This Agreement is between You and About the Journey, LLC (“ATJ”). Your use of the aboutthejourney.com (“Website”) is governed by these Terms and Conditions. Acceptance of these Terms and Conditions is a requirement of use.
Use of the Website:
Use of this Website is conditioned upon you warranting that
We reserve the right, at our sole option and discretion, to deny service or access to the Website at any time and for any or no reason.
The Information, Software, Products and Services published on this Website may include inaccuracies or errors, including pricing errors. In particular, ATJ does not guarantee the accuracy of, and disclaims all liability for any errors or other inaccuracies relating to the information and description of the hotel, air, cruise, car and other travel products and services displayed on this Website (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.). In addition, ATJ expressly reserves the right to correct any pricing errors on our Website and/or reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your reservation at the correct price or we will cancel your reservation without penalty.
ATJ makes no representations about the suitability of the information, software, products and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by ATJ. All such information, software products, and services are provided “as is” without warranty of any kind. ATJ disclaims all warranties and conditions that this Website, its servers or any email sent from the ATJ are free of viruses or other harmful components. ATJ hereby disclaims all warranties and conditions with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.
The suppliers providing services on this Website are independent contractors and not agents or employees of ATJ. ATJ, its officers, members, and employees, are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. ATJ has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.
In no event shall ATJ be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products and services obtaining through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if ATJ has been advised of the possibility of such damages.
If, despite the limitation above, ATJ is found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of ATJ will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to ATJ in connection with such transaction(s) on this Website, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms & Conditions is found to have failed of its essential purpose. The limitations of liability provided in these Terms & Conditions inure to the benefit of ATJ, its officers and employees, successors, and assigns.
Software Available on the Website; Intellectual Property
Any software or content that we make available to download from this Website or otherwise view in a web browser or in any other medium ("Software”) is the copyrighted work of ATJ and/or our respective suppliers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, non- exclusive, nontransferable license to download, install and use the Software for viewing and otherwise using this Website (including, without limitation, price and availability of travel services) in accordance with these Terms & Conditions and for no other purpose.
Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Website, is owned by ATJ, and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Any materials provided to ATJ by suppliers has been done so under license granted by that supplier and with the intent that such license shall inure to the benefit of ATJ. You agree not to cause that license to be violated, and any attempt to do so shall be prosecuted.
Any comments, including reviews, posted by any user shall remain the intellectual property of the user, by posting said comment, the user shall grant to ATJ an unlimited, perpetual, royalty-free, transferrable, irrevocable, and sub-licensable, global license for use in any media now in existence or in the future, including but not limited to the internet, television, and/or print. Furthermore, by submitting any comments, the user posting shall waive all “moral rights,” including without limitation, the right to attribution. ATJ shall bear no liability for the content of user-submitted comments, including but not limited to the accuracy thereof.
Unless otherwise stated, the Website is © 2021 About the Journey, LLC
These Terms & Conditions are governed by the Federal Arbitration Act, federal arbitration law, and for reservations made by U.S. residents, the laws of the state in which your billing address is located, without regard to principles of conflicts of laws. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this paragraph.
This Website is not to be used by residents or citizens of any country where its use would cause ATJ to be subject to the European Union General Data Protection Regulation.
You agree that no joint venture, partnership, or employment relationship exists between you and ATJ as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use.
If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
This Agreement (and any other terms and conditions or policies referenced herein) constitutes the entire agreement between you and ATJ with respect to this Website, our services and your dealings and relationships with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial, arbitration or any other administrative proceedings 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 by ATJ.
In the event of a legal communication, notice to ATJ shall go to: email@example.com
Notice to users shall go to the most recent address given by the user.