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| TERMS
OF USE |
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| PLEASE
READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS
Web site. Your use of this Web site signifies your agreement
to these Terms of Use. If you do not agree with them, please
do not use this Web site. AESU reserves the right, at its discretion,
to change, modify, update, add, or remove all or any portion
of these Terms of Use at any time, without notice. Your continued
use of this Web site signifies that you agree to those changes. |
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| This Web
site is owned and operated by AESU, Inc., (AESU). Material on
this Web site is protected by copyrights owned by AESU or other
parties who have consented to their use by AESU. The material
on this Web site may not be copied, reproduced, republished,
uploaded, posted, or transmitted in any way, except that you
may download one copy of the materials on any single computer
for your personal, noncommercial use only. Use of these materials,
including their modification, for any other purpose, may constitute
a violation of patent, copyright, trademark, and/or other intellectual
property laws. |
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| RESPONSIBILITY
OF USER |
| By accessing
the aesu.com Website (“our Website”), you acknowledge
and agree that you have read, understood, and are agreeing to
be bound by, all of the terms and conditions of use, without
modification, of our Website as provided in this Agreement and
that you agree to comply with all applicable laws and regulations,
including U.S. export and re-export control laws and regulations.
If you do not agree to these terms, do not use our Website.
You represent that you are at least 18 years old, or at least
the minimum legal age in the jurisdiction in which you are viewing
or using our Website. Access to this website from countries
or territories where the Content or use of the website are illegal
is strictly prohibited. |
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| THIS AGREEMENT
IS SUBJECT TO THE PRIVACY POLICY FOR OUR WEBSITE, WHICH IS A
PART HEREOF AND IS INCORPORATED HEREIN BY REFERENCE FOR ALL
PURPOSES. EXCEPT AS OTHERWISE EXPRESSLY GUARANTEED HEREIN, OUR
WEBSITE, THE CONTENT, LINKS, INFORMATION, SERVICES, PRODUCTS
AND MATERIALS PROVIDED BY OR THROUGH OUR WEBSITE, INCLUDING
ANY SOFTWARE PROVIDED THROUGH OUR WEBSITE, ARE PROVIDED "AS
IS", WITHOUT ANY WARRANTIES. YOU USE OUR WEBSITE AT YOUR
OWN RISK. WE DO NOT ENDORSE THE VIEWS, OPINIONS, RECOMMENDATIONS,
DESTINATIONS OR TRAVEL SERVICE SUPPLIERS EXPRESSED OR IDENTIFIED
IN THE CONTENT OF OUR WEBSITE. |
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| PERSONAL
AND NONCOMMERCIAL USE LIMITATION |
| You may
use our Website and its Content for your personal, non-commercial
use only. Permission to use our Website terminates automatically
if you breach any of the terms and conditions of this Agreement. |
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| You shall
not use any automatic or manual conduct, device, process, software,
program, algorithm, methodology or routine, including but not
limited to a "robot," "spider" or other
similar process or functionality to interfere or attempt to
interfere with, or impose an unreasonable burden or load on,
the operation of our Website. |
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| COPYRIGHT
TRADEMARK AND INTELLECTUAL PROPERTY NOTICES |
| Unless
otherwise expressly provided, all content, site design, information
and materials, text, graphics, photographs, video and audio
presentations, interfaces, and the selection and arrangement
contained on or downloaded from this site (“Content”)
are: Copyright © 2006, AESU, Inc., all rights reserved. |
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| Software
that is available to use and/or download from our Website ("Software")
is the copyrighted work of AESU, Inc., its affiliates, and/or
their suppliers. The Software is protected by copyright laws
and may be protected by other intellectual property laws, including
patent laws, and international treaty provisions. 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. |
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| LINKS
TO THIRD-PARTY WEBSITES |
| Our
website may contain hypertext links (“links”) to
websites operated by persons or entities other than us (“third
party websites”). WE ARE NOT RESPONSIBLE OR LIABLE FOR
THE CONTENT OR OPERATION OF ANY SUCH THIRD PARTY WEBSITES. A
link from our website to a third party website does not imply
or mean that we endorse the content on that third party website
or the operator or operations of that site. You are solely responsible
for determining the extent to which you use any content at any
third party websites to which you might link from our website. |
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| WE
ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY
SORT INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD PARTY
WEBSITE OR MERCHANT OR OPERATOR OF SUCH A THIRD PARTY WEBSITE.
