Website Usage Agreement
This Web site is operated by International Gay and Lesbian Travel Association, Inc. (“IGLTA”). a Florida not for profit corporation, with offices located at 1201 NE 26th Street, Suite 103, Wilton Manors, FL 33305, USA.
By accessing the IGLTA.ORG, IGLTA.COM, GLBT.TRAVEL Web site ("IGLTA Web Site"), 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 IGLTA Web Site 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 IGLTA Web Site. 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 IGLTA Web Site. Access to IGLTA Web Site from countries or territories where the Content or use of the IGLTA Web Site is illegal is strictly prohibited.
EXCEPT AS OTHERWISE EXPRESSLY GUARANTEED HEREIN, IGLTA WEB SITE, THE CONTENT, LINKS, INFORMATION, SERVICES, PRODUCTS AND MATERIALS PROVIDED BY OR THROUGH IGLTA WEB SITE, INCLUDING ANY SOFTWARE PROVIDED THROUGH IGLTA WEB SITE, ARE PROVIDED "AS IS", WITHOUT ANY WARRANTIES. YOU USE IGLTA WEB SITE AT YOUR OWN RISK. IGLTA DOES NOT ENDORSE THE VIEWS, OPINIONS, RECOMMENDATIONS, DESTINATIONS OR TRAVEL SERVICE SUPPLIERS OR OTHER THIRD PARTIES EXPRESSED OR IDENTIFIED IN THE CONTENT OF IGLTA WEB SITE.
TRADEMARK, COPYRIGHT AND INTELLECTUAL PROPERTY NOTICES
Other trademarks and service marks used on IGLTA Web Site are the property of their respective owners.
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 protected by copyright laws, all rights reserved.
Software that is available to use and/or download from IGLTA Web Site ("Software") is the copyrighted work of IGLTA, 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.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
You may use IGLTA Web Site and its Content for the uses listed on and contemplated by the IGLTA Web Site only. Permission to use IGLTA Web Site terminates automatically if you breach any of the terms and conditions of this Agreement.
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 IGLTA Web site.
THIRD PARTY WEB SITES
IGLTA Web Site may contain hypertext links (“links”) to websites operated by persons or entities other than IGLTA (“third party websites”). IGLTA IS NOT RESPONSIBLE OR LIABLE FOR THE CONTENT OR OPERATION OF ANY SUCH THIRD PARTY WEB SITES. A link from IGLTA Web Site to a third party website does not imply or mean that IGLTA endorses the content on that third party web site 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 web sites to which you might link from IGLTA Web Site.
IGLTA IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD PARTY WEB SITE OR MERCHANT OR OPERATOR OF SUCH A THIRD PARTY WEB SITE.
AUTHORIZATION TO USE, AND WARRANTY OF, INFORMATION
By subscribing to IGLTA’s membership services or submitting a membership application to IGLTA, you are authorizing IGLTA to obtain your personal private information and/or to provide your personally identifiable information to those third parties that IGLTA deems necessary to provide you with the membership service that you have requested and to provide the type of information that we deem is required as an integral part of providing you with information. IGLTA takes great care to use only reputable companies to assist it with membership services. IGLTA will not sell, rent, or trade your personal private information or personally identifiable information to any third parties for their marketing, solicitation or sales purposes. HOWEVER, IGLTA IS NOT LIABLE FOR THE MANNER IN WHICH SUCH THIRD PARTIES HANDLE YOUR PERSONAL PRIVATE AND/OR PERSONALLY IDENTIFIABLE IDENTIFICATION INFORMATION OR FOR ANY FAILURE BY SUCH THIRD PARTIES TO PROTECT THE PRIVACY OF YOUR INFORMATION.
By requesting membership 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.
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 IGLTA Web Site 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 IGLTA Web Site.
LEGAL USE LIMITATION; USE OF WEB SITE FOR COMMUNICATIONS
IGLTA Web Site may contain online bulletin boards, or other electronic communication facilities ("Bulletin Boards"). You shall not use IGLTA Web Site or the Bulletin Boards for any illegal, obscene, abusive, offensive, harassing, fraudulent, 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 IGLTA WEB SITE. You agree to indemnify IGLTA to the extent consistent with applicable law, for any costs or damages incurred by IGLTA as a result of your misuse of the IGLTA Web Site and breach of this Agreement.
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 IGLTA Web Site or a Bulletin Board.
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 IGLTA WEB SITE AND WITH RESPECT TO THE CONTENT, LINKS, INFORMATION, SERVICES, PRODUCTS AND MATERIALS PROVIDED BY OR THROUGH IGLTA WEB SITE, INCLUDING ANY SOFTWARE PROVIDED THROUGH IGLTA WEB SITE, INCLUDING WITHOUT LIMITATION WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, NONINFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
IN NO EVENT SHALL IGLTA 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, IGLTA WEB SITE, OR THE INFORMATION, CONTENT, LINKS, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM OR PROVIDED THROUGH IGLTA WEB SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
IGLTA’S MAXIMUM LIABILITY TO A USER OF IGLTA WEB SITE SHALL BE THE AMOUNT OF MEMBERSHIP FEES OR OTHER FEES PAID BY THE USER.
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.
LIMITATION OF LIABILITY REGARDING TRAVEL SUPPLIERS
IGLTA Web Site provides access to travel-related services and information provided by third parties ("Travel Service Suppliers"). IGLTA does not control the Travel Service Suppliers or their actions. IGLTA is not responsible for, and you do not hold IGLTA responsible or otherwise liable for, breach of contract or any intentional or negligent action on the part of Travel Service Suppliers. IGLTA IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS THAT MAY OCCUR AS A RESULT OF THE TRANSFER OF INCORRECT INFORMATION FROM TRAVEL SERVICE SUPPLIERS.
IGLTA does not guarantee, and you do not hold IGLTA responsible or otherwise liable for, any such Travel Service Suppliers' representations, services, rates, bookings, reservations, connections, scheduling, security, facilities or protection of personal belongings. Furthermore, IGLTA assumes no responsibility for, and you do not hold IGLTA responsible or otherwise liable for, any travel related services including but not limited to, fraud, misrepresentation, overbooking, cancellation or delays for lodging, airlines or cruises.
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.
By embarking on travel arranged through third party vendors contained on, or utilizing information contained on, IGLTA Web Site, you voluntarily assume the risks associated with such travel. In using IGLTA Web Site, you assume full responsibility for, agree that IGLTA is not responsible for, and hereby release IGLTA from any and all travel-related conditions, services, and any and all other risks and hazards that you may encounter in connection with any travel that you may undertake.
MISCELLANEOUS LEGAL PROVISIONS
IGLTA may change any term in this agreement at any time without notice. The changes will appear in this agreement; your use of IGLTA Web Site after any such changes have been posted will constitute your agreement to the Agreement as modified.
IGLTA may discontinue IGLTA Web Site at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of IGLTA Web Site at any time for any reason, without notice. We may discontinue or restrict your use of IGLTA Web Site at any time for any reason, without notice, at our sole discretion.
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 Florida, including Florida rules concerning conflicts and choice of law, as if this Agreement were a contract wholly entered into and wholly performed within the State of Florida. You hereby consent to the exclusive jurisdiction and venue of courts in Broward County, Florida, USA, in all disputes arising out of or relating to the use of IGLTA Web Site. Use of IGLTA 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. 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.
No joint venture, partnership, employment, or agency relationship exists between you and IGLTA as a result of this Agreement or use of IGLTA Web Site.
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.
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.
All rights not expressly granted herein are hereby reserved.
This Agreement is the entire and final Agreement regarding IGLTA Web Site and its Content, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to IGLTA 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.