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Terms and Conditions

 

 

 


PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS WEB SITE. IF, AT ANY TIME, YOU DO NOT WISH TO ACCEPT THE TERMS AND CONDITIONS, YOU MAY NOT USE THE WEB SITE.

 

By continuing to access or use this Web site, or any service on this Web site, you signify your acceptance of these terms and conditions. Stevens Travel Management (“STM”) reserves the right to amend, remove, or add to these terms and conditions at any time. Such modifications shall be effective immediately. Please continue to review these terms and conditions whenever accessing or using this Web site. Your use of the Web site, or any service on this Web site, after the posting of modifications to these terms and conditions of service will constitute your acceptance of the terms and conditions, as modified. These terms and conditions, together with such posted modifications, are referred to hereinafter as the “Terms”. Any terms and conditions proposed by you which are in addition to or which conflict with the Terms are expressly rejected by STM and shall be of no force or effect.

 

1. Ownership. This Web site, including but not limited to text, content, photographs, video, audio and graphics and functionality available through the Web site (the "Service"), is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service. You acknowledge that the Service has been developed, compiled, prepared, revised, selected, and arranged by STM through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property and trade secrets (in some cases) of STM. You agree to protect the proprietary rights of STM and all others having rights in the Service during and after the term of this agreement and to comply with all reasonable written requests made by STM or its suppliers of content, equipment, or otherwise ("Suppliers") to protect their and others' contractual, statutory, and common law rights in the Service. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the "Intellectual Property Rights") shall, as between you and STM, at all times be and remain the sole and exclusive property of STM. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to STM for STM's exclusive use. Except as specifically permitted by the Terms, you may not copy or make any use of the Service or any portion thereof. Except as specifically permitted by the Terms, you shall not use STM's Intellectual Property Rights or the Service, or any variations or derivatives thereof, for any purpose, without STM's prior written approval.

 

2. Your Use of the Service. You may only use the Service if you are of sufficient legal age and can enter into binding contracts. You are responsible for maintaining the secrecy of your passwords, login and account information. You will be financially accountable for all uses of the Service by you and anyone using your password and login information (with or without your permission). If the computer system on which you accessed the Service is sold or transferred to another party, you are solely responsible for deleting all cookies and software files relating to use of the Service.

 

3. Privacy Policy. Your use of the Service is subject to STM's Privacy Policy. You have read STM's privacy policy and it is reasonable and acceptable to you. Your acceptance of these Terms is also your consent to the information practices in STM's privacy policy.

 

4. Restrictions on Use. You may not use the Service for any illegal purpose or in any manner inconsistent with the Terms. You agree to use the Service solely for your own use and benefit, and not for resale or other transfer or disposition to any other person or entity.

You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, or in any way exploit any part of the Service, except that you may make one print copy for your own personal use, provided that you retain all copyright and other proprietary notices. The Service and the information contained therein may not be used to construct a database of any kind.

You may only use the reservations and purchasing functionality of the Service to make legitimate reservations or purchases. You may not use the Service to make any false, fraudulent or speculative reservation or any reservation in anticipation of demand.

You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service. You may not take any action that imposes a burden or load on the infrastructure of STM that STM deems in its sole discretion to be unreasonable or disproportionate to the benefits that STM obtains from your use of the Service.

You may not use the Service or the information contained therein in unsolicited mailings or spam transmission. You may not use any trademarks, trade names, or service marks of STM or its affiliates in unsolicited mailings or spam material. You may not spam or send unsolicited mailings to any person or entity using the Service.

You may not use the Service to post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.

You may not mirror the Web site, bring up or present the content available on the Web site within another Web site, or otherwise frame the Web site, without the prior written permission of STM. You may not deep-link to any portion of this Web site (including but not limited to the purchase path for any products or services) for any purpose without the prior written permission of STM.

 

5. The User Account. As part of accessing and using the Service, you will select a username and a password for registration with STM and creation of an account with STM. You will provide STM with certain registration information, all of which must be accurate, truthful, and updated. You may not: (i) select a username already used by another person; (ii) use a username in which another person has rights without such person's authorization; or (iii) use a username or password that STM, in its sole discretion, deems offensive or inappropriate. STM reserves the right to deny creation of your account based on STM's inability to verify the authenticity of your registration information. STM reserves the right to terminate your account, in its sole discretion, at any time without notice. Notwithstanding anything else herein, STM reserves the right to pursue any and all claims against any user of your account. You agree to maintain only one account with the Service at any time and you certify that you currently have no other account(s) with the Service.

