Terms of Use

TERMS OF USE

Effective November 1, 2007

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

THE SITE

This THORtravelservices.com Web site (“Site”) is made available for your use by THOR, Inc. (“THOR,” “we,” “us,” “our”) subject to, and conditional on, these terms of use (“Terms”) and any changes to these Terms which we may publish from time to time. By using the Site, you agree to, and are bound by, these Terms.

CHANGES TO TERMS

We reserve the right, in our sole discretion, to amend and alter these Terms from time to time and in such manner as we, in our sole discretion, think fit. By continuing to access, use or browse the Site in any way, you agree to, and are bound by, any changes to these Terms. Your use of the Site shall be subject to the most current version of these Terms. Please check these Terms periodically for changes and to review the then current version of these Terms.

CONTENT

We reserve the right, in our sole discretion, to change any or all content on the Site from time to time and in such manner as we, in our sole discretion, think fit, including, but not limited to, products, programs, or services described on or offered through the Site, without notice and without liability.

We reserve the right, in our sole discretion, to delete or remove any content from the Site, and to restrict, suspend, or terminate your access to all or part of the Site, at any time, or any reason or no reason, without prior notice from, or liability to, us.

AVAILABILITY

Although we endeavour to provide constant, uninterrupted access to the Site, we cannot and do not guarantee this. From time to time, access to the Site may not be available due to outages for any or no reason, such as scheduled maintenance or upgrades or events beyond our control.

HARDWARE AND SOFTWARE REQUIREMENTS

We accept no responsibility or liability for any changes, or the obligation to notify you of any changes, to the hardware and software requirements that are likely to have an impact on your ability to receive, access, display, store, and print information that we may provide to you on the Site.

PRODUCT AND/OR SERVICE DESCRIPTION

You may use this Site for legitimate purposes only, as more fully described on this Site, if you are a travel agent, hotelier, preferred supplier or other THOR member or subscriber. The grant of rights to use the Site’s Intellectual Property (as defined below) is only for the following purpose(s): To receive information about, access resources related to and/or otherwise participate in a THOR program for travel agency, hotelier, preferred supplier, or other members, subscribers or customers of THOR, or for any other purpose expressly set forth by THOR on this Site, but you cannot use this Site for any purpose that is deemed unlawful or prohibited by these Terms.

You agree to abide by all copyright notices, information, or restrictions contained in any information, Intellectual Property, Software and/or products and services on this Site. You may access and use any Intellectual Property consistent with these Terms, provided that you maintain all copyright and other notices contained in such Intellectual Property; access and use of any Intellectual Property not expressly permitted hereunder is prohibited. Modification of any Intellectual Property or use of any Intellectual Property for any other purpose is a violation of the copyrights, trademark rights, and other proprietary rights.

USE

The Site is for your internal business use only. Except as expressly permitted by these Terms, you may not:

(i)

modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site;

(ii)

modify or remove any copyright, trademark or other proprietary notices contained on the Site;

(iii)

disrupt or interfere with any other party's enjoyment of the Site;

(iv)

upload, post, or otherwise transmit through the Site any viruses, worms, "trojan horse", time bombs, or other harmful, contaminating, disruptive or destructive files;

(v)

publish, distribute, e-mail, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate through the Site;

(vi)

use the Site to disparage, defame, abuse, harass, stalk, threaten or otherwise offend THOR or any other party;

(vii)

use the Site to violate the security of any system, network, or service, including:

(a)	unauthorised access to or use of data, including any attempt to circumvent user authentication or security of any host, network, or account such as by hacking, cracking, port scans, or flood pings;
(b)	unauthorised monitoring of data or traffic;
(c)	interfering with the service to any user, host, system or network; and
(d)	conducting denial of service attacks,

(viii)

disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any content, servers or networks connected to or accessible through the Site or any affiliated or Third Party Sites (as defined below);

(ix)

use any "robot", "spider" or other automatic device, software, program, algorithm, routine, methodology, or any manual process or functionality:

(a)	that interferes or attempts to interfere with the normal operation of the Site; or
(b)	to monitor, assemble, analyse, index, copy, transmit, distribute, transfer, or link to any of the pages, data, materials, or content available on the Site,

(x)

attempt to gain unauthorised access to the Site or any networks connected to the Site, whether through hacking, password mining or any other means;

(xi)

obtain, or attempt to obtain, any materials or information through any means not intentionally made available through the Site;

(xii)

perform any action that is deemed by us to impose a burden or unreasonable load on our servers, networks, or other computer equipment;

(xiii)

use the Site for any unlawful purpose or in any manner that is prohibited by these Terms; or

(xiv)

assign, convey, subcontract, delete or transfer any rights, duties or obligations under these Terms.

We reserve the right, in our sole discretion, at all times to monitor, retain or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

INTELLECTUAL PROPERTY

The Site, and all materials and content on the Site, including without limitation, trademarks, logos, service marks, designs, images, illustrations, text, audio clips, video clips, displayed on the Site, is governed and protected by United States and worldwide copyright, trademark, or other intellectual property laws and treaty provisions, privacy and publicity laws, and communications regulations and statutes (“Intellectual Property”). The Intellectual Property is owned or controlled by us or other parties that have licensed to us the right to use their Intellectual Property or the right to market their products or services ("IP Providers").

Unless agreed upon by THOR, in advance and in writing, the Intellectual Property is provided solely for your internal business use only. You shall not copy, reproduce, republish, upload, post, transmit, distribute, redistribute, incorporate into or store in any other web site, networked computer environment, electronic retrieval system, publication or other work in any form, or otherwise use or exploit the content on the Site without our prior written consent or the consent of the relevant IP Provider except as follows:

(i)	to download a copy of any portion of the Site, and any Intellectual Property, to the local hard drive of the computer used by you to access the Site solely for your internal business use, in accordance with these Terms; and
(ii)	to print extracts of the Site provided it is solely for your internal business use, in accordance with these Terms.

You shall not provide a link to the Site from another web site without our prior written consent.

Nothing displayed on the Site shall be construed as granting any licence or right of use of any Intellectual Property.

All software, applications, and modules used or available on the Site ("Software") are proprietary to or licensed to us by other parties ("Software Providers," together with IP Providers, the "Providers"). You may not reproduce, reverse engineer, create derivative works of, reverse assemble or reverse compile, sell, lease, distribute, rent, assign, transfer, or modify any Software.

The United States controls the export of products and information. You agree to comply with any applicable restrictions and not to export or re-export the Intellectual Property to countries or persons prohibited under United States' export control laws. By using, copying, or downloading any portion of the Intellectual Property, you warrant and represent that:

(i)	you are not in a country where such export is prohibited;
(ii)	you are not on the US Commerce Department's Table of Denial Orders or the US Treasury Department's list of Specially Designated Nationals; and
(iii)	you are not providing access to the Intellectual Property to any person situated in a country where such export is prohibited or on the US Commerce Department's Table of Denial Orders or the US Treasury Department's list of Specially Designated Nationals.

ADDITIONAL TERMS

Additional terms and conditions may apply to use of this Site and the Intellectual Property thereon, a related product/service, and other uses of portions of this Site, and you agree to abide by any other such terms and conditions.

THIRD PARTY LINKS

The Site may contain links to third party web sites ("Third Party Sites"). These links are provided by us solely for your convenience. While we make every effort to include links to only Third Party Sites that are in good taste and safe for our visitors, we do not regularly review materials or content appearing on, or posted at, Third Party Sites. We do not control or maintain Third Party Sites and we are not responsible for:

(i)	the contents of any Third Party Site, including without limitation any link contained in a Third Party Site;
(ii)	that any Third Party Site or any material on any Third Party Site is virus free;
(iii)	any changes or updates to a Third Party Site;
(iv)	any cookies that may be placed by the Third Party Site;
(v)	any other form of transmission received from any Third Party Site; or
(vi)	any Third Party Site not operating or working properly.

The inclusion of any link does not imply our endorsement of any Third Party Sites, the materials or content appearing on, or posted at, Third Party Sites, or any association with its operators other than as expressly stated. We shall not be responsible for, and we make no representation regarding, the content on any Third Party Site.

If you choose to link to any Third Party Sites, you do so at your own risk. You should take your own precautions in respect of your use of Third Party Sites. We accept no responsibility for any harmful code that may be introduced into your system by using any Third Party Site. We specifically disclaim any liability with regard to any Third Party Sites and any actions resulting from your accessing of, and participation in, any Third Party Sites.

In using the links to Third Party Sites, and in accessing or otherwise using the Third Party Sites, you shall be responsible for abiding by any terms of use posted at the Third Party Sites.

We accept no liability or responsibility for the use, treatment or management of any of your personal information collected by any third party through a Third Party Site. Such use, treatment or management of your personal information, including your ability to access and alter such personal information, shall be governed by the privacy policy posted at the relevant Third Party Site, if any.

You are solely responsible for any dealings with third parties (including advertisers) who support the Site or who are identified in the web pages that are part of the Site or whose services are made available via the Site, including the delivery of and payment for goods and services and compliance with their reservation and booking policies.

INFORMATION SENT FROM USERS

We would like to receive your voluntary feedback and suggestions on the Site to support continual improvements to the product and/or service. To solicit your feedback, we may invite you to participate in usability studies, surveys, and other types of qualitative and quantitative research to help us better design the Site, plan new features, and help understand the needs and preferences of visitors to the Site.

As between the two of us, any content you send to us, whether via e-mail, forms, messages, ideas, questions or suggestions, becomes our sole property and is transmitted by you at your sole risk. You represent and warrant that you own or have the right to submit such information to us.

YOUR WARRANTIES

You represent and warrant that:

(i)	you are at least 18 years of age or have otherwise attained the age of majority;
(ii)	you are authorised and able to create binding legal obligations for any liability incurred as a result of your use of the Site;
(iii)	you will abide by all laws, rules, regulations and codes of conduct applicable to your use of the Site; and
(iv)	you will abide by these Terms in your use of the Site.

DISCLAIMER

YOUR USE OF THE SITE SHALL BE AT YOUR OWN RISK. SINCE MUCH OF THE INFORMATION CONTAINED ON THE SITE IS FOR GENERAL INFORMATION PURPOSES ONLY, YOU SHOULD INDEPENDENTLY VERIFY THE INFORMATION CONTAINED ON THE SITE. THE SITE, AND THE CONTENTS, MATERIALS, INFORMATION, SOFTWARE AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE, MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. ALL SUCH INFORMATION, INTELLECTUAL PROPERTY, SOFTWARE, PRODUCTS AND/OR SERVICES ARE PROVIDED "AS IS" AND WITHOUT REPRESENTATION, WARRANTY OR GUARANTEE OF ANY KIND.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, AND OUR PROVIDERS, DISCLAIM ALL WARRANTIES, GUARANTEES, AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO:

(i)	IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SAFETY, OR ACCURACY OF ANY OF THE SITE OR ANY CONTENTS, MATERIALS, INFORMATION, SOFTWARE AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE;
(ii)	ANY WARRANTIES THAT THE FUNCTIONS CONTAINED IN THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND
(iii)	ANY WARRANTIES REGARDING THE USE, OR RESULTS OF THE USE, OF THE SERVICES AND MATERIALS PROVIDED BY THE SITE.

ALTHOUGH WE ENDEAVOUR TO PROVIDE CONSTANT, UNINTERRUPTED ACCESS TO THE SITE, WE CANNOT AND DO NOT GUARANTEE THIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ACCEPT NO RESPONSIBILITY OR LIABILITY FOR ANY INTERRUPTION OR DELAY OR FOR ANY LOSS OR DAMAGE YOU MAY SUFFER AS A RESULT OF ANY INTERRUPTION OR DELAY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ACCEPT NO RESPONSIBILITY OR LIABILITY FOR ANY LOSS OR DAMAGE YOU MAY SUFFER AS A RESULT OF YOUR RELIANCE ON ANY PART OF THE SITE. YOU ALONE ASSUME ANY AND ALL COSTS ARISING IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER USER WHO HAS ACCESSED THE SITE VIA YOUR LOGIN, PASSWORD OR OTHER ACCESS INFORMATION.

YOUR USE OF THE SITE, ANY THIRD PARTY SITE OR THE INFORMATION, INTELLECTUAL PROPERTY, SOFTWARE, PRODUCTS AND/OR SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE SHALL BE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES, WHETHER AS A RESULT OF ANY COMPUTER VIRUS, SIMILAR SOFTWARE CODE OR OTHERWISE.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT:

(i)	INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OR OUR PROVIDERS, BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE SITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO, OR OTHER INFORMATION FROM THE SITE;
(ii)	SHALL WE, OR OUR PROVIDERS, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, THAT ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THE USE, OR THE INABILITY TO USE, THE SITE, OR THE SERVICES OR MATERIALS ON THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND
(iii)	SHALL OUR AGGREGATE LIABILITY, OR THAT OF OUR PROVIDERS, EXCEED THE TOTAL SUM OF ONE HUNDRED DOLLARS (USD 100.00).

ANY CLAIM OR CAUSE OF ACTION ARISING FROM, OR RELATING TO, YOUR ACCESS AND USE OF, THE SITE SHALL BE BROUGHT WITHIN ONE (1) YEAR FROM THE DATE ON WHICH SUCH CLAIM OR ACTION AROSE OR ACCRUED.

WE ACCEPT NO RESPONSIBILITY OR LIABILITY FOR ANY MISUSE, LOSS, MODIFICATION, OR UNAVAILABILITY OF THE SITE OR ANY MATERIALS OR CONTENT FROM THE SITE.

THE LIMITATIONS SPECIFIED IN THESE TERMS SHALL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS INURE TO THE BENEFIT OF THOR AND THE PROVIDERS, AND TO ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, ATTORNEYS, AND AGENTS.

INTERNATIONAL USE

Accessing materials, contents and services available on the Site from territories where such materials, contents and services are illegal is prohibited. If you choose to access the Site from such locations, you do so at your own risk, on your own initiative and shall be solely responsible for complying with applicable laws, rules and regulations.

INDEMNIFICATION

These Terms are for our benefit and that of the Providers, our and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its or their own behalf. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You shall defend and indemnify us, our subsidiaries, affiliates, officers, directors, employees, and agents, or our Providers, and each of their respective officers, directors, employees, and agents, from and against any claim, cause of action, or demand, including without limitation reasonable legal and accounting fees, brought by you, on your behalf in excess of the liability described in these Terms or by any third party against us, our subsidiaries, affiliates, officers, directors, employees, or agents, or our Providers, and each of their respective officers, directors, employees, or agents, due to or arising out of content you submit, post to or transmit through the Site (including, without limitation, computer viruses), your use of or connection to the Site, your use of or connection to any Third Party Site, or your violation of these Terms.

ENTIRE AGREEMENT

These Terms, and any other terms and conditions incorporated by reference in these Terms, constitute the entire agreement with respect to the Site and your use of the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to the Site and your use of the Site.

WRITTEN DOCUMENTATION

A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on 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.

HEADINGS

The headings in these Terms are for your convenience and reference. The headings do not limit or affect these Terms.

RIGHTS RESERVED

We reserve the right to report any wrongdoing, if and when we become aware of it, to any applicable government and regulatory agencies.

We reserve all rights not expressly granted or stated in these Terms.

LANGUAGE

Although translations of these Terms, including any other terms and conditions referenced in these Terms, may be available, such translations may not be up to date or complete. You agree that in the event of any conflict, the English language version of these Terms, and any other terms and conditions referenced in these Terms, shall prevail.

GOVERNING LAW

The Site (excluding any Third Party Sites) is controlled by us from our offices in the State of New Jersey, U.S.A. These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, U.S.A., without giving effect to any principles of conflicts of law.

You agree that any action at law or in equity arising out of or relating to the Site or these Terms shall be brought and tried only in federal courts located in Newark, New Jersey, U.S.A., or state courts located in Essex County, New Jersey, U.S.A., and you hereby agree, and submit, to the exclusive personal jurisdiction of such courts for the purposes of litigating any such action.

SEVERABILITY

If for any reason any provision of these Terms is:

(i)	to be invalid, illegal, or unenforceable by any court or competent authority; or
(ii)	rendered invalid, illegal, or unenforceable by the introduction of, or change in, any statute, regulation, applicable code or other ordinance or in their interpretation,

such provision shall be deemed deleted without prejudice to the remaining provisions of these Terms which shall continue in full force and effect and continue to be binding and enforceable.

WAIVER

A waiver of any term, provision or condition of, or consent granted under, these Terms shall be effective only if given in writing and signed by us. Such waiver shall only be effective in the instance, and for the purpose for which, it is given.

No failure or delay on our part in exercising any right, power or privilege under these Terms shall operate as a waiver of such right, power or privilege.

No single or partial exercise of any right, power or privilege by us shall preclude any other or further exercise of such right, power or privilege or the exercise of any other right, power or privilege by us.

CONTACT

If you have any questions or concerns about the Site or these Terms, please contact us at THOR, Inc. 390 Interlocken Crescent, Suite 680, Broomfield, Colorado 80021.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY THOR.

Copyright © 2007-2017 THOR, Inc. All Rights Reserved.

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