Terms of Use Agreement
This agreement (“Agreement”) is between you, the customer (“You”) and Groople,
(the “Company”) the company that owns this website (“Website”). This agreement
sets forth the terms and conditions associated with Your use of this Website
(the “Terms of Use”). By using the Website, YOU ACKNOWLEDGE YOU HAVE READ THIS
AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF
YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE
COMPANY IS UNWILLING TO ALLOW YOU TO USE THIS WEBSITE.
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TERMS OF USE
Subject to the terms and conditions of this Agreement, the Company grants to
You a limited, nonexclusive, personal license to use the Website solely for
Your own personal use. You may use the Website to make legitimate reservations
and/or purchases. You agree that You (i) will not use the Website to make any
speculative, false, or fraudulent reservation, any reservation in anticipation
of demand, or for any purpose that is deemed unlawful or prohibited by this
Agreement. Violators may be prosecuted to the maximum extent of the law; (ii)
will not use any device, software, or routine that interferes or attempts to
interfere with the normal operation of the Website; and (iii) will not perform
any action that, in the Company’s discretion, imposes a burden or unreasonable
load on the Company’s computers. You agree to abide by all other additional
terms and conditions applicable to your reservation(s), purchase(s) of goods
and services, request(s) to purchase, use of software, and other uses of
portions of the Website, including, but not limited to, paying all amounts owed
on a timely basis and complying with all rules and restrictions regarding
availability of fares, paper airline tickets, products, programs or services,
and use of software. You agree to be legally responsible for the purchase terms
related to all of your reservations and for all charges, fees, penalties,
duties, taxes, and assessments that result from Your use of the Website. You
are encouraged to carefully review the terms of any offer, including, but not
limited to, any fare or rate rules related to an airfare purchase. In certain
cases The Company is not the merchant of record for transactions performed on
this Website.
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CONFIRMATION OF RESERVATION
No reservation is complete until confirmed or ticketed. The Company will verify
with the credit/debit card company that the billing address and credit card
verification number You provided is accurate and that Your debit/charge will be
accepted. Until such information is verified, the reservation is NOT complete
and the rate or fare is subject to change. The Company is not responsible for
(i) any transaction that is declined because an issuing company or travel
provider declines a credit/debit card; (ii) any transaction that is declined
because the debit/credit card billing address and/or credit card verification
number cannot be verified in a timely manner; nor (iii) any changes in fare or
any other charges that may occur before the reservation is complete.
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TERMS OF PURCHASE
You are deemed to have agreed to all of the terms and conditions related to
Your purchase once Your reservation has been confirmed or ticketed. It is in
Your best interests to review those terms and conditions carefully at the time
they are made available to You. Unless otherwise specified, once
confirmed/ticketed, most reservations cannot be transferred, changed, upgraded,
or cancelled/refunded; if a transfer, change, upgrade, or cancellation/refund
is permitted, penalties will apply, including additional service, processing,
and/or cancellation fees to be assessed by the Company and/or the travel
provider(s).
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RELIABILITY OF INFORMATION; RESTRICTIONS
Some of the information on the Website is provided by third parties and may not
always be accurate due to the constantly changing nature of the data. All
rates, fares, offers, prices, and conditions of sale may be subject to and/or
limited by: (a) current availability (b) change without notice; (c) advance
purchase, eligibility, seating, or other limitations; (d) travel days, dates,
minimum or maximum stays, holidays, seasons, blackout dates, stopovers, and/or
waitlisting restrictions; (e) reservation validation limitations of up to one
year (if any extension permitted, penalties/restrictions may apply); and/or (f)
other conditions/restrictions. Lower prices may be available. The Company is
not responsible for the accuracy of the information provided by third parties.
Other restrictions or special rules may apply, including but not limited to (i)
ID may be required to qualify for certain special rates, (e.g., membership in
AARP); (ii) if there are more guests than the reserved room can accommodate
there may be an extra person charge, or a larger room may be required by the
hotel at a higher rate than the smaller room; or (iii) Your credit card could
be charged immediately upon reservation of a hotel room or rental car.
It is the responsibility of the hotel chain and/or the individual property to
ensure the accuracy of the photos displayed. Groople.com is not responsible for
any inaccuracies in the photos.
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COPYRIGHT & LICENSES
The materials and content on the Website is protected by copyright laws and
international treaty provisions, as well as other intellectual property laws
and treaties. All title and copyrights in and to the Website (including, but
not limited to, any images, photographs, animations, video, audio, music, text
and illustrations incorporated into the Website) are owned by Groople, its
third party licensors or its suppliers (the “Intellectual Property”). You agree
to abide by all additional copyright notices, information, or restrictions
contained in any material or content on the Website. You may download any
Intellectual Property solely for your personal, non-commercial use, consistent
with this Agreement. You may not copy, reproduce, republish, upload, post,
transmit, distribute, and/or exploit any Intellectual Property in any way
(including by e-mail or other electronic means) without the Company’s prior
written consent. Modification or use of any Intellectual Property for any other
purpose is a violation of the copyrights, trademark rights, and other
proprietary rights. The use of any Intellectual Property on any other site or
networked computer environment, or maintaining unauthorized links to the
Website, is prohibited by this Agreement. All software, applications, and
modules (collectively, "Software") used on the Website are proprietary to or
licensed to the Company by other parties. You may not rent, lease, sub-license,
assign or permit others to use the Software. Except to the extent such a
restriction is unenforceable under local law, You may not modify, amend,
reverse engineer, decompile, translate, create a derivative work or dissemble
the Software.
