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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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