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