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STATEMENT CONCERNING U.S. GOVERNMENT USERS
The Software is commercial computer software developed exclusively at private
expense, and in all respects is proprietary data belonging to the Company or
its suppliers. The Software is comprised of “commercial computer software” and
“commercial computer software documentation” as such terms are used in
48 C.F.R § 12.212. Consistent with
48 C.F.R. § 12.212 and 48 C.F.R. § 227.7202-1
through § 227.7202-4, all U.S. Government licensees acquire the Software
with only those rights set forth in this Agreement.
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INFORMATION SENT FROM USERS
Content You send to the Company, as between the two, whether via e-mail, forms,
messages, ideas, and/or suggestions, becomes the sole property of the Company
and is transmitted at Your sole risk. You hereby represent and warrant that You
own or have the right to submit the foregoing. Any customer service questions
will be answered in accordance with the Company’s "Privacy Policy." You are
strictly prohibited from uploading to the Website any material that contains
any virus, worm, "trojan horse," time bomb, or similar contaminating or
destructive feature. Violators may be prosecuted to the maximum extent of the
law.
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YOUR WARRANTIES
You warrant that you are at least 18 years old and possess the legal authority
to enter into this Agreement on behalf of Yourself or any organization on
behalf of which You are acting. You warrant that You will use this Website in
accordance with the terms and conditions of this Agreement. You agree to be
financially responsible for all of Your use of this Website as well as for the
use of Your name and credit card account to pay for products and services
purchased at this Website by others. You also warrant that all information
supplied by You in using this Website is true and accurate.
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DISCLAIMER OF WARRANTIES
THE SERVICES AND MATERIALS PROVIDED BY THE WEBSITE ARE PROVIDED "AS IS." TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY, AND ITS
SUPPLIERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO: (1) IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT,
FITNESS FOR A PARTICULAR PURPOSE, AND TITLE TO ANY OF THE SERVICES AND
MATERIALS PROVIDED ON THE WEBSITE; (2) 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 WEBSITE OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (3) ANY WARRANTIES
REGARDING THE USE, OR RESULTS OF THE USE, OF THE SERVICES AND MATERIALS
PROVIDED BY THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY,
TIMELINESS, OR OTHERWISE. YOU ALONE ASSUME ANY AND ALL COSTS ARISING IN
CONNECTION WITH YOUR USE OF THE WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
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LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE
COMPANY, OR ITS SUPPLIERS, 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 WEBSITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA,
TEXT, IMAGES, VIDEO, AUDIO, OR OTHER INFORMATION FROM THE WEBSITE. IN NO EVENT
SHALL THE COMPANY, OR ITS SUPPLIERS, 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 WEBSITE OR THE SERVICES OR MATERIALS ON THE WEBSITE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY’S AGGREGATE
LIABILITY, OR THAT OF ITS SUPPLIERS, EXCEED THE TOTAL CHARGES SET FORTH IN THE
ITINERARY GIVING RISE TO ANY SUCH LIABILITY. ANY CLAIM OR CAUSE OF ACTION
ARISING FROM, OR RELATING TO, YOUR ACCESS AND USE OF, OR PURCHASE OF PRODUCTS
AND/OR SERVICES FROM, THE WEBSITE MUST BE BROUGHT WITHIN ONE (1) YEAR FROM THE
DATE ON WHICH SUCH CLAIM OR ACTION AROSE OR ACCRUED OR PURCHASE WAS COMPLETED.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU. YOUR USE OF THE WEBSITE SHALL BE AT YOUR OWN RISK.
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INTERMEDIARY
The Company is acting as an intermediary or as an agent for providers of
travel-related products and/or services by promoting, selling or accepting
reservations or bookings for such products and/or services (such as air and
ground transportation, hotel accommodations, meals, tours, cruises, travel
insurance, etc.). The Company shall not be responsible for breach of contract
or any actions or omissions on the part of such providers, which result in any
loss, damage, delay, or injury to you and/or your travel companion(s), if any.
The Company does not guarantee any of such provider’s rates, bookings,
reservations or other purchase terms. The Company shall not be responsible for
any disruption of travel-related products and/or services, whether resulting
from bankruptcy of any travel provider(s), or due to monetary crisis, political
or social unrest, labor problems, mechanical or construction difficulties,
climatic aberrations, local laws, diseases, novel conditions, including
terrorist activities, and/or events of "force majeure" (i.e., those beyond the
Company’s reasonable control).
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MODIFICATIONS TO AGREEMENT
The Company reserves the right, in its sole discretion, to change, modify, add,
or remove portions or all of these terms at any time. Please check this
Agreement periodically for changes.
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CALIFORNIA SELLER OF TRAVEL REGISTRATION
California seller of travel Registration #: 2076764-40. Registration as a seller
of travel in California does not constitute the state's approval.
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CONTACT THE COMPANY
Should you have any questions concerning this Agreement, or if you desire to
contact Groople for any reason, please contact our
customer service department
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