User Agreement

November 2006

This User Agreement governs the use of Tripaddiction.com. Links to this agreement are provided at the bottom of each Tripaddiction.com web page.

Please read this User Agreement carefully. Using Tripaddiction.com constitutes your acceptance of the terms and conditions outlined in this User Agreement.

If you do not agree with the terms and conditions outlined here, please do not use TripAddiction.com as a resource.

1. ACCEPTANCE OF AGREEMENT. You agree to the terms and conditions outlined in this User Agreement ("Agreement) with respect to Tripaddiction.com (the "Site"). This agreement constitutes the entire and only agreement between you and us, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site, the content, products, or services provided by or through the Site, and all the subject matter of this Agreement. This Agreement may be amended at any time from time to time without specific notice to you. The latest Agreement will be posted on this page and you should review this Agreement prior to using the Site.

2. COPYRIGHT. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, use, or publication by you of any such matters or any part of the Site, except as allowed by Section 4 of this Agreement, is strictly prohibited. You do not acquire ownership right to any content, document, or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

3. TRADEMARKS. Saunders Ottersen LLC is the registered owner of the trademark Tripaddiction. Other product and company names mentioned on this Site may be trademarks of their respective owners.

4. LIMITED RIGHT TO USE. The viewing, printing, or downloading of any content, graphic, form, or document from the Site grants you only a limited nonexclusive license for use solely by you and not for republication, distribution, assignment, sublicense, sale, or preparation of derivative works, for any other purpose. No part of any content, form, or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for you as a user.

5. EDITING, DELETING, AND MODIFICATION. We reserve the right in our sole discretion to edit or delete any documents, information, or other content appearing on the Site.

6. INDEMNIFICATION. You agree to indemnify, defend, and hold us and our officers, directors, shareholders, partners, attorneys, staff, and affiliates (collectively "Affiliated Parties") harmless from any liability, loss, claim, and expense, including reasonable attorneys' fees, related to your violation of this Agreement or use of the Site.

7. DISCLAIMER AND LIMITS. THE INFORMATION FROM OR THROUGH THE SITE IS PROVIDED "AS IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. OUR AFFILIATED PARTIES AND WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN ANY ELECTRONIC FILE IN OR IN ANY WAY CONNECTED OR LINKED TO OUR SITE IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM THE USE OR INABILITY TO USE OUR SITE.

8. USE OF INFORMATION. We reserve the right, and you authorize us, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

9. THIRD-PARTY SERVICES. We allow access to third-party travel product and service supplier sites ("Suppliers") from which you may purchase certain good or services. You understand that we do not operate or control the products or services offered by Suppliers. Suppliers are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and Suppliers. You agree that use of such Suppliers is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED, OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND SUPPLIERS OR FOR ANY INFORMATION APPEARING ON SUPPLIER SITES OR ANY OTHER SITES LINKED TO OUR SITE.

10. THIRD-PARTY SUPPLIER POLICIES. All rules, policies (including privacy policies) and operating procedures of Suppliers will apply to you while on such sites. We are not responsible for information provided by you to Suppliers. The Suppliers and we are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

11. PRIVACY POLICY. Our Privacy Policy, as it may change from time to time, is a part of this Agreement. To review it, click here.

12. PAYMENTS. You represent and warrant that if you choose to advertise on Tripaddiction.com, and prefer to pay by credit card, that: (a) any credit information you supply is true and complete; (b) charges incurred by you will be honored by your credit card company; and (c) you will pay the charges incurred by you at the posted priced, including any applicable taxes.

13. LINKS TO OTHER WEBSITES. The Site contains links to other web sites. We are not responsible for the content, accuracy, or opinions expressed in such web sites, and such web sites are not investigated, monitored, or checked for accuracy or completeness by us. Inclusion of any linked web site on our Site does not imply approval or endorsement of the linked web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

14. COPYRIGHTS AND COPYRIGHT AGENTS. We respect the intellectual property rights of others and ask you to do the same. If you believe your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the information required by the Online Copyright Infringement Liability Limitation Act. Our Copyright Agent for Notice of claims is: Virginia Saunders, Saunders Ottersen, LLC; 3829 Bowsprit Circle, Westlake Village, CA 91361.

15. MISCELLANEOUS. This Agreement shall be treated as though it were executed and performed in Boise, Idaho, and shall be governed by and construed in accordance with the laws of the state of Idaho (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, products, or service related thereto) must be instituted within one (1) year after the cause of action arose or forever be waived and barred. All actions shall be subject to the limitations set forth in Section 8 and Section 10. The language in this Agreement shall be interpreted as in accordance with its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Boise, Idaho. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.