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| LEGAL
USE LIMITATION; USE OF WEBSITE FOR COMMUNICATIONS |
| Our
website may contain online bulletin boards, or other electronic
communication facilities ("Bulletin Boards"). You
shall not use our Website or the Bulletin Boards for any illegal,
obscene, abusive, offensive, harassing, improper or objectionable
purpose, to sell or offer to sell any goods or services, to
conduct or forward surveys, contests, or chain letters, or for
any purpose that is prohibited by the terms and conditions of
this Agreement. YOU SHALL BE SOLELY LIABLE FOR ANY AND ALL DAMAGES
OR HARM ARISING FROM YOUR USE OF OUR WEBSITE. |
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| You
agree that all bulletin boards are public, not private, communications.
You agree that we and our affiliates do not, and shall not be
considered to, endorse, review, screen, or approve any Bulletin
Board communications. Notwithstanding the preceding limitations,
we reserve the right, and you expressly agree that we have the
right, for any reason whatsoever, to remove without limitation,
information, content, or any other material, from postings and/or
communications in and/or through the Website or a Bulletin Board. |
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| Except
for personal, private information provided to us under our Privacy
Policy, any and all material, information or ideas that you
upload, publish, distribute, post, or disseminate on or through
our Website by any means will be treated as non-confidential
and non-proprietary, and may be used or disseminated by AESU
or its affiliates for any purpose whatsoever, including providing
such material, information, or ideas as Content. |
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| AUTHORIZATION
TO USE AND WARRANTY INFORMATION |
| By
requesting travel services from us, you are authorizing us to
obtain your personal private information and/or to provide your
personally identifiable information to those third parties that
we deem necessary to provide you with the service that you have
requested and to provide the type of information that we deem
is required as an integral part of booking your travel. We take
great care to use only reputable companies to book. |
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| PRIVATE
AND/OR PERSONALLY IDENTIFIABLE IDENTIFICATION INFORMATION OR
FOR ANY FAILURE BY SUCH THIRD PARTIES TO PROTECT THE PRIVACY
OF YOUR INFORMATION. |
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| By requesting
travel services from us, you are certifying that all information
that you provide to us will be accurate, complete and current
and that you are not and have not knowingly provided us with
any false information. |
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| You will
pay all charges incurred by users of your credit card, debit
card, check or other payment method, as well as for use of your
account by others, including, without limitation, minors living
with you, used in connection with a purchase or transaction
with us, at the prices in effect when such charges are incurred.
You shall supervise all usage of our Website by minors under
your name or account. You will pay any applicable taxes, charges,
fees, duties and assessments, if any, relating to any such purchases,
transactions or other monetary transaction interactions arising
out of your use of our Website. |
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| DISCLAIMER
OF WARRANTIES AND LIMITATIONS ON LIABILITY. |
| TO THE
MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, AGENTS
AND LICENSORS HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES,
EXPRESS OR IMPLIED, WITH RESPECT TO OUR WEBSITE AND WITH RESPECT
TO THE CONTENT, LINKS, INFORMATION, SERVICES, PRODUCTS AND MATERIALS
PROVIDED BY OR THROUGH OUR WEBSITE, INCLUDING ANY SOFTWARE PROVIDED
THROUGH OUR WEBSITE, INCLUDING WITHOUT LIMITATION WARRANTIES
AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT,
TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING
FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. |
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| IN NO
EVENT SHALL WE OR ANY OF OUR AFFILIATES, AGENTS OR LICENSORS
BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY, OR FOR
ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY
OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES OF ANY TYPE OR NATURE,
INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PROPERTY DAMAGE
AND WRONGFUL DEATH, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER
CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY,
ARISING OUT OF OR IN CONNECTION, WITH THE USE, INABILITY TO
USE, PERFORMANCE OF, RELIANCE ON, OR ANY DECISION MADE OR ACTION
TAKEN IN RELIANCE ON, OUR WEBSITE, OR THE INFORMATION, CONTENT,
LINKS, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM OR PROVIDED
THROUGH OUR WEBSITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING
ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. |
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| BECAUSE
SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY LASTS, THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE EXCLUSION
OR LIMITATION OF LIABILITY FOR DAMAGES, OR THE EXCLUSION OF
CERTAIN TYPES OF WARRANTIES, PARTS OR ALL OF THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU. |
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| TRAVEL
DESTINATIONS |
| Although
most travel, including travel to international destinations,
is completed without incident, travel to certain destinations
may involve greater risk than others. AESU, INC. 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. |
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| BY OFFERING
FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, AESU,
INC. 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. |
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| LEGITIMATE
TRAVEL PURPOSE |
| The travel
reservations facilities of our Website shall be used only to
make legitimate reservations or purchases for you or for another
person for whom you are legally authorized to act. Overuse or
abuse of the travel services reservation facilities of our website
may result in you being denied access to such facilities. Without
limitation, any speculative, false, or fraudulent reservation
or any reservation in anticipation of demand is prohibited. |
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| LIABILITY
LIMITATIONS REGARDING TRAVEL SUPPLIERS |
| Our website
provides access to travel-related services provided by third
parties (“Travel Service Suppliers”). We do not
control the travel service suppliers or their actions. We are
not responsible for, and you do not hold us responsible or otherwise
liable for, breach of contract or any intentional or negligent
action on the part of travel service suppliers. |
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| Prices
featured in our website are not final until payment has been
received by the travel service supplier selected for travel.
