites operated by parties
other than getTickets. Such hyperlinks are provided for your
reference only. We do not control such websites and are not
responsible for their contents or the privacy or other practices
of such websites. Further, it is up to you to take precautions
to ensure that whatever links you select or software you download
(whether from this Website or other websites) is free of such
items as viruses, worms, trojan horses, defects and other
items of a destructive nature. Our inclusion of hyperlinks
to such websites does not imply any endorsement of the material
on such websites or any association with their operators.
SOFTWARE
AVAILABLE ON THIS WEBSITE
Any software
that is made available to download from this Website ('Software')
is the copyrighted work of getTickets, getTickets Affiliates,
and/or our respective suppliers. Your use of such Software
is governed by the terms of the end user license agreement,
if any, which accompanies, or is included with, the Software
('License Agreement'). You may not install or use any Software
that is accompanied by or includes a License Agreement unless
you first agree to the License Agreement terms. For any Software
made available for download on this Website not accompanied
by a License Agreement, we hereby grant to you, the user,
a limited, personal, nontransferable license to use the Software
for viewing and otherwise using this Website in accordance
with these terms and conditions and for no other purpose.
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