Last Modified: May 24, 2018
Acceptance of Terms of Service
These terms of service are entered into by and between you and Virtuoso, Ltd. ("Virtuoso", "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Service"), govern your access to and use of cod-bod.com and associated domains, including any content, functionality and services offered on or through cod-bod.com (the "Website"), whether as a guest or a registered user.
Please read the Terms of Service carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service. If you do not want to agree to these Terms of Service you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older or the applicable age of majority in your jurisdiction of residence. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Virtuoso. If you do not meet this requirement, you must not access or use the Website.
Changes to the Terms of Service
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are encouraged and expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to registered users.
You are responsible for:
• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Service and comply with them.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You are responsible for the actions (including User Contributions) of anyone using your account, whether with or without your permission. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to suspend or terminate any account and/or disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion, including if, in our opinion, you have violated any provision of these Terms of Service.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Virtuoso, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Service permit you to use the Website as follows: (i) if you are an individual consumer, including a client of a Member Agency, for your legitimate personal uses for which the Website is intended for consumers (whether as a registered user or a guest); and (ii) if you represent a Virtuoso Member Agency (“Member Agency”) or a Virtuoso Preferred Supplier (“Preferred Supplier”), for the legitimate business purposes for which the Website is intended for Member Agencies and/or Preferred Suppliers (collectively, the “Permitted Uses”). You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for the Permitted Uses and not for further reproduction, publication or distribution.
• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for the Permitted Uses, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences or any graphics.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
Additionally, please be advised that certain Preferred Suppliers have provided the travel product images located within the image galleries on the product detail pages on this Website (“Supplier Images”), and such Preferred Suppliers have represented to Virtuoso that they consent for Member Agencies (and no other person or entity) to use, reproduce, and distribute the Supplier Images solely in connection with the Member Agencies’ lawful and accurate marketing and advertising concerning the Member Agencies’ goods and services and/or the applicable Preferred Supplier’s goods and services. EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING SENTENCE, AND NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, NO OTHER PERSON OR ENTITY IS PERMITTED TO USE, REPRODUCE, OR DISTRIBUTE THE SUPPLIER IMAGES OR ANY OTHER IMAGES, GRAPHICS, ILLUSTRATIONS, OR PHOTOGRAPHS (INCLUDING WITHOUT LIMITATION, VIRTUOSO LIFE® PHOTOGRAPHS OR USER CONTRIBUTIONS) ON THE WEBSITE FOR ANY PURPOSE. UNAUTHORIZED USE OF THE SUPPLIER IMAGES OR ANY OTHER IMAGES, GRAPHICS, ILLUSTRATIONS, OR PHOTOGRAPHS ON THE WEBSITE MAY SUBJECT YOU TO LEGAL LIABILITY INCLUDING, AMONG OTHER THINGS, CLAIMS, LAWSUITS, DAMAGES, ATTORNEYS’ FEES, AND CIVIL AND CRIMINAL PENALTIES. If a Member Agency is unsure as to whether a particular image on the Website is a Supplier Image, it is the Member Agency’s obligation to verify with its Virtuoso marketing contact.
PLEASE BE ADVISED THAT WE HAVE NOT SELECTED OR RECOMMENDED THE SUPPLIER IMAGES, WE MAKE NO WARRANTIES AS TO THEIR OWNERSHIP, AND WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY TO INVESTIGATE OR VERIFY THE OWNERSHIP OR USE RIGHTS APPLICABLE TO THE SUPPLIER IMAGES OR ANY OTHER IMAGES, GRAPHICS, ILLUSTRATIONS, OR PHOTOGRAPHS ON THE WEBSITE. You expressly waive and agree to indemnify, defend, and hold Virtuoso harmless from any claims, damages, liabilities, costs, charges, or expenses arising out of or relating to your use, reproduction, or distribution of the Supplier Images or any other images, graphics, illustrations, or photographs on the Website (including without limitation, any claims of infringement of a third party’s proprietary rights).
