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Terms of Use n’ Legal Stuff

Before using this Web site, please read the Terms of Use set forth below:

By using this Web site (the "Web site"), you agree to be bound by these Terms of Use (the "Terms of Use"). Great Escape Travel Services, LLC and AirBank-Travel.com and its affiliates and subsidiaries ("we" or such conjugation thereof as the context may require) reserve the right to review and revise the Terms of Use from time to time without prior notice. These Terms of Use may only be amended as provided above, or in writing signed by you and us. Any amended Terms of Use shall become effective ten (10) days after posting on this Web site and, by using this Web site subsequent to any revision of the Terms of Use, you agree to be bound by such changes. If you find the Terms of Use to be unacceptable, you must immediately terminate your use of this Web site.

Use of this Web site and any of the related Services (as defined below) are only available to persons who are 18 years of age or older. If you are under this age, please use this Web site and the related Services only in conjunction with your parents or guardians.

The Services provided on this Web site and the content, information, documents, graphics and images published at this Web site could include inaccuracies, typographical errors or other errors. We will not be responsible or liable for any such inaccuracies or errors in this Web site or the Services. We also make no commitment, however, to update what is contained in this Web site. Furthermore, we reserve the right to temporarily, or permanently, modify, alter, discontinue or delete the same without prior notice.

Users of this Web site should not rely upon opinions expressed on or information contained in this Web site when making business, financial, personal or other decisions. Furthermore, we do not endorse, nor will we be responsible or liable for, the opinions of third parties expressed on this Web site or on linked Web sites.

Consequently, and without limiting the foregoing,

WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THIS WEB SITE OR THE SERVICES FOR ANY PURPOSE. TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND INFORMATION ON THIS WEB SITE ARE PROVIDED "AS IS," AND WITHOUT WARRANTY OR CONDITION, AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARE HEREBY DISCLAIMED, AND YOU HEREBY WAIVE ALL SUCH WARRANTIES. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

We may make certain services available, including without limitation, travel services, destination reviews, community services, reservations and confirmations for travel services, information regarding products and services, facilitating the purchase of products and services, and other services related to the travel industry, provided that you agree to abide by the terms and conditions contained in these Terms of Use. These services, as well as all other services we provide in connection with this Web site, are referred to in these Terms of Use as the "Services." Without limiting the generality of the foregoing, in consideration for our providing this Web site and the Services, when using this Web site or the Services you also agree not to:

   a.   violate any applicable law, regulation or rule, or these Terms of Use;

   b.   harass, offend, threaten, embarrass, stalk, distress or invade the privacy of any individual or entity;

   c.   post, publish, upload, distribute, or transmit any commercial, advertising or promotional materials, including without limitation "spam," chain letters, pyramid schemes, surveys, contests, or mass distributions;

   d.   provide false information on your registration form or information requests, create a false identity, or impersonate another person at any point;

   e.   post, publish, upload, distribute, or transmit defamatory, false, inappropriate, improper, disorderly or excessive messages or information;

   f.   post, publish, upload, distribute, or transmit any material that infringes upon any third party's copyright, trademark, patent or other intellectual property right;

   g.   attempt to gain unauthorized access to any Services, other accounts, or related computer systems or networks through hacking, password mining, or any other means;

   h.   restrict or inhibit any other person or entity from using this Web site or the Services, or use this Web site or the Services in a manner that overburdens or impairs our server or network;

   i.   use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof;

   j.   upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or other property, or damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

   k.   create liability for us or cause us to lose (in whole or in part) the services of our ISP’s or other suppliers; or

   l.   link directly or indirectly to or include any web site or other item that you do not have a right to link to or include.

If you violate such terms, we may, without prior notice and without liability to you, ban you from any and all Services and take any other action we deem appropriate in our sole discretion. We reserve the right to terminate your access to the Web site and/or the Services at any time, without notice, for any reason.

With reference to any Services we provide, you acknowledge that we may, from time to time, without notice to you and at our sole discretion, establish various practices, limitations and restrictions for administering such Services, and you agree to be bound by such practices. You agree that we are not responsible or liable for loss of emails, communications, postings, reservations, data or information as a result of, or arising out of, our administration of such Services.

