Introduction\Acceptance of Terms
Please read the following information carefully before accessing our Web site.
BY ENTERING THE SITE AND/OR MAKING A RESERVATION YOU ARE INDICATING YOUR AGREEMENT
TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF SERVICE (“TERMS AND
CONDITIONS”) AND AS SUCH TERMS AND CONDITIONS MAY BE MODIFIED FROM TIME
TO TIME. If you do not agree with all of the provisions of these Terms and Conditions,
please do not enter or use the Site. The Terms and Conditions are intended for
your safety and ease of use. If you encounter another user who is not abiding
by these Terms and Conditions, please contact us. The “Site” consists
of the Web site and related properties of Travel Planners, Inc. linked to this
Web site. In addition, when using particular services on the Site or provided
by Travel Planners, Inc., you and Travel Planners, Inc. shall be subject to any
posted guidelines or rules applicable to such services which may be posted from
time to time.
Trademark Information
America’s #1 Housing is a trademark of Travel Planners, Inc. registered
in the U.S. and other countries. Other Travel Planners, Inc. products or service
names or logos referenced in the Travel Planners, Inc. Site are either trademarks
or registered trademarks of Travel Planners, Inc.. The absence of a product or
service name or logo from this list does not constitute a waiver of Travel Planners
Inc.’s trademark or other intellectual property rights concerning the name
or logo. All other products and company names mentioned in the Travel Planners
Inc.’s Site may be trademarks of their respective owners. Use of any of
such trademarks for commercial purposes without the prior written consent of
Travel Planners, Inc. may constitute trademark infringement and unfair competition
in violation of federal and state laws. Use of any other Travel Planners, Inc.
trademarks in commerce may be prohibited by law except by express license from
Travel Planners, Inc.
Ownership of Materials
The information contained in this Site is copyrighted and may not be distributed,
modified, reproduced in whole or in part without the prior written permission
of Travel Planners, Inc.. The images from this Site may not be reproduced in
any form without the prior advance written consent of Travel Planners, Inc..
The Site is owned and operated by Travel Planners, Inc.. and contains material
(the “Content”) which is derived in whole or in part from Travel
Planners, Inc. and other sources and is protected by international copyright
and other intellectual property laws. Under no circumstances may the Content
be modified, reproduced, recorded, displayed, performed, published or distributed,
either in whole or in part, nor may derivative works be made therefrom. Use,
reproduction, copying or redistributing of the Travel Planners, Inc. trademarks
is strictly prohibited unless consented to in writing by Travel Planners, Inc..
All rights not otherwise granted are strictly reserved.
Registration Information
In consideration of your use of the Site, you agree to provide true, accurate,
current and complete information concerning the reservations that you make. After
making your reservation, you may receive reservation confirmations or be contacted
about a reservation at the e-mail, fax or mailing address that you provide to
us. You may also receive occasional Travel Planners, Inc. communications (“Communications”),
about our service offerings for the event(s) that you make reservations for.
If in the future you no longer desire to receive Communications, you may e-mail
our webmaster requesting that you not be contacted in the future.
Customer Submissions
Travel Planners, Inc. appreciates hearing from its customers. By submitting content,
creative ideas, inventions, suggestions, comments or materials, posting messages,
uploading files, inputting data and registration information or engaging in any
other form of communication on the Site or through services on the Site (“Customer
Submissions”), you agree that said materials will automatically become
the property of Travel Planners, Inc. without compensation to you and Travel
Planners, Inc.. can use the material for any purpose and in any way.