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, Virtuoso may terminate your right to use the Website immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Virtuoso. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
Virtuoso has numerous registered and unregistered trademarks within the United States and throughout the world, including without limitation, VIRTUOSO, The Globe Swirl Logo, SPECIALISTS IN THE ART OF TRAVEL, ORCHESTRATE DREAMS, VIRTUOSO LIFE, RETURN ON LIFE, VIRTUOSO VOYAGES, VIRTUOSO TRAVELER, and BEST OF THE BEST. Virtuoso has a U.S. copyright registration for the Globe Swirl Logo, © 2000. Outside of the U.S., these marks are the property of Virtuoso, and the applicable marks are registered with numerous national trademark registries around the world. All rights reserved. You must not use such marks without the prior written permission of Virtuoso. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:
• In any way that violates any applicable federal, state, local or international law, rule, or regulation (including, without limitation, any laws regarding the transfer or export of data, personally identifiable information, or software to and from the United States or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Service.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
• To impersonate or attempt to impersonate Virtuoso, a Virtuoso employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
• To make any false, fraudulent, or speculative reservation or booking, or any reservation or booking in anticipation of demand.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Virtuoso or users of the Website or expose them to liability.
Additionally, you agree not to:
• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Website.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.
The Website may contain or feature message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, functions for saving and sharing travel ideas, functions for interacting with ratings and reviews, surveys, sweepstakes, contests, promotions, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.
All User Contributions must comply with the Content Standards set out in these Terms of Service. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You must own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Virtuoso, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Special features and functions of the Website may be offered from time to time (including without limitation, sweepstakes, contests, and other promotions) which may have additional rules, terms, and conditions for participation. If you choose to enter or participate, you will also be bound by any rules, terms, and conditions which are posted for those special features and functions.
Monitoring and Enforcement; Termination
We have the right to:
• Remove or refuse to post any User Contributions for any or no reason in our sole discretion. However, we have no obligation to review User Contributions either before or after posting, and cannot guarantee removal or correction of material that violates these Terms of Service. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for our performance or nonperformance of the activities described in this section.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for Virtuoso.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
• Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Service.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS VIRTUOSO AND ITS AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY VIRTUOSO AND/OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER VIRTUOSO AND/OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote or assist any unlawful act.
• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising (except for the Permitted Uses of Member Agencies and Preferred Suppliers).
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
A person who is a copyright owner or an agent thereof and believes that any content on this Website infringes upon the owner’s copyrights may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Virtuoso’s Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail): (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Virtuoso to locate the material; (4) information reasonably sufficient to permit Virtuoso to contact you, such as an address, telephone number, and, if available, an electronic mail; (5) a statement that the person has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the person submitting the notice is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Virtuoso's designated Copyright Agent to receive notifications of claimed infringement is: Copyright Agent, Virtuoso Corporate Office, 505 Main Street, Suite 500, Fort Worth, Texas 76102 USA, email: firstname.lastname@example.org, fax: +1 (817) 870-1050. If the copyright owner or agent thereof fails to comply with all of the requirements of this Section, the DMCA notice may not be valid.
DIGITAL MILLENNIUM COPYRIGHT ACT COUNTER-NOTICE
If you believe that content you have supplied to the Website that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content, you may send a counter-notice containing the following information to the Copyright Agent: (1) your physical or electronic signature; (2) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (3) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (4) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Tarrant County, Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, Virtuoso may send a copy of the counter-notice to the original complaining party informing that person that Virtuoso may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Virtuoso's sole discretion.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes and is subject to change without notice. WE DO NOT WARRANT THE ACCURACY, TIMELINESS, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION, INCLUDING WITHOUT LIMITATION, INFORMATION CONCERNING AND DESCRIPTIONS OF THE HOTEL, AIR, CRUISE, TOUR, CAR, AND OTHER TRAVEL PRODUCTS AND SERVICES DISPLAYED ON THIS WEBSITE, SUCH AS PRICING, AVAILABILITY, AMENITIES, GENERAL PRODUCT DESCRIPTIONS, AND PHOTOGRAPHS. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information or materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, Member Agencies, Preferred Suppliers, third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Virtuoso, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Virtuoso. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
Online Reservation Requests
, IN ORDER FOR THOSE PARTIES TO FINALIZE THE REQUESTED RESERVATION AND PROCESS YOUR PAYMENT; VIRTUOSO DOES NOT CHARGE THE CREDIT CARD NOR PROCESS PAYMENT. THE RESERVATION IS FINAL ONLY WHEN ACCEPTED AND CONFIRMED BY THE APPLICABLE MEMBER AGENCY’S GLOBAL DISTRIBUTION SYSTEM IN WRITING AND PAYMENT IS PROCESSED.
