WholeTravel Terms of Use

Last Updated: September 29, 2008

This website (the "Site") provides you with information about WholeTravel Network, Inc., WholeTravel.com (collectively "WholeTravel") and our services. By viewing materials appearing on the Site (the "Content"), you agree to be bound by these Terms of Use which is referred to as the "Agreement."

This is a legal agreement between you and WholeTravel. Please read the Agreement carefully. If you do not agree to these terms then you may not access the Site or view or submit any Content. Your use, the Site and the Content indicates your agreement with the terms of this Agreement.

The terms of this Agreement, as modified by WholeTravel from time to time in accordance with the next paragraph, will govern your use of, the Site and the Content.

WholeTravel may revise these Terms of Use and the Privacy Policy from time to time. Each revision will be marked with a revision date and will be posted on the Site, and WholeTravel recommends that you review them from time to time to note any changes. By continuing to use the Site and/or the Content, you agree to be bound by any Terms of Use and Privacy Policy in effect at the time of such use or access. If you do not agree to the modified terms then you must cease to use the Site and the Content. Your privacy is important to WholeTravel. Please review the terms of our Privacy Policy to learn more about our information collection, use and disclosure practices.

Feedback

You may, from time to time, provide feedback to WholeTravel related the Site or the Content. Such feedback may include, without limitation, modifications, additions, fixes, improvements, enhancements, applications, test results, procedures, information, materials, suggestions, ideas, concepts, know-how, techniques, data, translations, developments and discoveries (collectively "Feedback"). You acknowledge and agree that all Feedback will be the sole and exclusive property of WholeTravel. You hereby irrevocably transfer and assign to WholeTravel and agree to irrevocably transfer and assign to WholeTravel all of your right, title, and interest in and to all Feedback, including all worldwide intellectual property rights therein. At WholeTravel’s request and expense, you will execute documents and take such further acts as WholeTravel may reasonably request to assist WholeTravel to acquire, perfect and maintain its intellectual property rights and other legal protections for the Feedback.

WholeTravel Property

Except as expressly permitted in this Agreement, you will not earn or acquire any rights or licenses in the Site or any of the Content (including but without limitation the WholeTravel Distributed Content) on account of this Agreement. You acknowledge and agree that WholeTravel and its licensors own all right, title, and interest in, the Site and all of the Content, including all intellectual property rights therein, even if WholeTravel or its licensors incorporate any Feedback into subsequent versions of the Site or the Content. The Site and all of the Content are protected by copyright, trademark and other laws of both the United States and foreign countries. Except as expressly permitted in this Agreement, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, the Site or the Content. General Prohibitions

You agree not to do any of the following while using the Site or the Content:

Engage in any activities, including but not limited to posting, publishing transmitting or otherwise submitting any text, graphics or material, that: (i) are false or misleading; (ii) are defamatory or libelous; (iii) invade another’s privacy; (iv) are obscene, pornographic or offensive; (v) promote bigotry, racism, hatred or harm against any individual or group; (vi) infringe another’s rights, including any intellectual property, privacy or publicity rights; or (vii) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability;

Copy, modify or distribute the HTML code used to generate web pages on the Site, except as minimally necessary for permitted use of the Services;

Access, tamper with or use non-public areas of the Site, WholeTravel computer systems, or the technical delivery systems of WholeTravel providers;

Attempt to probe, scan or test the vulnerability of any system or network or breach any security or authentication measures;

Attempt to access or search the Site or Content with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by WholeTravel or other generally available third party web browsers (such as Microsoft Internet Explorer or Netscape Navigator);

Frame the Site, except as may be expressly permitted in writing by WholeTravel;

Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site or Content to send altered, deceptive or false source-identifying information;

Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Content;

Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Site; or

Impersonate or misrepresent your affiliation with any person or entity.

WholeTravel will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. WholeTravel will involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that WholeTravel has no obligation to monitor your use of, or access to, the Player, the Site and the Content or any information you may provide during your use of, or access to, the Player, the Site and the Content, but has the right to do so for the purpose of operating the Site, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Termination of Use

If you violate any of the terms of this Agreement, your permission to use the Site and the Content will automatically terminate. In such event, you must cease all use the Site and the Content. WholeTravel also reserves the right to cease providing services, features or content at any time and without notice.

Links

The Site may contain links to third-party websites or resources which may provide access to content, products and services from third parties, including users, advertisers, affiliates and sponsors thereof. Although WholeTravel may elect to periodically screen such websites or resources for quality, links to such websites or resources on the Site do not imply any endorsement by WholeTravel of the content, products or services available from such websites or resources. You agree that WholeTravel is not responsible or liable for: (i) the availability or accuracy of, such third-party website or resources; (ii) the content, advertising, products or services on or available from such website or resources; or (iii) any opinions, advice, offers or other information on or available from such website or resources. You should refer to the policies posted by other website regarding privacy and other topics before you use them. You agree that WholeTravel is not responsible for third-party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that WholeTravel is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with a third party seller, including delivery of products or services and warranty obligations related to such purchased products or services. You agree that WholeTravel is not responsible for any loss or damage of any sort you may incur from dealing with any third party.

Use of the Site at Your Own Risk

Viewing, running, posting, displaying, transmitting, publishing, distributing, copying, using or accessing the Site, and accessing, viewing, using, downloading, uploading, transmitting or submitting any Content is at your own discretion and risk. WholeTravel will have no responsibility for any harm to your computer system, loss of data or any other harm that results from your use of the Site or the Content.

Indemnity

You agree to defend, indemnify and hold WholeTravel, and its respective officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the "WholeTravel Entities"), harmless from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys' and accounting fees and costs, arising out of or in any way connected with your access to, distribution, publication, the Site or the Content, or your violation of this Agreement.

Severability

In the event that any part of this Agreement is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.

Waiver

The failure of WholeTravel to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.

Applicable Laws

This Agreement and all matters relating to your use of, and access to the Site and the Content shall be governed by the laws of the State of California without regard to its conflict of law provisions. Any legal action or proceeding relating to your use of the Site and/or the Content shall be instituted in a state or federal court in Santa Clara County, California. You and WholeTravel agree to submit to the personal and exclusive jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

General

This Agreement constitutes the entire and exclusive understanding and agreement between you and WholeTravel regarding your use of, and access to, the Player, the Site and the Content. You may not assign or transfer this Agreement, in whole or in part, by operation of law or otherwise, without the prior written consent of WholeTravel. WholeTravel may assign this Agreement at any time without notice. This Agreement will bind and inure to the benefit of WholeTravel’s successors and assigns. The failure to require performance of any provision shall not affect WholeTravel’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

Copyright & Trademark Information

All trademarks, service marks, logos, trade names and any other proprietary designations used on the Site or within the Content are trademarks or registered trademarks of WholeTravel or its licensors. You will not delete or in any manner alter the copyright, trademark or other proprietary rights notices appearing on the Site or within the Content.

Contact Information

If you have any questions regarding this Agreement or the Site, please contact WholeTravel at termsofuse AT WholeTravel DOT com.