We assume no responsibility for the accuracy, integrity, quality, completeness, usefulness or value of any content, data, documents, graphics, images, information, advice, or opinion contained in the Web site or related to the Services, including without limitation, any community services or any other public services, and do not endorse any advice or opinion contained therein. We do not monitor or control such services, although we reserve the right to do so. We may take, but we are not required to take, any action we deem appropriate, in our sole discretion, to maintain the high quality of our Services and to protect ourselves and others.

This Web site may contain links to other Web sites that are independent of this Web site. We provide these links solely as a convenience. By clicking on a link, you are leaving this Web site and going to another web site that is not under our control. We make no representation or warranty as to the accuracy, value, integrity, completeness, appropriateness or authenticity of the information or opinions contained in any such linked web site, and any link to another web site shall not in any manner be construed as an endorsement by us of that web site, or of the products or services described therein.

Furthermore, these links may lead to sites or links that contain offensive and objectionable content or which may contain dangerous computer viruses. You assume, and we hereby disclaim, all responsibility for any of the content on these sites or for any damage sustained by users of these sites.

Furthermore, some links may advertise and/or present offers to sell or buy products and/or services. We are not involved in any such advertisements, offers or transactions between you and any other party advertising or offering to sell or buy products or services. Nor are we acting as your agent or any other party's agent. We cannot ensure that any purchase or sale of goods or services will actually be completed. It is your responsibility to determine whether the purchase or sale of any such products or services is authorized by law, statute, or regulation. Further, because we are not involved in any transactions between you and any other party advertising or offering to sell or buy products or services online, we cannot and will not be involved in resolving any disputes relating to any completed or uncompleted transaction for the purchase or sale of advertised or offered products and services.

You must be at least 18 years of age to offer to buy, offer to sell, or to buy or sell, any products or services in any way related to the Web site or the Services.

In particular, and without limiting the generality of the foregoing, we facilitate travel services through a third-party web site. As a result, all travel services facilitated by our Web site are subject to the provisions in this Section 3, as well as all other provisions of these Terms of Use.

YOU HEREBY AGREE TO RELEASE US, OUR AGENTS, EMPLOYEES, CONSULTANTS, OFFICERS AND DIRECTORS FROM ALL CLAIMS, DEMANDS AND DAMAGES, WHETHER ACTUAL OR CONSEQUENTIAL, OF EVERY KIND, WHETHER KNOWN OR UNKNOWN, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR RELATING TO ANY AND ALL ADVERTISEMENTS, OFFERS, TRANSACTIONS, OR ANY OTHER USE OF OTHER WEB SITES AND RELATED SERVICES LINKED TO THIS WEB SITE.

Always use caution when giving out any personally identifiable information about yourself or your children while using this Web site or any of the Services. We cannot guarantee your confidential use of this Web site or the Services. We shall not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect to your use of this Web site or the Services. We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion. See our Privacy Statement for additional information regarding our use and handling of personally identifiable information. The Privacy Statement is incorporated by reference as a part of these Terms of Use. If there is any conflict between the Privacy Statement and the other provisions of these Terms of Use, the other provisions of these Terms of Use govern and control collection, use and disclosure of your personally identifiable information.

If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You may also have a user name and password. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all conduct carried out under your password and account, whether such conduct is carried out with or without your knowledge. We are not responsible or liable for any loss of confidentiality or for any damages arising from your failure to comply with these terms. However, you could be held liable for losses incurred by us or another party due to someone else using your account or password.

You will promptly report any unauthorized use of your password. You may not use anyone else's account at any time without the permission of the account holder.

Additional information regarding security of personally identifiable information is available in our Privacy Statement.

IN NO EVENT WILL WE, OUR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS (COLLECTIVELY, THE "INDEMNITEES") BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTIAL, SPECIAL OR OTHER INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION, COST OF COVER) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE WEB SITE, OR USE OR PERFORMANCE OF ANY SERVICES, OR ANY CONTENT OR OTHER MATERIALS PROVIDED OR AVAILABLE HEREUNDER, OR USE OF ANY OTHER LINKS OR LINKED WEB SITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE ON OUR PART OR ON THE PART OF ANY OTHER PARTY), STRICT LIABILITY OR OTHER LEGAL BASIS. THE TERM "DAMAGES" INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, AND ANY DAMAGES RELATED TO BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA. YOU ACKNOWLEDGE THAT THE ECONOMIC TERMS OF OUR AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR US TO PROVIDE THE SERVICES, WEB SITE AND OTHER CONTENT AND MATERIALS.

