PromoMap LLC Web Site Terms, Conditions, and Notices

TERMS AND CONDITIONS

PromoMap LLC Web Site Terms, Conditions, and Notices
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AGREEMENT BETWEEN CUSTOMER AND PROMOMAP
This Web site is offered to you, the customer, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Web site constitutes your agreement to all such terms, conditions, and notices.

PERSONAL AND NONCOMMERCIAL USE LIMITATION
This Web site is for your personal use. The content and information on this Web site (Including, without limitation, price and availability of services), as well as the infrastructure used to provide such content and information, is proprietary to PromoMap LLC or its suppliers and providers. Accordingly, as a condition of using this Web site, you agree not to use this Web site or its contents or information for any non-personal purpose (direct or indirect). You are allowed to one copy of your PromoMap(s) (and related documents) or services purchased through this Web site, 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, software, products, or services obtained from this Web site. In addition, whether or not you have a commercial purpose, you agree not to:

(i) Access, monitor or copy any content or information of this Web site using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of PromoMap LLC;
(ii) Violate the restrictions in any robot exclusion headers on this Web site or bypass or circumvent other measures employed to prevent or limit access to this Web site;
(iii) Take any action that imposes, or may impose, in the discretion of PromoMap, an unreasonable or disproportionately large load on the PromoMap infrastructure; or
(iv) Deep-link to any portion of this Web site (including, without limitation, the purchase path for any travel services) for any purpose without express written permission of PromoMap LLC.

COPYRIGHT AND TRADEMARK NOTICES
All contents of this Web site are: ©2009 PromoMap LLC, 1220 N. Market Street, Wilmington, DE 19801 USA. All rights reserved. PromoMap, PromoMap.com and PromoMap Logo are either registered trademarks or trademarks of PromoMap LLC and/or their owners. Other products and company names mentioned herein may be the trademarks of their respective owners.

LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, PROMOMAP, ITS AFFILIATES, SUPPLIERS AND THE COMPANIES ADVERTISING IN PROMOMAP DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE INFORMATION, OFFERS, PORMOTIONS, PRODUCTS AND SERVICES DISPLAYED ON THIS WEBSITE OR ANY OF IT’S WRITTEN MATERIALS (INCLUDING, WITHOUT LIMITATION, INFORMATION, PHOTOGRAPHS, LIST OF HOTELS, AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. PROMOTIONS AND OFFERS DISPLAYED ON THIS WEBSITE ARE TOTAL RESPONSIBILITY OF THE BRANDS AND ESTABLISHMENTS MAKING THE OFFERS. PROMOMAP LLC AND ITS AFFILIATES DO NOT GUARANTEE THE ACCURACY OF THE OFFERINGS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PROMOMAP LLC, ITS AFFILIATES AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEB SITE AT ANY TIME.

PROMOMAP LLC, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEB SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY PROMOMAP LLC OR ITS AFFILIATES.. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. PROMOMAP LLC, ITS AFFILIATES, AND/OR 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, BRANDS, ESTABLISHMENTS AND OTHER SUPLIERS PROVIDING TRAVEL OR OTHER SERVICES FOR PROMOMAP LLC ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF PROMOMAP LLC OR ITS AFFILIATES. PROMOMAP LLC AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIEIS, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. PROMOMAP LLC AND ITS 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 PROMOMAP LLC, ITS 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, THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF PROMOMAP LLC, ITS AFFILIATES, AND/OR THEIR RESPECTIVE 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.

INDEMNIFICATION
You agree to defend and indemnify PromoMap LLC, its 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

(i) You or on your behalf in excess of the liability described above; or
(ii) By third parties as a result of
(a) Your breach of these Web Site Terms, Conditions and Notices or the documents referenced herein;
(b) Your violation of any law or the rights of a third party; or
(c) Your use of this Web site.

UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Web site, you warrant that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

You shall perform your postings and/or contributions to PromoMap’s Web site in accordance with workmanlike and ethical standards and at no time will you try to mislead others or conduct yourself (including in written answers) in a way that could potentially be damaging to PromoMap, it’s reputation, or it's staff, affiliates or clients. Notwithstanding the foregoing, you shall make your best faith to comply with all of PromoMap’s policies, philosophies, standards, guidelines, and procedures in effect, and shall comply with the highest ethical and business practices and procedures in the performance of all activities while making any kind of posting or contribution to this Web site. Any acts to the contrary will result in immediate termination of your participation in our Web site and may result in severe civil and criminal penalties.
PromoMap reserves the right to include text, information or images in which a reference, relation or content is made to: illegal activities; defamation or ridiculing content or that which discriminates or attacks any individual, or group base on age, race, nationality, origin, religion, sex, handicap or any other; material with content or object of pornography, obscene or sexually explicit material for kids or containing anything vulgar, obscene, sexually explicit or pornographic; referring to fire arms and weapons, ammunition, violence, obscene language or for soliciting money and which tends to or deteriorates the image of PromoMap, it’s managers, representatives, agents, affiliates and/or clients at PromoMap’s discretion.
Any writing, invention, process, creative mark or other work which you may make or conceive of, either alone or with others, at any time within a posting or contribution to our Web site, shall be the sole property of PromoMap LLC and you shall have no rights in nor claims thereto (including but not limited to, rights or claims accruing under the copyright, trademark, or patent laws of any country). You hereby grant PromoMap LLC an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any content provided by you.
PromoMap LLC has the right to change or terminate this terms and conditions and any or all services rendered by this Web site at any time, without notice.