Member Conduct
The Site may include bulletin boards and chat rooms (Bulletin Boards”)
which allow feedback to Travel Planners, Inc. and interaction between users of
the Site or Travel Planners, Inc. products. Travel Planners, Inc. does not control
and has no obligation to monitor the messages, information or files delivered
to Bulletin Boards or any similar area of the site. As a condition of our use
of the Site, including, without limitation, the use of Bulletin Boards, you may
not:
a) Restrict or inhibit any other user from using and enjoying the Bulletin
Boards or the Site;
b) Post, e-mail, upload or transmit on the Bulletin Boards or the Site any
unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic,
profane or indecent information of any kind, including without limitation any
transmissions constituting or encouraging conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate any local, state,
national or international law;
c) Post, e-mail, upload or transmit any information, software or other material
which (i) violates or infringes upon the rights of others, including material
which is an invasion of privacy or publicity rights or which is protected by
copyright, trademark or other proprietary right, or derivative works with respect
thereto, without first obtaining permission from the owner or right holder; or
(ii) contains a virus or other harmful component;
d) Post, e-mail, upload or transmit any unsolicited or unauthorized advertising,
promotional material, “junk mail,” “spam,” “chain
letters,” “pyramid schemes,” or any other form of solicitation
except as specifically permitted in writing by Travel Planners, Inc.;
e) Impersonate any person or entity, including but not limited to, a Travel
Planners, Inc. employee, or falsely state or otherwise misrepresent your affiliation
with a person or entity;
f) Stalk or otherwise harass any other person;
g) Collect or store personal data about other users; or
h) Post, e-mail, upload or transmit or in any way exploit any information,
software or other material for commercial purposes, or which contains advertising.
Travel Planners, Inc. reserves the right at all times to disclose any information
as necessary to satisfy any law, regulation or governmental request, or to refuse
to post or to remove any information or materials, in whole or in part, that
in Travel Planners, Inc.’s sole discretion are objectionable or in violation
of these Terms and Conditions.
Privacy
By accessing this Site, you consent to the collection and use of information
by Travel Planners, Inc. pursuant to the guidelines set forth in our Privacy
Policy. If Travel Planners, Inc. revises its privacy policy, we will post
the changes on the Site so that you are aware of what information the Site collects,
how it is used, and under what circumstances it is disclosed.
Third-Party Sites
In this site, Travel Planners, Inc. may provide links to Web sites owned and
operated by others which Travel Planners, Inc. believes will be of interest to
Site visitors. In addition, links to this Site may be provided from other sites
(with or without Travel Planners, Inc.’s knowledge). Travel Planners, Inc.
is not responsible for and exerts no control over any Web site that is linked
to or from this Site and, as a result, Travel Planners, Inc. disclaims any and
all responsibility or liability arising from or related to such third party Web
sites. That this Site is linked to or from another Web site, does not imply that
Travel Planners, Inc. sponsors, licenses, endorses, is affiliated with or is
otherwise connected with the Web site, the products or services described or
provided therein or the entities that own and operate such Web sites.
No Warranties
TRAVEL PLANNERS, INC. INTENDS FOR THE INFORMATION AND DATA CONTAINED IN THE TRAVEL
PLANNERS, INC. WEBSITE TO BE ACCURATE AND RELIABLE. HOWEVER, SINCE THE INFORMATION
AND DATA HAVE BEEN COMPILED BY TRAVEL PLANNERS, INC. FROM A VARIETY OF SOURCES,
IT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, TRAVEL PLANNERS, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY OF THE MATERIALS OR
INFORMATION IN THE SITE. TRAVEL PLANNERS, INC. MAKES NO WARRANTY OF ANY KIND
THAT THE RATES AND HOTELS LISTED WILL BE AVAILABLE AT THE TIME YOU MAKE YOUR
RESERVATION. TRAVEL PLANNERS, INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE SITE OR IN
THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY
OR OTHERWISE. TRAVEL PLANNERS, INC. MAKES NO WARRANTY REGARDING ANY GOODS OR
SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR THE NEWSLETTERS OR ANY TRANSACTIONS
ENTERED INTO, DIRECTLY OR INDIRECTLY, THROUGH THE SITE OR THE NEWSLETTERS. PRICE
AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
TRAVEL PLANNERS, INC. AND/OR ITS AGENTS ACT ONLY IN THE CAPACITY AS AGENTS
FOR YOU IN ALL MATTERS PERTAINING TO HOTEL ACCOMMODATIONS. TRAVEL PLANNERS, INC.
