Terms and Conditions

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Terms of Service (last revised September 1, 2008)

The following Terms of Service (the "Agreement") governs your ("the User's","yours"or "you") use of the Aerende.com online service (the "Service"), including, without limitation, the creation of travel itineraries therewith, as provided by Aerende, Inc.(the "Service Provider" or "us" or "we"). By accessing or using the Service, you explicitly agree to comply with and be bound by this Agreement and all terms, policies, and guidelines incorporated by reference herein. You can access this Agreement any time at Terms and Conditions . Your use of the Service will constitute your ongoing acceptance of this User Agreement in its most recent version, including any changes and revisions. If you do not agree to any amended terms, you must stop using the Service. This Agreement may be modified from time to time; the date of the most recent revisions will appear on this page. It is your responsibility to regularly check the Site to determine if there have been changes to this User Agreement and to review such changes.

This Agreement does not alter in any way the terms or conditions of any other agreement you may have with Aerende.com or its affiliates for products, services or otherwise. Aerende, Inc. reserves the right to change or modify any of the terms and conditions contained in this Agreement, or any policy or guideline of the Agreement, at any time and in its sole discretion. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Service,

Your failure to abide by this Agreement or any other terms or conditions posted anywhere within the Service may result in suspension or termination of your access to the Service, without notice, in addition to Service Provider's other remedies.

Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and disclose personally identifiable information from its users.

Pricing Terms and Conditions

We are not a booking agent or a travel agency, and do not charge service fees to users of the Service. Please refer to our Pricing Terms and Conditions, accessible via the home page of the Service, for terms, conditions and policies regarding pricing information that may be shown on the Service. The Pricing Terms and Conditions are, by this reference, incorporated into this Agreement.

Registration

1. Registration Information.

Service Provider may require that you create an account ("Register") to use certain portions of the Service, or the Service as a whole. In order to do so, you may be provided, or required to choose, a password, User ID, and/or other registration information (collectively, the "Registration Information"). You represent and warrant that all Registration Information provided by you is and shall remain accurate and up-to-date. If any of your Registration Information changes, you must update it by editing your customer profile on the Service. You accept all risks of unauthorized access to the Registration Information and any other information you provide to us.

2. Maintenance of Registration Information.

If you Register with the Service, you will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize others to use the Service using your Registration Information and you are responsible for all use of the Service using your Registration Information. You may not sub-license, transfer, sell or assign your Registration Information and/or this Agreement to any third party without our prior written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.

If you have reason to believe that your account has been compromised (for example, in the event of a loss, theft or unauthorized disclosure or use of your Registration Information), you must promptly change the affected Registration Information and notify us of the problem by e-mailing us as described on our Contact Us page.

Use of the Service

1. Personal and Lawful Use Only.

Unless otherwise specified, the Service is intended for your personal, noncommercial use only. You agree to use the Service only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.

2. Use by Children.

The Service is not intended for users under the age of 18, and Service Provider does not knowingly collect personally identifiable information from users under the age of 18. Such users are expressly prohibited from submitting their personally identifiable information to us; any information submitted by such users will not knowingly be used, posted, or retained by us.

3. User Conduct.

You agree not to use the Service to upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable. You further agree not to upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

Intellectual Property

1. Use of Material.

The Service contains material that is protected by state, national and international copyright, trademark and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Service. You may download material from the Service and may use the Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

2. Ownership and Control.

The content, organization, graphics, text, images, video, design, compilation, advertising and all other material on the Service, including without limitation, the "look and feel" of the Service, are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the property of Service Provider or its licensors. The copying, rearrangement, redistribution, modification, use or publication, directly or indirectly, of any such matters or any part of the website, including but not limited to the removal or alteration of advertising, except for the limited rights of use granted hereunder, is strictly prohibited.

3. Compliance with Law and Agreement.

You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Service, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement, Service Provider or the Service.

4. Interference.

You agree not to disrupt, overwhelm, attack, modify or interfere with the Service or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Service. You further agree not to alter or tamper with any information or materials on or associated with the Service. Other than connecting to Service Provider's servers by http requests using a Web browser, you may not attempt to gain access to Service Provider's servers by any means - including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise.

5. Linking to Other Sites.

You acknowledge that Service Provider has not reviewed and does not endorse the content of all sites linked to from this Service and is not responsible for the content or actions of any other sites linked to from this Service. You agree to assume all risk resulting from your use of any service or site linked from the Service.

6. Hyperlinks.

You are granted a limited, non-exclusive right to create a text hyperlink to the Service for noncommercial purposes, provided such link does not portray us or any of our products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time.

You may not use the Service logo or our other proprietary graphics to link to the Service without our prior written permission. Further, you may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information, including the images on the Service, the content of any text or the layout/design of any page or form contained on a page on the Service without our prior written consent.

Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right. Nothing contained on the Service may be construed as granting, by implication, estoppel or otherwise, any license or right to use any patent, trademark, copyright or other proprietary right without our prior written permission or that of other party that may own such patent, trademark, copyright or other proprietary right(s).

