Disclaimer
PLEASE READ THESE TERMS AND CONDITIONS OF USE ("Terms")
CAREFULLY BEFORE USING The Tahiti Traveler (the "Site")
By using the Site, you signify your binding agreement to these Terms.
The Tahiti Traveler and its affiliates (collectively, "The
Tahiti Traveler") reserve the right, at our discretion, to
change, modify, add, or remove portions or all of these Terms at
any time. Please check these Terms periodically for changes. Your
continued use of the Site following the posting of changes to these
Terms (including the Site's Privacy Policy) constitutes your binding
acceptance of those changes.
THE SITE
You may use the Site to make legitimate reservations or purchases,
but you cannot use the Site to make any speculative, false or fraudulent
reservation, any reservation in anticipation of demand, or for any
purpose that is deemed unlawful or prohibited by these Terms.
Please note that The Tahiti Traveler may change any
or all of the content on the Site, including, but not limited to,
products, programs, and/or services described in or offered through
the Site, without notice and without liability to The Tahiti Traveler.
COPYRIGHT & LICENSES
All materials and content on the Site, including, but not limited
to, images, illustrations, text, audio clips, and video clips, are
protected by or consist of copyrights, trademarks, service marks,
and/or other intellectual property rights ("Intellectual Property").
The Intellectual Property is governed and protected by United States,
French Polynesia and worldwide copyright, trademark and/or other
intellectual property laws and treaty provisions, privacy and publicity
laws, and communications regulations and statutes. The Intellectual
Property is owned or controlled by The Tahiti Traveler or other
parties that have licensed to The Tahiti Traveler the right to use
their Intellectual Property or the right to market their products
and/or services (collectively the "IP Providers").
The Tahiti Traveler is a trademark of The Tahiti Traveler,
Inc. Except as explicitly set forth on the Site, the Intellectual
Property is provided solely for your personal, non-commercial use.
You agree to abide by all additional copyright notices, information
or restrictions contained in any material or content on the Site
or any linked site. You may download any Intellectual Property contained
on the Site, solely for your personal, non-commercial use, consistent
with these Terms, provided that you maintain all copyright and other
notices contained in such Intellectual Property. You may not copy,
reproduce, republish, upload, post, transmit, distribute, and/or
exploit any Intellectual Property on the Site in any way (including
by e-mail or other electronic means) without the prior written consent
of The Tahiti Traveler or the IP Providers. Modification of any
Intellectual Property or use of any Intellectual Property for any
other purpose is a violation of the copyrights, trademark rights,
and other proprietary rights. The use of any Intellectual Property
on any other website or networked computer environment or maintaining
unauthorized links to the Site is prohibited by these Terms.
All software, applications, and modules (collectively,
"software") used on the Site are proprietary to The Tahiti
Traveler or licensed to The Tahiti Traveler by other parties ("Software
Providers", together with IP Providers, the "Providers").
You may not reproduce, reverse engineer, create derivative works
of, reverse assemble or reverse compile, sell, lease, distribute,
rent, assign, transfer, or modify any software on the Site.
INFORMATION SENT FROM USERS
Content you send to The Tahiti Traveler, as between you and The
Tahiti Traveler, whether via e-mail, forms, messages, ideas, and/or
suggestions, becomes the sole property of The Tahiti Traveler and
is transmitted at your sole risk. The Tahiti Traveler will assume
no liability for interception of such transmissions. The Tahiti
Traveler will respond to customer service questions and may also
provide promotional information via e-mail in accordance with the
Site's Privacy Policy. You hereby represent and warrant that you
own or have the right to submit the foregoing to The Tahiti Traveler.
You are strictly prohibited from uploading any material
that contains any virus, worm, "trojan horse," time bomb
or similar contaminating or destructive feature. Violators may be
prosecuted to the maximum extent of the law.
RESPONSIBILITY
You are responsible for maintaining the confidentiality of your
account information and your password. You agree to accept responsibility
for all activities that occur under your account or password. By
using the Site, you represent that you are of sufficient legal age
to use the Site and to create binding legal obligations for any
liability you may incur as a result of the use of the Site. You
understand that you are financially responsible for all uses of
the Site by you and those using your account information and password.
If you should lose your password or become aware that an unauthorized
person may have access to your password, please contact Customer
Service immediately.