IS NOT RESPONSIBLE FOR ANY DAMAGE, EXPENSE, INJURY OR INCONVENIENCE TO ANY PERSON
OR PROPERTY CAUSED BY LATE ARRIVALS, DEPARTURES OR CHANGE OF SCHEDULE FROM ANY
CAUSE WHATSOEVER. BAGGAGE HANDLING THROUGHOUT IS ENTIRELY AT YOUR RISK. YOU AGREE
THAT TRAVEL PLANNERS, INC. SHALL NOT BE HELD RESPONSIBLE IN THE EVENT OF ANY
ERRORS OR OMISSIONS IN ANY PROMOTIONAL MATERIALS.
TRAVEL PLANNERS, INC. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT THE SITE, INCLUDING BULLETIN BOARDS, OR THE SERVER THAT
MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND
AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SITE OR THE NEWSLETTERS IS AT YOUR OWN DISCRETION AND RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRAVEL
PLANNERS OR THROUGH OR FROM THE SITE, BULLETIN BOARDS OR NEWSLETTERS SHALL CREATE
ANY WARRANTY.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TRAVEL
PLANNERS, INC. OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY
TO USE (i) THE SITE OR THE MATERIALS OR INFORMATION IN THE SITE AND/OR (ii) ANY
GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR THE NEWSLETTERS.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT TRAVEL PLANNERS, INC. IS NOT LIABLE
FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED
WITH ANY CONTENT ON THIS SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS OR THE
MATERIALS OR INFORMATION IN THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE SITE AND THE MATERIALS AND INFORMATION IN THE SITE.
Indemnity
You agree to indemnify and hold Travel Planners, Inc. and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys’ fees, made by any
third party due to or arising out of content you submit, post to, upload or transmit
through the Site, your use of the Site, Bulletin Boards and Newsletters, your
connection to the Site and Newsletters, your violation of the Terms and Conditions,
or your violations of the rights of any person or entity.
Termination
This agreement is effective until terminated by Travel Planners, Inc. at any
time with or without notice. In the event of termination, you are no longer authorized
to access the Newsletters or the Site, including, without limitation, Bulletin
Boards, and the restrictions imposed on you with respect to material downloaded
from the Newsletters and the Site, the disclaimers, indemnities and limitations
of liabilities set forth in this agreement, shall survive.
Modification of Terms and Conditions
Upon notice published on this Site, or such other notice as may be given, Travel
Planners, Inc. may amend or modify these Terms and Conditions, or impose new
conditions on use, at any time. Your use of this service after such notice, shall
be deemed to constitute acceptance of the new Terms and Conditions.
Modification of Site
Travel Planners, Inc. reserves the right to modify the Site, modify or remove
the Materials contained therein or made available thereon (including the Travel
Planners, Inc. products) and modify the policies and legal terms and conditions
that govern the use of the Site at any time without warning. We encourage you
to review the Site and its policies and legal terms and conditions periodically
for updates or changes. By continuing to access or use this Site you shall be
deemed to have agreed to any such updates or changes.
Other
This agreement constitutes the entire agreement between Travel Planners, Inc.
and you with respect to the subject matter contained in this agreement and supersedes
all previous and contemporaneous agreements, proposals, and communications, written
and oral. This agreement shall be governed by and construed in accordance with
the laws of the State of New York without giving effect to any principles or
conflicts of law. Any dispute involving or relating to these legal Terms and
Conditions shall be subject to the jurisdiction of the appropriate state or federal
court located in the State of New York in New York County. If any provision of
this agreement shall be 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. The section titles
are for convenience only and have no legal or contractual effect.
If you have any questions or concerns regarding any aspect of Travel Planners
Inc.’s Terms and Conditions, please e-mail them to webmaster@tphousing.com.
If you prefer, call our customer service department at 1-800-221-3531. Outside
the U.S., call (212) 532-1660. You may also write to Travel Planners, Inc. at
381 Park Avenue South, New York, NY 10016.