TERMS & CONDITIONS
AGREEMENT BETWEEN USER AND MARATHON TRAVEL & CRUISE
SHOP
Marathon Travel & Cruise Shop offers access to
and use of this travel product subject to your acceptance
without modification of these terms and conditions. Your
use of this travel product constitutes your agreement to
all such terms, conditions and notices.
USE OF THIS TRAVEL PRODUCT
You may use our travel product only if you are at
least 18 years of age and can enter into binding contracts.
We will use our reasonable commercial efforts to keep our
travel product available on a 24-hour/7-day-per-week basis,
subject to necessary scheduled downtime for maintenance,
unscheduled maintenance and system outages.
You agree to be financially responsible for all your use
of this travel product (as well as for use of your account
by others, including, without limitation, minors living
with you). You agree to supervise all usage of this travel
product by minors under your name or account. You also warrant
that all information supplied by you or members of your
household in using this travel product is true and accurate.
Without limitation, any speculative, false, or fraudulent
reservation or any reservation in anticipation of demand
is prohibited. You agree that these travel services reservations
facilities shall be used only to make legitimate reservations
or purchases for you or for another person for whom you
are legally authorized to act. You understand that overuse
or abuse of these travel services reservation facilities
may result in you being denied access to such facilities.
Separate terms and conditions will apply to your reservation
and purchase of travel-related goods and services that you
select. You agree to abide by the terms or conditions of
purchase imposed by any supplier with whom you elect to
deal, including, but not limited to, payment of all amounts
when due and compliance with all rules and restrictions
regarding availability of fares, products, or services.
You shall be completely responsible for all charges, fees,
duties, taxes, and assessments arising out of the use of
this travel product.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this travel product including but
not limited to text, graphics and icons are copyrighted
materials owned or controlled by Worldspan and/or its suppliers
including but not limited to Worldspan , L.P. (such suppliers
are hereinafter referred to collectively as "Suppliers"
or "SUPPLIERS"). All rights reserved. Nothing
contained on this travel product should be construed as
granting you any license or right to use any trademark displayed
on this travel product without the written permission of
Marathon Travel & Cruise Shop and/or its Suppliers.
All software, including without limitation all programming
code and controls contained in this product, is owned by
Marathon Travel & Cruise Shop and/or its Suppliers and
is protected by copyright laws and international treaty
provisions. This travel product is for your personal and
noncommercial use. You may not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license,
create derivative works from, transfer, or sell any information,
software, products, or services obtained from this travel
product. Any product and company names and logos found herein
may be the trademarks of their respective owners.
LIABILITY AND WARRANTY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES
PUBLISHED IN THIS TRAVEL PRODUCT MAY INCLUDE INACCURACIES
OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED
TO THE INFORMATION HEREIN. MARATHON TRAVEL & CRUISE
SHOP AND/OR ITS SUPPLIERS MAY IMPROVE, CHANGE AND/OR DISCONTINUE
THIS TRAVEL PRODUCT AND/OR ANY OF ITS FEATURES AT ANY TIME.
MARATHON TRAVEL & CRUISE SHOP AND/OR ITS SUPPLIERS MAKE
NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION,
PRODUCTS, AND SERVICES CONTAINED IN THIS TRAVEL PRODUCT
FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, AND SERVICES
ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
MARATHON TRAVEL & CRUISE SHOP AND/OR ITS RESPECTIVE
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, PRODUCTS, AND SERVICES,
INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
MARATHON TRAVEL & CRUISE SHOP AND/OR ITS SUPPLIERS ASSUME
NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES,
CLAIM, LOSS, OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION, VIRUS, COMMUNICATION FAILURE, OR OTHERWISE
IN CONNECTION WITH THE USE OF THIS TRAVEL PRODUCT, WHETHER
IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR UNDER ANY OTHER
LEGAL THEORY OR CAUSE OF ACTION. IN NO EVENT SHALL MARATHON
TRAVEL & CRUISE SHOP AND/OR ITS SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED
WITH, THE USE OF THIS TRAVEL PRODUCT OR WITH THE DELAY OR
INABILITY TO USE THIS TRAVEL PRODUCT, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS TRAVEL
PRODUCT, OR OTHERWISE ARISING OUT OF THE USE OF THIS TRAVEL
PRODUCT, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY,
OR OTHERWISE, EVEN IF MARATHON TRAVEL & CRUISE SHOP
AND/OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
TO YOU.
INDEMNITY
As a condition of your use of this travel product,
you agree to indemnify Marathon Travel & Cruise Shop
and its Suppliers and their respective parent and affiliate
companies from and against any and all liabilities, expenses
(including attorney's fees) and damages arising out of claims
resulting from your use of this travel product. Marathon
Travel & Cruise Shop and its Suppliers are not responsible
for any disruptions experienced in your travel plans due
to mechanical, weather, or travel service provider conditions.
It is the travel service provider's responsibility to inform
you of these disruptions and help you make alternative travel
arrangements. Marathon Travel & Cruise Shop and its
Suppliers do not assume and hereby disclaim any liability
to any part for any loss or damage caused by errors, omissions,
misleading information, or any potential travel problem
caused by information provided on this travel product.
UNLAWFUL OR PROHIBITED USE
As a condition of your use of this travel product,
you warrant that you will not use this travel product for
any purpose that is unlawful or prohibited by these terms
and conditions. Marathon Travel & Cruise Shop and/or
its Suppliers reserve the right to pursue fraudulent credit
card purchases to the full extent of the law.
LINKS TO THIRD-PARTY SITES
This travel product may contain hyperlinks to web
sites operated by parties other than Marathon Travel &
Cruise Shop , which are provided for your reference only.
Marathon Travel & Cruise Shop does not control these
web sites and is not responsible for their content. Marathon
Travel & Cruise Shop 's inclusion of hyperlinks to such
web sites does not imply any endorsement or association
of the material on such web sites and are accessed at your
own discretion and risk.
MODIFICATION OF THESE TERMS AND CONDITIONS
Marathon Travel & Cruise Shop reserves the right
to change at any time the terms, conditions and notices
under which this travel product is offered.
GENERAL
Marathon Travel & Cruise Shop 's performance
of this agreement is subject to existing laws and legal
process, and nothing contained in this agreement is in derogation
of Marathon Travel & Cruise Shop 's right to comply
with law enforcement requests or requirements relating to
your use of this travel product or information provided
to or gathered by Marathon Travel & Cruise Shop and/or
its Suppliers with respect to such use.
If any part of this agreement is determined to be invalid
or unenforceable pursuant to applicable law including, but
not limited to, the warranty disclaimers and liability limitations
set forth above, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision
and the remainder of the agreement shall continue in effect.
This agreement constitutes the entire agreement between
the user and Marathon Travel & Cruise Shop with respect
to this travel product and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or
written, between the user and Marathon Travel & Cruise
Shop with respect to this travel product. A printed version
of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings
based upon 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.
Any rights not expressly granted herein are reserved.
JURISDICTION
These Terms and Conditions shall be governed by,
construed and enforced in accordance with the laws of the
State of Georgia, United States of America, without regard
to its conflict of laws provisions. You hereby submit and
consent to the jurisdiction of the United States District
Court, Northern District of Georgia and the courts of the
State of Georgia of competent jurisdiction.
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