LINKS TO THIRD-PARTY SITES
This Web site may contain hyperlinks to Web sites operated by parties other than PromoMap LLC Such hyperlinks are provided for your reference only. PromoMap LLC does not control such Web sites and is not responsible for their contents or your use of them. PromoMap LLC's inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.

SOFTWARE AVAILABLE ON THIS WEB SITE
Any software that is made available to download from this Web site ("Software") is the copyrighted work of PromoMap LLC, its affiliates, and/or their suppliers. Your use of the 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 not accompanied by a License Agreement, PromoMap LLC hereby grants to you, the user, a personal, nontransferable license to use the Software for viewing and otherwise using this Web site in accordance with these terms and conditions and for no other purpose.

Please note that all Software, including, without limitation, all PDF files, HTML code and Active X controls contained on this Web site, is owned by PromoMap LLC, its affiliates, and/or their suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTEED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

You acknowledge that the Software and any accompanying documentation and/or technical information are subject to applicable export control laws and regulations of the USA. You agree not to export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

TERMS, CONDITIONS AND WARRANTIES
Taxes
PromoMap LLC will charge the applicable taxes if any.

Printing, Shipping and Handling Service Fee
These fees cover the costs incurred by PromoMap LLC for printing, fulfilling and shipping your PromoMap(s) through USA or Canada Postal Service and will take from 10 to 15 days delivery after purchase. PromoMap LLC and its affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any suppliers that fail to deliver the PromoMaps.

Coupons
You acknowledge and accept that the coupons which are part of the PromoMaps may vary depending on the negotiations that PromoMap LLC, its affiliates, and/or their suppliers undertake in each of the territories, that PromoMap LLC, its affiliates, and/or suppliers are not responsible for changes and restrictions in the promotions offered by the establishments, products or services and that the material used to print PromoMaps may vary according to PromoMap LLC needs.

Long Distance Cards
You acknowledge and accept that once you have downloaded or asked for the PromoMap(s) to be delivered, the phone cards and/or PIN numbers are activated and they can not be refunded except for those phone cards that are defective, provided that the long distance minutes on the cards have not been used and if that is the case, they will not be refunded. You acknowledge and accept that in the event that the phone cards and/or PIN numbers are stolen or lost, PromoMap LLC, its affiliates, and/or their suppliers is not obligated to refund any purchase nor shall the phone cards that were lost or stolen be cancelled.

Recommendations and Coupons
Although most places, establishments, products and services in PromoMap are completed without incident, some may involve greater risk than others. PromoMap LLC urges travelers to review all prohibitions, warnings, announcements and advisories issued by any private or government agency before going or using them. Information on conditions in various countries and places 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.

BY OFFERING RECOMMENDATIONS TO PARTICULAR PLACES, ESTABLISHMENTS, PRODUCTS AND SERVICES, PROMOMAP LLC DOES NOT REPRESENT OR WARRANT THAT GOING TO SUCH POINTS OR USING THOSE PRODUCTS OR SERVICES IS WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES, LOSSES OR DEATH THAT MAY RESULT FROM THEM.

SERVICE HELP
contact@promomap.com for help with questions or problems with this Web site.

MODIFICATION OF THESE TERMS AND CONDITIONS
PromoMap LLC reserves the right to change the terms, conditions, and notices under which this Web site is offered and you agree to accept and be bound by those terms, conditions, and notices that are in effect at the time of your use of PromoMap’s Web site and facilities.

GENERAL
This agreement is governed by the laws of the State of Texas, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Houston, Texas, USA, in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and PromoMap LLC as a result of this agreement or use of this Web site.

PromoMap LLC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of PromoMap LLC's right to comply with law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by PromoMap LLC 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 agreement shall continue in effect.

This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between the customer and PromoMap LLC with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and PromoMap LLC with respect to this Web site. 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.

Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event.

Any rights not expressly granted herein are reserved.

USE OF PROMOMAP.COM
The PromoMap.com feature of this Web site is provided solely to assist customers in determining the travel-related goods and services available and to make legitimate business transactions, and for no other purposes. You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use this Web site in accordance with all terms and conditions herein. You agree to be financially responsible for all of your use of this Web site (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 Web site by minors under your name or account. You also warrant that all information supplied by you or members of your household in using this Web site is true and accurate. Without limitation, any speculative, false, or fraudulent transaction is prohibited. You agree that the products and services of this Web site shall be used only to make legitimate purchases for you or for another person for whom you are legally authorized to act. You understand that overuse or abuse of the products and services offered in this Web site may result in you being denied access to such facilities.

Separate terms and conditions will apply to your purchase of the goods and services that you select. You agree to abide by the terms and/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 the supplier's rules and restrictions regarding availability and use of fares, products, or services. You understand that any violation of any such supplier’s conditions of purchase may result in cancellation of your purchase, in your being denied access to any facility, in your forfeiting any monies paid for purchase, and in PromoMap debiting your account for any costs PromoMap incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Web site.

CURRENCY CONVERTER
Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the Currency Converter for the day that currency was last updated. The information supplied by this application is believed to be accurate, but PromoMap LLC, its affiliates, and/or their suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, PromoMap LLC advises the customer to consult a qualified professional to verify the accuracy of the currency rates. PromoMap LLC, its affiliates, and/or their suppliers do not authorize the use of this information for any purpose other than personal use and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes.