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SkyValue Terms of
Site Use User Agreement FlySkyValue.com is intended exclusively for your personal and non-commercial use. The content and data (including information relating to the pricing and availability of travel), as well as the web site infrastructure used to provide such content and information, is proprietary to C First Class d/b/a SkyValue USA. As a condition of using FlySkyValue.com, you agree not to use its contents or information for any commercial or non-personal purpose. Unless otherwise agreed upon, in writing, by SkyValue, you may not commit any of the following acts either directly or indirectly: • Use any automatic device or manual process to copy or monitor content of the site without prior written consent • Use FlySkyValue.com to make illegitimate or illegal reservations or purchases • Use or access FlySkyValue.com in any way that, in the opinion of SkyValue, has a negative affect on the performance or function of the site, or any other computer systems or networks used by SkyValue • Attempt to upload or transmit to FlySkyValue.com or use any device, software or routine that contains malicious computer programming routines that are intended to damage, interfere or attempt to interfere with, intercept, the normal operation of FlySkyValue.com , or take any action that imposes an unreasonable load on our computer equipment. User ID and Password Access to and use of password protected and/or secure areas of the Site is restricted to registered, authorized industry users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution. To become registered, you are required to answer a limited number of mandatory questions. By submitting information, you guarantee that all information you supply to us is true and accurate. Termination SkyValue, at our sole discretion, may terminate or restrict your access to all or any component of FlySkyValue.com at any time, regardless of whether or not access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of FlySkyValue.com . If you continue to access the Site after such termination, your use shall constitute an act of trespass. Changes Any cosmetic or functional part of FlySkyValue.com may be changed, supplemented, deleted, updated, discontinued, suspended, or modified at any time, and without prior notice to you. Privacy and Security Our Privacy Policy covers use of information collected on FlySkyValue.com . You agree that you have read our Privacy Policy, and it is reasonable and acceptable to you. Your acceptance of these Terms is also your consent to the information practices in our Privacy Policy. Intellectual Property Rights All material contained on the FlySkyValue.com Site, unless otherwise indicated, is protected by law including, but not limited to, copyright and trademark law, as well as other state, national, and international laws and regulations. User acknowledges that all right, title and interest in and to the FlySkyValue.com Site and any and all intellectual property rights associated therewith are exclusively owned by SkyValue. User will not contest the validity of any trademark or SkyValue'exclusive ownership of it. Disclaimers User assumes the sole risk of making use of and/or relying on the information or services, made available by SkyValue. SkyValue makes no representations about the suitability, completeness, timeliness, reliability, or accuracy of the information or services described or provided by the FlySkyValue.com Site for any purpose. SkyValue does not warrant that the FlySkyValue.com Site will meet all of User’s requirements or that performance of the FlySkyValue.com Site will be uninterrupted or error-free including any errors or omissions in the results obtained through use of the FlySkyValue.com Site. All such information or services are provided “as is” without warranty of any kind, including all implied warranties and conditions or merchantability, fitness for a particular purpose, title, and non-infringement. LIABILITY DISCLAIMER: THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN PARTICULAR, SKYVALUE DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM LIABILITY FOR INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE HOTEL, AIR, CRUISE, CAR AND OTHER TRAVEL PRODUCTS DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, PHOTOGRAPHS, LIST OF HOTEL AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. HOTEL RATINGS DISPLAYED ON THIS WEBSITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND SKYVALUE DOES NOT GUARANTEE THE ACCURACY OF THE RATINGS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SKYVALUE AND/OR THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEB SITE AT ANY TIME, FOR ANY REASON. In no event shall SkyValue be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of the FlySkyValue.com Site or with the delay or inability to use the FlySkyValue.com Site, or for any information or services offered or available (or not available) through the FlySkyValue.com Site, or otherwise arising out of the utilization of the FlySkyValue.com Site, whether based in contract, tort, strict liability, or otherwise, even if SkyValue has been advised of the possibility of damages. In the event that the foregoing imitations are not enforceable, SkyValue'liability incurred in connection with this agreement shall not exceed the amount of payments received by SkyValue from User. Indemnification User shall defend, hold harmless and indemnify SkyValue for any damages awarded pursuant to any third party claim brought against SkyValue and its affiliates and all of their directors, officers, employees, secondees, legal representatives, contractors, and agents (collectively “Indemnified Parties”), which would constitute a breach of any warranty, representation or covenant made by User under this Agreement; provided that the Indemnified Parties notifies User in writing of any such claim and tenders the control of the defense and settlement of any such claim to User at User’s expense and with User’s choice of counsel. The Indemnified Parties shall cooperate with User, at User’s expense, in defending or settling such claim. User will not enter into any settlement or compromise of any such claim without the Indemnified Parties’ prior consent, which shall not be unreasonably withheld. Governing Law This Agreement has been made in and will be construed and enforced in accordance with Florida law. Any action will be brought in the courts of Broward County, Florida, and all parties to this Agreement expressly agree to be subject to the jurisdiction of such courts. Waiver Failure to insist on strict performance of any of the terms and conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by SkyValue of any right under these terms and conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. Severability If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these terms and conditions shall continue in effect. Relationship Between the Parties No joint venture, partnership, employment, franchise, or agency relationship exists between User and SkyValue as a result of this Agreement or User’s utilization of the FlySkyValue.com Site. Entire Agreement This agreement represents the entire agreement between User and SkyValue with respect to the use of the FlySkyValue.com Site. Any rights not expressly granted herein are reserved. Assignment User may not assign its rights or delegate its obligations under this Agreement without SkyValue's prior written consent. Notices Any notice or other communication hereunder shall be in writing and shall be deemed given and effective (i) when delivered personally, or by overnight express, or (ii) five (5) business days after the postmark date if mailed by certified or registered mail, postage prepaid, return receipt requested, addressed to a party as follows, or to such other address as such party may designate by written notice to the other party in accordance with the provisions of this section. If to Company, the notice shall be addressed to: SkyValue |
