|Terms and Conditions|
1. USER CONDUCT
yourbooking booking system accounts may only be used for lawful purposes. Any use of these services which violates any local, state, federal, or international laws which may apply to yourbooking, your local jurisdiction, or any jurisdiction that you, your site, or your sales area may be subject to is strictly prohibited.
While using the service, you may not:
You agree to indemnify, defend, and hold harmless yourbooking from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, yourbooking, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account.
3. REFUSAL OR DISCONTINUANCE OF SERVICE
yourbooking reserves the right to refuse or discontinue service to anyone at yourbooking's sole discretion. yourbooking may deny you access to all or part of the service without notice if you engage in any conduct or activities that yourbooking in its sole discretion believes violates any of the terms and conditions in this agreement. yourbooking shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that yourbooking has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself, its subscribers, or consumers of products or services sold via the shopping cart service. yourbooking reserves the right to refuse to facilitate sales of any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement.
4. NO WARRANTIES
yourbooking makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, noninfringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by yourbooking or its agents or employees shall create a warranty. yourbooking provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on or via the service is free from viruses or other harmful components. Under no circumstances shall yourbooking be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, Booking Service, any other service we supply or are associated with, to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with yourbooking service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.
You assume total responsibility and risk for your use of yourbooking servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality of your service provided through yourbooking or on the Internet generally.
yourbooking will provide you a reasonable amount of technical support to assist you in integration of the yourbooking shopping cart service into your website. You understand that the level, duration, and hours of availability of the support provided is determined at the sole discretion of yourbooking, and that providing any support does not constitute a warranty of any sort, nor does it warrant that you will successfully complete the integration of the yourbooking shopping cart service into your website.
5. ECPA NOTICE
yourbooking reserves the right to monitor any and all communications through or with our facilities. You agree that yourbooking is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.
6. IDENTIFICATION INFORMATION
You agree that you as the person legally responsible for use of this account, are at least 18 years of age. You agree to supply yourbooking with a current and truthful company name and email address for our records, and you have a continued obligation to keep this information current.
You agree to inform yourbooking in advance of any substantive changes in the nature of the commerce facilitated via your yourbooking, and understand that implementing such changes may cause yourbooking at its sole discretion to discontinue your service if such changes would cause violation of this agreement.
7. NO INTERFERENCE WITH OPERATION OF SYSTEM
You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other customers. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to follow the Acceptable Use Policy of any network or service you connect to.
You agree to adhere to system policies as published online by yourbooking, including restrictions on account usage, services available with your account, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of service at yourbooking. You agree to abide by any and all future yourbooking policy decisions.
You agree that the security of your account password is solely your own responsibility. You further agree that if you believe that your account password has been compromised in any way, you will notify yourbooking immediately via email to firstname.lastname@example.org and in writing by registered mail, return receipted, to yourbooking, 31 St Andrews Drive, Perton, Wolverhampton, West Midlands, WV6 7YL, United Kingdom. You shall be held fully responsible for any misuse or compromise to your account for which yourbooking is not properly notified. You agree that if any security violations are believed to have occurred in association with your account, yourbooking has the right to suspend all access to the account pending an investigation and resolution. You also agree that yourbooking has the right to cooperate in any government or legal investigation regarding any aspect of our services, including services sold to you.
9. BACKUP OF DATA
Your use of the service is at your sole risk. yourbooking is not responsible for booking data or account configuration data residing on our servers. Any storage of such is strictly for your convenience, and you recognize your obligation to maintain your sales and order data on your own computer systems. You agree to securely retrieve via SSL encryption the final portion of order credit card numbers promptly after receiving emailed notification of orders, and to make daily checks of the yourbooking webpage for retrieving secure data. If any bookings are indicated on that page and you do not have all pertinent information stored on your own system, you agree to promptly take action to download or remail such data. You specifically agree that yourbooking is not responsible for storage of booking data of any type whatsoever for any amount of time.
You further agree that yourbooking has the right at its sole discretion to purge any and all booking data stored on yourbooking servers without notice and to whatever degree deemed necessary by yourbooking to free up space on our servers.
10. TRANSMITTAL OF MATERIALS
You agree not to transmit unsolicited or prohibited advertising or other harassing or illegal materials through electronic mail, Usenet postings, or other Internet media. The use of yourbooking or any other service with reference to services obtained through yourbooking, for unsolicited mass mailings, postings, or other activities considered an annoyance to others, commonly referred to as "spamming" is strictly prohibited and may cause your services to be terminated immediately and without warning and you will be held fully responsible for any damages to you, yourbooking, or any other party or parties resulting from any such conduct.
11. PRIOR AGREEMENTS
This agreement supersedes any written, electronic, or oral communication you may have had with yourbooking or any agent or representative thereof, and constitutes the complete and total agreement between the parties.
If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
13. TERMINATION OF AGREEMENT
The provisions of Section 2 (INDEMNIFICATION) and Section 4 (NO WARRANTIES) shall survive any termination of this agreement.
14. APPLICABLE LAW, JURISDICTION, AND SERVICE
This agreement shall be governed by the applicable laws of the United Kingdom. Customer agrees to accept service of process related to this agreement by ordinary mail, postage prepaid, to the most recent address provided by Customer.
By creation of an account, or continuing to maintain an account on yourbooking servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.
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