Except as provided in the next paragraph, all right, title and interest (including all copyrights, trademarks and other intellectual property rights) to all content, information, documents, graphics and images contained in this Web site and related to the Services belong to us or our licensors. In addition, the names, images and other matter identifying our products and services are our proprietary marks.

Others may post information on this Web site from time to time with our permission. Such information may include, without limitation, listings and other information related to accommodations, visitor services, shopping, attractions and similar activities, dining and entertainment, and tours and transportation and other travel related services. Such information is not our property, and we are not responsible or liable for it in any respect. Persons or entities posting such information hereby: (a) warrant that they are the owner of such information, or have the right to lawfully use it in the manner utilized in connection with the Web site and/or the Services; (b) warrant that such information does not infringe any valid copyrights, trademarks and other intellectual property rights; and (c) hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) license to display, duplicate, publish, reproduce and use such information in any media now known or not currently known in connection with this Web site and the Services in a manner consistent with these Terms of Use and the permission we have granted them.

YOU SPECIFICALLY AGREE THAT WE ACT AS A PASSIVE CONDUIT FOR ONLINE DISTRIBUTION AND PUBLICATION OF INFORMATION PROVIDED BY ANY THIRD PARTY, AND WE ARE NOT RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEB SITE BY ANY THIRD PARTY. YOU SPECIFICALLY AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.

Except in the case of Listings posted by Suppliers and Advertisers, this Web site and the Services are for your personal and non-commercial use. Nothing contained in this Web site or the Services shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, under any of our intellectual property rights, or under any third party's intellectual property rights, and no part of this Web site or the Services may be reproduced, republished, copied, transmitted, modified, altered or distributed in any form or by any means, or be used to create any derivative works.

We respect the intellectual property of others and may, in appropriate circumstances and at our discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that any material on this Web site or used in connection with the Services infringes on any copyright, trademark or patent that you own or control, or that any link on this Web site directs you to another Web site that contains material that infringes on any copyright, trademark or patent that you own or control, you may notify AirBank-Travel.com by providing its copyright agent the information required by the Digital Millennium Copyright Act, 17 U.S.C § 512.

AirBank-Travel.com's agent for notice of claims of copyright infringement on or regarding this Web site can be reached as follows by US mail:

AirBank-Travel.com
P.O.Box 227
Alton Bay, NH 03810 US

Or by fax:
775-402-7863

YOU AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY US, OUR SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, PARTNERS AND AFFILIATES, SUCCESSORS AND ASSIGNS FROM AND AGAINST ALL ACTIONS, SUITS, PENALTIES, DAMAGES, LIABILITIES, CLAIMS, DEMANDS AND EXPENSES, INCLUDING REASONABLE COSTS AND ATTORNEYS' FEES THROUGH ANY APPEAL, THAT ARE DUE TO, OR THAT ARISE FROM YOUR USE OR MISUSE OF THIS WEB SITE, ANY OF THE SERVICES, OR FOR INFRINGEMENT BY YOU OR OTHERS OF INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF ANY THIRD PARTY. WE MAY ASSUME EXCLUSIVE CONTROL OF ANY DEFENSE OR ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU AGREE TO COOPERATE WITH US IN SUCH EVENT.

THESE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW HAMPSHIRE, USA, AS THEY APPLY TO AGREEMENTS MADE AND SOLELY PERFORMED THEREIN BY RESIDENTS THEREOF. TO THE EXTENT THAT WE HAVE THE RIGHT TO BRING ANY ACTION IN COURT UNDER SECTION 17, BELOW, YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN CONCORD, NEW HAMPSHIRE, USA, AND ALL OTHER COURTS, WHEREVER LOCATED, WHERE WE DETERMINE AN ACTION IS NECESSARY TO ENFORCE OUR RIGHTS UNDER THESE TERMS OF USE.

We do not represent that all content, materials and services on our Web site are appropriate or available for use in all geographic locations, especially some locations outside the United States, and accessing such from certain locations may be illegal and prohibited. Those who do access content, materials and information in the Web site and the Services from such locations act on their own initiative and we are not responsible for their compliance with local laws or other applicable laws. You will not access this Web site or utilize the Services in any location where the same are prohibited by law. Nothing in this Web site or the Services shall be construed to mean that we are engaged in any business in any jurisdiction in which we are not properly licensed to do so.