PAYMENT DISPUTES, CANCELLATIONS, AND/OR SERVICE ISSUES MUST BE REFERRED TO THE APPLICABLE MEMBER AGENCY AND/OR PREFERRED SUPPLIER. ADDITIONAL TERMS AND CONDITIONS OF THE PREFERRED SUPPLIER MAY APPLY. PRICES AND AVAILABILITY ARE SUBJECT TO CHANGE WITHOUT NOTICE. FOR INTERNATIONAL TRAVEL, DUE TO CURRENCY EXCHANGE RATE FLUCTUATIONS, THE AMOUNT QUOTED MAY BE DIFFERENT FROM THE AMOUNT CHARGED TO YOUR CREDIT CARD. YOUR STATEMENT MAY ALSO REFLECT CONVERSION FEES FROM YOUR BANK AND/OR CREDIT CARD COMPANY.
AS INDEPENDENT CONTRACTORS, VIRTUOSO DOES NOT OWN OR CONTROL THE MEMBER AGENCIES NOR THE PREFERRED SUPPLIERS, AND VIRTUOSO IS NOT RESPONSIBLE FOR THEIR ACTS OR OMISSIONS OR ANY INJURIES, DAMAGES, EXPENSES, OR LIABILITIES ARISING THEREFROM. VIRTUOSO IS NOT THE SELLER OR PROVIDER OF ANY TRAVEL PRODUCTS OR SERVICES RESERVED OR BOOKED THROUGH THE WEBSITE AND VIRTUOSO HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF AVAILABILITY, SATISFACTION, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Linking to the Website and Social Media Features
Only Member Agencies and Preferred Suppliers are permitted to link to our homepage in accordance with our branding and advertising guidelines.
This Website may provide certain social media features that enable you to:
• Link from your own or certain third-party websites to certain content on this Website.
• Send e-mails or other communications with certain content, or links to certain content, on this Website.
• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content with which they are displayed, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. We may disable all or any social media features and any links at any time without notice in our discretion.
Links to Other Websites
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience and information only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Virtuoso, Ltd. is based in the United States with headquarters in the State of Texas. Access to the Website may be restricted or prohibited in certain jurisdictions. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with the applicable laws in your jurisdiction.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER VIRTUOSO NOR ANY PERSON ASSOCIATED WITH VIRTUOSO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER VIRTUOSO NOR ANYONE ASSOCIATED WITH VIRTUOSO REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
VIRTUOSO HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL VIRTUOSO, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless Virtuoso, its affiliates, and their respective officers, directors, employees, agents, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, or your use of any services and products and/or information obtained from the Website.
Limitation on Time to File Claims; Governing Law and Jurisdiction
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
All matters relating to the Website and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).
Subject to the immediately following paragraph, any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in the City of Fort Worth and County of Tarrant, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At Virtuoso's sole discretion, we may require you to submit any disputes arising from the use of these Terms of Service or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law.
Waiver and Severability
No waiver of by Virtuoso of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Virtuoso to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Notwithstanding the foregoing or anything to the contrary herein, with respect to users that represent a Member Agency or a Virtuoso Preferred Supplier, other written agreements between the Member Agency or the Preferred Supplier and Virtuoso may exist now or in the future (including without limitation, a Virtuoso Membership Agreement, a Hotel Booking Program Agreement, and/or a Virtuoso Preferred Supplier Agreement). Those written agreements remain in full force and effect and these Terms of Service do not alter or amend those other written agreements. In the event of a conflict between these Terms of Service and the terms of any other written agreements with Virtuoso, Virtuoso is entitled to determine which terms control, in its reasonable discretion.
Your Comments and Concerns
This website is operated by Virtuoso, Ltd., 777 Main Street, Suite 900, Fort Worth, Texas 76102 USA. Feedback, comments, requests for technical support and other communications relating to the Website should be directed to: email@example.com