AGREEMENT
BETWEEN CUSTOMER AND GETTICKETS, LLC
Welcome to
the getPortlandOnline.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 getPortlandOnline.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 getPortlandOnline.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 getPortlandOnline.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.