User Content

You are solely responsible for the photos, profiles (including your name, image, and likeness), reviews, messages, notes, text, and other content that you upload, publish or display (hereinafter, "post") on or through the Service, transmit to or share with other users (collectively the "User Content"), or Submit to us. You may not post, transmit, or share User Content on the Service that you did not create or that you do not have permission to post. You understand and agree that the Service Provider may, but is not obligated to, review the Service and may delete or remove (without notice) any site content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this User Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Service or provide to the Service Provider.

When you post User Content to the Service, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Service. By posting User Content to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to the Service Provider and all other users an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to freely sublicense) to use, copy, modify, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Service or the promotion thereof, and to prepare derivative works of, or incorporate into other works, such User Content. You may remove your User Content from the Service at any time, but you acknowledge that Service Provider may not be able to and has no obligation to restrict any use by any other person, including other users, and the license that you have granted remains in effect.

Rights to User Content

You are solely responsible for the photos, profiles (including your name, image, and likeness), reviews, messages, notes, text, and all other content ("Content") that you post, send to, or distribute ("Submit") on the Service. By Submitting Content to or through the Service, unless we indicate otherwise, you (a) grant us and our affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised; (b) grant us and our affiliates and sublicenses the right to use the name that you submit in connection with such Content, if they choose; and (c) represent and warrant that (i) you own and control all of the rights to the Content that you Submit, or you otherwise have the lawful right to Submit such Content to or through the Service; (ii) such Content, to the best of your knowledge, is accurate and not misleading; and (iii) Submission of such Content does not violate this Agreement and will not violate any rights of or cause injury to any person or entity. You further grant us the right to pursue at law any person or entity that violates your or our rights in the Content by a breach of this Agreement.

Content submitted by users will be considered non-confidential and we are under no obligation to treat such Content as proprietary information. Without limiting the foregoing, we reserve the right to use the Content as we deem appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. We are under no obligation to offer you any payment for Content that you Submit or the opportunity to edit, delete or otherwise modify Content once it has been submitted to us. We shall have no duty to attribute authorship of Content to you, and shall not be obligated to enforce any form of attribution by third parties.

If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by us or our licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release us and our licensees, successors and assigns, from any claims that you could otherwise assert against us by virtue of any such moral rights.

Advertisements and Promotions

We may run advertisements and promotions from third parties on the Service. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Service.

Copyright Complaints

We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Aerede.com website or service any materials that violate another party's intellectual property rights. If you believe that any material on the Service infringes upon any copyright which you own or control, in accordance with the Digital Millennium Copyright Act, you may send a written notification of such infringement to us at:

Aerende.com
ATTN: Legal Department

555 Bryant Street

Palo Alto, CA 94301
Email: support@aerende.com

Indemnification

You agree to indemnify Service Provider and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your submissions, from your unauthorized use of material obtained through the Service, or from your breach of this Agreement, or from any such acts through your use of the Service.

DISCLAIMER OF WARRANTY

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, THE SERVICE, THE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE SERVICE, INFORMATION, CONTENT AND MATERIALS ON THE SERVICE. WE DO NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SERVICE OR THE WEB SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE, THE SITE CONTENT OR ANY PORTION THEREOF.

WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SITE AND THE SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

LIMITATION OF LIABILITY

YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST US, OUR AFFILIATES, OR OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SERVICE, THE WEB SITE, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF SITE CONTENT, OR ALLEGATIONS THAT WE HAVE OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE. YOU USE THE SITE AT YOUR OWN RISK.

WITHOUT LIMITATION OF THE FOREGOING, NEITHER WE NOR ANY PARTIES PROVIDING SITE CONTENT SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY SERVICE CONTENT OR OTHER INFORMATION OBTAINED FROM US OR ACCESSIBLE VIA THE SERVICE, OR THAT RESULT FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO US, FOR ACCESS TO OR USE OF THE SITE.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Termination Or Suspension Of Access To The Service

Service Provider has the right to terminate and/or suspend your ability to access the Service or any portion thereof, for any or no reason, without notice.

Dispute Resolution

1. General Information.

If a dispute arises between you and Service Provider, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Service Provider agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (each, a "Claim") in accordance with one of the subsections below or as Service Provider and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution.

2. Law and Forum for Disputes.

This Agreement will be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Service Provider must be resolved by a court located in Santa Clara County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California for the purpose of litigating all such claims or disputes.

3. Arbitration.

For any claim (excluding claims for injunctive or other equitable relief), Service Provider may elect to resolve the dispute through binding non-appearance-based arbitration. In the event Service Provider elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider and such arbitration shall be conducted in accordance with such provider's rules for non-appearance-based arbitration.

4. Improperly Filed Claims.

All claims you bring against Service Provider must be resolved in accordance with this Dispute Resolution Section. All claims filed or brought contrary to the Dispute Resolution Section shall be considered improperly filed. Should you file a claim contrary to the Dispute Resolution Section, Service Provider may recover attorneys' fees and costs up to $1000, provided that Service Provider has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Severability

If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

Miscellaneous

Aerende, Inc. , is a corporation organized under the laws of California, with its principal place of business at 555 Bryant Street, Palo Alto, California 94301. In our sole discretion, we may assign this Agreement. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.