The Site may contain links to sites that are not maintained
by The Tahiti Traveler. While The Tahiti Traveler makes every effort
to include links to only those sites that are in good taste and
safe for our visitors, The Tahiti Traveler does not regularly review
materials posted at such sites. These links are provided solely
as a convenience to you and The Tahiti Traveler does not necessarily
endorse all of the materials appearing on such sites, The Tahiti
Traveler shall not be responsible for the content on such sites,
and The Tahiti Traveler makes no representation regarding the content
or accuracy of the content and cannot guarantee that such sites
will not change without The Tahiti Traveler's knowledge. If you
decide to access linked any third party sites, you do so at your
own risk.
PRIVACY
You have read the Site's Privacy Policy, the terms of which are
incorporated herein, and agree to such terms.
DISCLAIMER OF WARRANTIES
THE SERVICES AND MATERIALS IN THE SITE ARE PROVIDED "AS IS"
AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO
THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, The Tahiti
Traveler AND ITS PROVIDERS DISCLAIM (1) ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE TO
ANY OF THE SERVICES AND MATERIALS PROVIDED ON THE SITE; (2) ALL
WARRANTIES THAT THE FUNCTIONS CONTAINED IN THE SERVICES AND MATERIALS
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS; (3) ALL WARRANTIES, AND
DO NOT MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS
OF THE USE OF THE SERVICES AND MATERIALS IN THE SITE IN TERMS OF
THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE.
YOU (AND NOT The Tahiti Traveler OR ITS PROVIDERS) ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE
LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT The Tahiti Traveler'S
FLIGHTTRACKER IS NOT GUARANTEED, SPONSORED, WARRANTED OR ENDORSED
BY THE FAA.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL The Tahiti Traveler OR ANY PROVIDERS OR DISTRIBUTORS BE LIABLE
FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT
OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING
IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES,
VIDEO, AUDIO OR OTHER INFORMATION FORM THE SITE. IN NO EVENT SHALL
The Tahiti Traveler OR ANY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR
ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, PUNITIVE, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT
NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT,
TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISE OUT OF OR ARE IN
ANY WAY CONNECTED WITH THE USE, OR THE INABILITY TO USE, THE SITE
OR THE SERVICES OR MATERIALS IN THE SITE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY
OF The Tahiti Traveler OR ANY PROVIDERS EXCEED THE TOTAL CHARGES
SET FORTH IN THE ITINERARY GIVING RISE TO SUCH LIABILITY. APPLICABLE
LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU. YOUR USE OF THE SITE SHALL BE AT YOUR OWN RISK.
INTERNATIONAL USE
The Tahiti Traveler makes no representation that materials or services
available on the Site are appropriate or available for use in locations
outside French Polynesia, and accessing them from territories where
their contents are illegal is prohibited. Those who choose to access
the Site from other locations do so on their own initiative and
are responsible for compliance with local laws.
TERMINATION
The Tahiti Traveler reserves the right, in its sole discretion,
and without liability, to terminate your access to all or part of
the Site, with or without notice, for any reason or no reason.
INDEMNIFICATION
You shall defend and indemnify The Tahiti Traveler and any Providers
and their officers, directors, employees, and agents from and against
any claim, cause of action or demand, including without limitation
reasonable legal and accounting fees, brought by or on your behalf
in excess of the liability described herein or by third parties
as a result of your use of the Site.
ADDITIONAL TERMS AND CONDITIONS OF PURCHASE; The Tahiti
Traveler FEES AND POLICIES
Additional terms and conditions may apply to reservations, purchases
of goods and services or requests to purchase, use of software,
and other uses of portions of the Site, and you agree to abide by
all other applicable terms and conditions, including, but not limited
to, paying all amounts owed on a timely basis and complying with
all rules and restrictions regarding availability of fares, products,
programs or services and use of software. You are responsible to
read any fare or rate rules that apply to your purchase and agree
to be entirely responsible for all charges, fees, penalties, duties,
taxes and assessments that result from your use of the Site. If
the fare or rate rules are not available or you don't understand
them, contact The Tahiti Traveler Customer Service.
All fare listings are informational only are subject
to change without notice;
OTHER
These Terms shall be governed by and construed in accordance with
the laws of the Court of Papeete – French Polynesia, without giving
effect to any principles of conflicts of law. You agree that any
action at law or in equity arising out of or relating to these Terms
shall be filed only in the Court of Papeete – French Polynesia and
you hereby consent and submit to the personal jurisdiction of such
courts for the purposes of litigating any such action. If any provision
of these Terms shall be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from these Terms and
shall not affect the validity and enforceability of any remaining
provisions.
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