These Terms of Use incorporate by reference any notices contained on this Web site and constitute the entire agreement with respect to your access to and use of this Web site and the Services. We may modify these Terms of Use at any time by posting revised Terms of Use on our Web site and your continuing use of such Web site and the Services constitutes your agreement to be bound by such modified Terms of Use. Any provision of these Terms of Use which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from these Terms of Use in that jurisdiction without in any way invalidating the remaining provisions of these Terms of Use. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction. Unless otherwise provided by applicable law, any action or arbitration arising out of or in connection with these Terms of Use or your use of the Web site or the Services must be commenced within one (1) year after the cause of action arose, or it will be permanently barred.

Great Escape Travel Services, LLC

Any rights not expressly granted herein are reserved.

If you are a California resident, you agree to waive rights under California Civil Code Section 1542, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

The terms, conditions, covenants, indemnifications, releases, waivers, and all other provisions of these Terms of Use shall survive the termination or expiration of these Terms of Use, the Web site, and/or the Services.

Excluding legal action taken by us at our option to obtain an injunction or other equitable relief to prevent the improper appropriation, disclosure, or other misuse of our intellectual property rights, the Services, and/or the Web site, the exclusive method for resolving any controversy, dispute or claim arising from or related to these Terms of Use, the Web site, and/or the Services, including the construction and scope of these Terms of Use, shall be by arbitration in accordance with the Commercial Arbitration rules and regulations of the American Arbitration Association ("Association") then in effect. Any such controversy, dispute or claim shall be arbitrated on an individual basis, and shall not be consolidated with any arbitration regarding any claim, dispute or controversy of any other party. Judgment upon any arbitration may be entered in any court having competent jurisdiction thereof, and shall be binding, final and non-appealable. The Arbitrator(s) shall have the power to award any and all remedies and relief whatsoever that is deemed appropriate under the circumstances, including, but not limited to, money damages and injunctive relief. This arbitration provision shall be deemed to be self-executing and shall remain in full force and effect after the expiration or termination of these Terms of Use. In the event any party fails to appear at any arbitration proceeding, an award may be entered against such party by default or otherwise notwithstanding said failure to appear. The parties hereby consent to arbitration to be held in Concord, State of New Hampshire U.S.A., and irrevocably agree that all actions or proceedings relating to these Terms of Use shall take place in the City of Concord, and waive any objections that they may have based on improper venue or forum non conveniens. The Arbitrator’s fees in connection with any such arbitration proceeding shall be shared equally among the parties hereto.

All notices or other communications required or permitted to be given to us under these Terms of Use shall be in writing and shall be sent by registered or certified mail, postage prepaid, return receipt requested, or sent by an overnight express courier service that provides written confirmation of delivery, to us at Great Escape Travel Services, LLC. P.O.Box 227, Alton Bay, NH 03810, USA. Attention: Jeanne Crouse. All notices or other communications required or permitted to be given to you under these Terms of Use shall be to the email address that you provide to us. Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may provide you with notice or communication by registered or certified mail, postage prepaid, return receipt requested, or sent by an overnight express courier service that provides written confirmation of delivery. In the case of any communication by mail or courier, delivery shall be deemed to have occurred upon receipt of such communication by the recipient thereof.

In the event any litigation, arbitration, mediation, or other proceeding (collectively, "Proceeding") is initiated by any party against any other party to enforce, interpret or otherwise obtain arbitral, judicial or quasi-judicial relief in connection with these Terms of Use, the prevailing party in such Proceeding shall be entitled to recover from the unsuccessful party all reasonably incurred costs, expenses, and attorney's fees relating to or arising out of (a) such Proceeding (whether or not such Proceeding proceeds to award or judgment), and (b) any post-judgment or post-award Proceeding, including, without limitation, one to enforce any judgment or award resulting from any such Proceeding. Nothing in this Section 19 shall be construed to negate or limit the obligation to arbitrate claims and disputes under Section 17, above.

Notes from the Flight Desk
While flying extensively a while ago, my expense accounts averaged $92,000 per year! Boy, did I learn a few things about how "buying power" could manipulate pricing and the value of a good travel agent... more