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Website Terms of Use

Last updated on NOVEMBER 2, 2006

PLEASE READ THESE TERMS OF USE CAREFULLY;  THIS IS A BINDING CONTRACT.  The JOHN HICKS' GOING PLACES, INC. website (the "Website") is a service offered by JOHN HICKS' GOING PLACES, INC. ("GOING PLACES").  These Terms of Use describe the terms and conditions applicable to your access and use of the Website.  GOING PLACES may amend these Terms of Use at any time by posting the amended Terms of Use on our Website, and users are deemed to be apprised of and bound by any changes to the Terms of Use.  GOING PLACES may make changes in the services described in the Website at any time.  You understand that GOING PLACES may discontinue or restrict your use of the Website for any reason without notice. 

ABOUT THE INFORMATION ON THIS SITE.  The content available on the Website is intended to be a general information resource and is provided solely on an “AS IS” and “AS AVAILABLE” basis.  You are encouraged to confirm the information contained herein with GOING PLACES directly.  You should not construe GOING PLACES's publication of the content on the Website as a warranty or guarantee of the quality or availability of any travel package, plans, or advice. 

USE OF MATERIALS ON THIS SITE.  GOING PLACES invites you to view, use and download a single copy of the Website for your informational, non-commercial use.  While you may make limited copies of your travel itinerary (and related documents) for travel or services available on the Website, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, content, or services obtained from the Website.  You also agree not to:

(i)      access, monitor or copy any content or information located on the Website using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of GOING PLACES; or

(ii)     violate the restrictions in any robot exclusion headers on the Website or bypass or circumvent other measures employed to prevent or limit access to the Website.

LINKS TO THIS SITE AND USE OF MARKS.  The Website may contain links to websites operated by other parties, including websites that give users the ability to purchase or "book" travel arrangements (a service not offered by GOING PLACES).  GOING PLACES provides these links to other websites as a convenience, and use of these sites is at your own risk.  The linked sites are not under the control of GOING PLACES, and GOING PLACES is not responsible for the content available on the other sites.  Such links do not imply GOING PLACES’s endorsement of information or material on any other site and GOING PLACES disclaims all liability with regard to your access to and use of such linked Websites. 

Unless otherwise set forth in a written agreement between you and GOING PLACES, you must adhere to GOING PLACES’s linking policy as follows:  (i) any link to GOING PLACES’s Website must be a text only link clearly marked “GOING PLACES Website,” (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with GOING PLACES’s names and trademarks, (iii) the link must “point” to the URL WWW.GOINGPLACESINC.COM and not to other pages within the GOING PLACES Website, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with GOING PLACES, (v) when selected by a user, the link must display the GOING PLACES Website on full-screen and not within a “frame” on the linking Website, and (vi) GOING PLACES reserves the right to revoke its consent to the link at any time and in its sole discretion.

TRADEMARKS.  JOHN HICKS' GOING PLACES, INC. AND LOGO are trademark(s)/service mark(s) of GOING PLACES.  Unauthorized use of any GOING PLACES trademark, service mark or logo may be a violation of federal and state trademark laws.

TRAVEL DESTINATIONS.  Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. GOING PLACES 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.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.

ENSEMBLE TRAVEL.  This Website is designed and administered in part by Ensemble Travel, a not-for-profit, member-owned consortium. 

BY OFFERING TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, NEITHER GOING PLACES NOR ENSEMBLE TRAVEL REPRESENTS OR WARRANTS THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND NEITHER GOING PLACES NOR ENSEMBLE TRAVEL IS LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

DISCLAIMERS AND LIMITATION OF LIABILITY.  ALL CONTENT ON THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  NEITHER GOING PLACES NOR ENSEMBLE TRAVEL MAKES ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE.  YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT.  USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK.

NEITHER GOING PLACES NOR ENSEMBLE TRAVEL MAKES ANY REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.  YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOING PLACES AND ENSEMBLE TRAVEL DISCLAIM ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, EVEN IF GOING PLACES AND/OR ENSEMBLE TRAVEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

COPYRIGHT. The Website is protected by U.S. and foreign copyright laws.  Except for your informational, personal, non-commercial use as authorized above, you may not modify, reproduce or distribute the content, design or layout of the Website, or individual sections of the content, design or layout of the Website or GOING PLACES logos without GOING PLACES’s express written permission.

LOCATION. The GOING PLACES Website is operated by GOING PLACES from its offices in the United States.  GOING PLACES makes no representation that the information in the Website is appropriate or available for use in other locations.  Access to the GOING PLACES Website from territories where the content of the GOING PLACES Website may be illegal is prohibited.  Those who choose to access the GOING PLACES Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

PRIVACY POLICY.  By agreeing to these terms, you agree that GOING PLACES may use your information as described in our Privacy Policy.

EMAIL.  E-mail submissions over the Internet may not be secure.  Please do not email GOING PLACES any personal or confidential information.

EMPLOYMENT OPPORTUNITIES.  GOING PLACES is committed to the principles of equal employment opportunity.  Applicants are considered for all positions without regard to race, sex, color, religion, national origin, age, disability (so long as such disability can be reasonably accommodated) or any other status protected by applicable law.

ARBITRATION.  Any controversy or claim arising out of or relating to your use of the Website or GOING PLACES’s services shall be settled by binding arbitration in BALTIMORE, MD in accordance with the commercial arbitration rules of the American Arbitration Association.  Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.  Either you or GOING PLACES may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or property of you or GOING PLACES pending the completion of arbitration.

CHOICE OF LAW. Any claims relating to the information or services available on the Website will be governed by the laws of MARYLAND, excluding the application of its conflicts of law rules.  If any provision of these Terms of Use are held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. 

MISCELLANEOUS. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.  GOING PLACES’s failure to act with respect to any failure by you or others to comply with these Terms of Use does not waive GOING PLACES’s right to act with respect to subsequent or similar failures.  These Terms of Use set forth the entire understanding and agreement between you and GOING PLACES with respect to the subject matter hereof.  Notwithstanding the foregoing, if you desire to use certain additional services available on the Website, supplemental terms and conditions may apply.

VIOLATIONS AND ADDITIONAL POLICIES.  GOING PLACES reserves the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth on the Website, including the right to block access from a particular Internet address to the Website. 

Copyright © 2004 JOHN HICKS' GOING PLACES, INC.  All rights reserved.