Please read these terms carefully prior to using the Rex Travel web site.
By using this site, you indicate your acceptance of the terms below. If you do not accept or agree to these terms, do not use the site. Rex Travel may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the web site shall be deemed your conclusive acceptance of the modified agreement.
The Rex Travel Web Site (the "Web Site") is an online travel information service provided by Rex Travel (with content provided by Online Travel Content, Inc.), subject to your compliance with the terms and conditions set forth below.
RESTRICTIONS ON USE OF MATERIALS.
Any copying, redistribution, retransmission or publication of any downloaded material or site content, is strictly prohibited without the express written consent of Rex Travel or Online Travel Content, Inc.
Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting travel products available from Rex Travel. This site is controlled and operated by Online Travel Content, Inc. for Rex Travel from its offices within the State of Illinois, United States of America. Rex Travel nor Online Travel Content, Inc. make no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls.
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Any information provided to Rex Travel shall be provided by the submitter and received by Rex Travel on a non-confidential basis. Rex Travel shall be free to use such information on an unrestricted basis. All submissions, comments, ideas, and correspondence become the property of Rex Travel. You agree to grant to Rex Travel a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to public areas of the web site (such as the Travelogues, Request Forms, chat rooms, polls) by all means and in any media now known or hereafter developed. You also grant to Rex Travel the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Rex Travel for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.
Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by Rex Travel. Rex Travel cannot and does not screen content provided by users of the web site. Notwithstanding the foregoing, Rex Travel reserves the right to monitor content on the web site and to remove content which Rex Travel, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of these Operating Policies. In order to maintain an informative and valuable service that meets the needs of the users of the web site and avoids the harm that can result from disseminating statements that are false, malicious, violate of the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse:
1. You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program which is indecent, obscene or pornographic.
2. You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
3. You may not interfere with other users use of the web site.
4. You may not post or transmit any file which contains viruses, worms, "Trojan horses" or any other contaminating or destructive features.
5. You may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not the web site's intent to discourage you from taking controversial positions or expressing vigorously what may be unpopular views; however, Rex Travel reserves the right to take such action as it deems appropriate in cases where the web site is used to disseminate statements which are deeply and widely offensive and/or harmful.
6. You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users of the web site for goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
7. You may not use the facilities and capabilities of the web site to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others.
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LIMITATION OF WARRANTY AND DISCLAIMERS
In no event shall Rex Travel be liable for any damages whatsoever, and in particular Rex Travel shall not be liable for special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to any Rex Travel Web Site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise. You also understand that Rex Travel cannot and does not guarantee or warrant that files available for downloading through the Service will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the web site for the reconstruction of any lost data.
You assume total responsibility and risk for your use of the Web Site and the Internet. Rex Travel does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Web Site, any merchandise, information or service provided through the Web Site or on the Internet generally, and Rex Travel shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advise, services, merchandise and other information provided through the Web Site or on the Internet generally. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
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CONTENT AND LIABILITY DISCLAIMER
Rex Travel shall not be responsible for any errors or omissions contained at this Web Site, and does not warrant that defects in the web site will be corrected. Rex Travel reserves the right to make changes without notice and disclaims any responsibility for providing notice of such changes. In addition, Rex Travel has no liability to make changes to existing product(s) and /or content. Rex Travel does not warrant that the web site will be uninterrupted. Accordingly, all Rex Travel and third party information is provided on an "AS IS, AS AVAILABLE" basis without warranties OF ANY KIND.
In no event will Rex Travel be liable for (1) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use or of inability to use the web site, or any information, or transactions provided on the web site or downloaded from the web site, even if Rex Travel or its authorized representatives have been advised of the possibility of such damages, or (2) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the web site.
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You agree to indemnify, defend and hold harmless Rex Travel or Online Travel Content, Inc, their officers, directors, employees, agents, licensors, suppliers and any third party information providers to the web site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement or any activity related to your submissions to the web site (including negligent or wrongful conduct).
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This Agreement shall all be governed and construed in accordance with the laws of the State of Illinois, United States of America. You agree that any legal action or proceeding between Rex Travel and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Illinois. Any cause of action or claim you may have with respect to the web site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Rex Travel's or Online Travel Content's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Rex Travel or Online Travel Content may assign its rights and duties under this Agreement to any party at any time without notice to you. If any provision or portion of this Conditions of Use shall be invalid or unenforceable for any reason, it is understood and agreed that such invalidity or unenforceability of any provision or portion of the Conditions of Use shall not affect the validity or enforceability of the other provisions or portions of this Conditions of Use.
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COPYRIGHT NOTICE. Copyright 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005 by Online Travel Content, Inc. The copyrighted content of this site is intended for the sole use of Rex Travel and/or its suppliers, 100 N. LaSalle, Suite 2010, Chicago, IL 60602
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TRADEMARKS. Rex Travel, the Rex Travel logo, are trademarks of Rex Travel in the United States and other countries. Microsoft and Windows are registered trademarks of Microsoft Corporation. Other product and company names mentioned herein are the trademarks of their respective owners.
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