 

6. License. You acquire no rights or licenses in or to the Service and materials contained within the Service other than the limited right to utilize the Service in accordance with the Terms. If you submit material to this Web site or to STM or STM's representative, you grant STM, its affiliates, and representatives a nonexclusive, royalty-free, perpetual, irrevocable, sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display such material throughout the world in any form, media, or technology now known or hereafter developed. You also permit any other user to access, store, or reproduce such material for that user's personal use. You grant STM and STM's affiliates, representatives, and sublicensees the right to use the name that you submit in connection with such content. You acknowledge that you are responsible for the material that you submit, and that you, and not STM, will have full responsibility for such material, including its legality, reliability, appropriateness, originality and copyright.

 

7. Third Party Sites. The Service includes links to other web sites and resources ("Third Party Sites"). STM has no control over Third Party Sites. You agree that STM is not responsible for the availability of Third Party Sites, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from Third Party Sites. You also agree that STM shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Third Party Site or resource. Third Party Sites may have their own terms and conditions, including privacy policies, over which STM has no control and which will govern your rights and obligations with respect to the use of those Third Party Sites.

 

8. Providers of Products and Services. The third parties offering products and services that are available through the Service (“Providers”) are independent contractors and are not agents or employees of STM or its affiliates. STM's display of products and services is not intended to be and shall not be deemed to be an endorsement or recommendation by STM of such products or services or their providers. Your relations with any provider of any product or service accessed through the Service is at your own risk, and STM shall have no liability with respect to such provider's acts, omissions, errors, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting from any of the foregoing. Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this Web site, and you agree to abide by such other terms and conditions, including but not limited to rules and/or tariffs applicable to airline service. Failure to comply with rules and/or tariffs applicable to airline service may result in ticket cancellation, denied boarding, revocation of frequent flier miles, additional charges to the purchaser's credit card, and collection of additional charges at the airport.

 

9. Disclaimer. YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE SERVICE AND ANYTHING CONTAINED WITHIN THE SERVICE, INCLUDING, BUT NOT LIMITED TO, CONTENT, SERVICES, GOODS, OR ADVERTISEMENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND THAT STM MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, ACCURACY, COMPLETENESS OR FITNESS FOR A PARTICULAR PURPOSE OR USE.

 

10. Limitation of Liability and Damages. STM, ITS AFFILIATES, THE SUPPLIERS AND THE PROVIDERS (TOGETHER WITH THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES) SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF ANY OF THEM HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE, (II) ANY FAILURE OR DELAY (INCLUDING BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS WEB SITE FOR RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE OR NON-PERFORMANCE BY STM, ANY SUPPLIER OR ANY PROVDER. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of any record. If, despite the limitation above, STM, any Supplier and/or any Provider is found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described in the limitation above, then the aggregate amount of such liability shall not exceed, in total, the sum of US$100.00. Some states do not allow the limitation of liability, so the limitations above may not apply to you.

 

11. Injunctive Relief. You acknowledge that a violation or attempted violation of any of the Terms will cause irreparable harm to STM, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. You agree that STM shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, your affiliates, partners, or agents, and to recover from you any and all costs and expenses sustained or incurred by STM in obtaining such an injunction, including but not limited to reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.

 

12. Indemnification. You shall defend and indemnify STM, its affiliates, the Providers, the Suppliers and all of their respective officers, directors, employees and agents from and against any claim, cause of action or demand, including but not limited to reasonable legal and accounting fees, brought by you or on your behalf in excess of the liability described in these Terms or by third parties as a result of your use of the Service.

 

13. Export Compliance. STM does not represent that the Service or any component thereof is appropriate or available for use in any particular location. Those who choose to access the Service are responsible for compliance with all applicable laws.

 

14. General.

The Terms shall be governed and construed in accordance with the laws of the United States and the State of New York , without giving effect to any conflicts-of-law principles. You agree to submit to the personal jurisdiction of the state and federal courts located in New York County in the State of New York with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the Terms.

If STM or its affiliates take any action to enforce the Terms, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.

The headings used in these Terms are included for convenience only and will not limit or otherwise affect the terms and conditions herein.

If any provision of the Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the Terms will remain in force.

You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

The Terms, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except as expressly provided pursuant to the Terms.  

If you have any questions or concerns regarding our Terms or if you need further assistance with respect to access to or use of the Site you can send us an email at help@stevenstravel.com .

 

Mailing address:

Attn. Web Related Issues

Stevens Travel Management

55 Broad Street , 17 th Floor

New York , NY 10004-2501

 

 

 
 
         
   
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