Final payment must be confirmed and validated by us. In addition,
pricing and availability may change without notice. WE ARE NOT
RESPONSIBLE FOR ERRORS OR OMISSIONS THAT MAY OCCUR AS A RESULT
OF THE TRANSFER OF INCORRECT INFORMATION FROM THIRD PARTY TRAVEL
SERVICE SUPPLIERS. |
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| We do
not guarantee, and you do not hold us responsible or otherwise
liable for, any such travel service suppliers’ rates,
bookings, reservations, connections, scheduling, services, security,
facilities or protection of personal belongings. Furthermore,
we assume no responsibility for, and you do not hold us responsible
or otherwise liable for, overbooking, cancellation or delays
for hotels, airlines or cruises. |
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| Separate
terms and conditions may apply to your reservation and purchase
of travel-related goods and services that you select as required
by the travel service suppliers with which you elect to deal.
You agree to, and shall, abide by the terms or conditions of
purchase imposed by any travel service suppliers with whom you
elect to deal, including, but not limited to, payment of all
amounts when due and compliance with all rules and restrictions
regarding availability of fares, products, or services. |
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By embarking
on travel arranged through, or utilizing information contained
on, our Website, you voluntarily assume the risks associated
with such travel. In using our Website, you assume full responsibility
for, agree that we are not responsible for, and hereby release
us from any and all travel requirements, travel precautions,
safety and security measures, sanitation conditions, telecommunications,
facilities, services, and any and all other risks and hazards
that you may encounter in or on your way to or from one of your
chosen destinations.
WE RECOMMEND THE PURCHASE OF TRAVEL INSURANCE FROM A LICENSED
INSURER. |
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| GENERAL |
| We may
change any term in this agreement at any time without notice.
The changes will appear in this agreement; your use of our website
after any such changes have been posted will constitute your
agreement to the Agreement as modified. |
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| We may
discontinue our Website at any time and for any reason, without
notice. We may change the contents, operation, or any and all
other features of our Website at any time for any reason, without
notice. We may discontinue or restrict your use of our Website
at any time for any reason, without notice, at our sole discretion. |
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| This Agreement,
your rights and obligations, our rights and obligations, and
all actions contemplated by this Agreement will be governed
by the laws of the United States of America and the state of
Maryland, including Maryland rules concerning conflicts and
choice of law, as if this Agreement were a contract wholly entered
into and wholly performed within the state of Maryland. You
hereby consent to the exclusive jurisdiction and venue of courts
in the City of Baltimore, Maryland, USA, in all disputes arising
out of or relating to the use of our Website. Use of our Website
is unauthorized in any jurisdiction that does not give effect
to all provisions of these terms and conditions, including,
without limitation, this paragraph. In the event of any legal
action to enforce or interpret the terms of this Agreement,
the prevailing party in such action shall be entitled to recover
attorneys’ fees. |
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| No joint
venture, partnership, employment, or agency relationship exists
between you and us as a result of this Agreement or use of our
Website. |
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| If any
provision in this Agreement is invalid or unenforceable under
applicable law, including, but not limited to, the warranty
disclaimers and liability limitations set forth above, the remaining
provisions will continue in full force and effect, and the invalid
unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of
the original provision. |
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| Our performance
of this Agreement is subject to existing laws and legal process,
and nothing contained in this Agreement is in derogation of
our right to comply with law enforcement requests or requirements. |
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| All rights
not expressly granted herein are hereby reserved. |
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| This Agreement
is the entire and final Agreement regarding our Website and
its Content, and supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral, or written, between
you and us with respect to our Website. 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. |
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