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PorterEscapes.com - Terms of Use

EFFECTIVE DATE: December 10, 2012

IMPORTANT! YOUR ACCESS AND USE OF THIS WEB SITE IS SUBJECT TO THESE TERMS OF USE. PLEASE READ THESE TERMS OF USE CAREFULLY.

These terms and conditions of use (“Terms of Use”) are a legal agreement between you (“you”, “your”) and Porter Escapes Inc. (“Porter Escapes”, “we, “us”, “our”) and apply to and govern your access to and use of this web site located at www.porterescapes.com (the “Web Site”).

ACCESSING AND USING THE WEB SITE IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS OF USE AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE, YOU MAY NOT USE THE WEB SITE.


PURCHASE OF SERVICES

Your purchase of products and services and your access to certain features and programs made available through the Web Site may be subject to certain additional terms and conditions and may require that you expressly agree to such additional terms and conditions as are applicable to the provision of such access and the purchase of products and services, including Porter Escapes’ reservation and booking terms and the terms and conditions of our suppliers relating to their services made available through www.porterescapes.com.

We act solely as agent for the suppliers identified on accompanying documentation (including material displayed online on the Web Site) whose services are being arranged for you. The travel services provided by suppliers are subject to the terms and conditions contained in the tickets, brochures, exchange orders or vouchers issued by them. Familiarize yourself and your travel companions with the suppliers' 'terms and conditions of sale'.

Suppliers are independent parties over which we have no control. The information and description given about suppliers are based on our inquiries and are believed to be accurate, but we make no warranty or representation in respect thereof. We cannot be responsible for breach of contract, failure to comply with any laws, or any intentional or negligent actions or omissions on the part of such supplier(s), which result in any loss, damage, delay, inconvenience or injury to you, your traveling companions or group members.

All purchases from Porter Escapes, including those completed through the Web Site, are subject to Porter Escapes Terms and Conditions, as amended from time to time, which are available for review at www.porterescapes.com/Travel-Tools/Terms-and-Conditions.


USE OF THE WEB SITE

Porter Escapes grants you a personal, non-exclusive and non-transferable license to access, read, download and print the information and material (including without limitation, all data (including flight related information and pricing), images, graphics, illustrations, designs, icons, photographs, video clips and written and other materials) which is displayed on the Web Site from time to time (“Site Content”) and, to the extent available to do so, use the Web Site to purchase travel products and related goods and services through Porter Escapes online and to access such other related products and services as may be made available through the Web Site from time to time hereafter. You agree that your access to the Web Site and use of any such Site Content is strictly for your personal, private and end-use only. You agree not to provide your personal profile sign-in information and password to any person. You may not use the Web Site, or any of the Site Content appearing on the Web Site from time to time to further any commercial purpose (other than as may be expressly permitted by these Terms of Use). You agree you will not use the Web Site for any purpose that is either unlawful or prohibited by these Terms of Use. Porter Escapes reserves the right to cease the operation of the Web Site at any time for any reason and/or to limit, restrict, suspend or terminate your access to and use of Web Site at any time, without notice or cause.

You may not use any spider, robot or other automated or electronic agent to monitor or copy web pages or any Site Content from the Web Site or for any other purpose in connection with your access to and use of the Web Site. You agree not to take any action or use any program or device that may result in or is intended to interfere with the operation and functioning of the Web Site or to shut down, overload or overwhelm the Web Site. You agree not to obtain or attempt to obtain unauthorized access to any secure part of the Web Site or data available on or through the Web Site to which you are not expressly authorized to access or obtain.

Porter Escapes, in its sole and unfettered discretion, reserves the right, without prejudice to any rights or claims that Porter Escapes may have against you, to refuse service, terminate accounts, and /or cancel orders or reservations for any reason whatsoever, including, without limitation, if Porter Escapes believes that your use of our Web Site contravenes these Terms of Use, violates applicable law or is harmful to Porter Escapes’ interests.


ONLINE TRANSACTIONS

In order to make reservations and purchases through our Web Site you have to be 18 years old or older and you agree to pay for all charges noted on our Web Site as payable by you. For greater certainty, you acknowledge and agree that you are exclusively liable for all obligations incurred as a result of use of this Web Site for the making of any reservations and/or purchases, including those reservations and/or purchases made through this Web Site by persons using your personal profile sign-in information and password.

Porter Escapes makes every effort to ensure that the Content on our Web Site is complete and current. However, Porter Escapes does not guarantee that the information contained on our Web Site will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product or service description or availability. Porter Escapes reserves the right to correct any error, inaccuracy or omission or to change or update the Content without prior notice to you. Further, Porter Escapes reserves the right to refuse or cancel any orders or reservations containing any error, inaccuracy or omission, whether or not the order or reservation has been submitted, confirmed and/or your credit card has been charged. If your credit card has been charged for the purchase and your order or reservation is cancelled as described in this paragraph, Porter Escapes shall promptly issue a credit to your credit card.

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LINKS TO THIRD PARTY SITES

The Web Site may from time to time include links to other web sites or resources, including those operated by parties other than Porter Escapes. These links are provided for your convenience and Porter Escapes is not responsible for the availability of such web sites or resources and does not endorse or accept responsibility for the content of such external web sites or resources and has no responsibility for or control over the privacy policy (if any) of the operators of the external web sites. Your access and viewing of any third party web sites is conducted at your own risk. You are strongly advised to check the terms and conditions of use and the privacy policies of any such linked web sites before entering or making use of them. If you wish to create a link to the Web Site please contact Porter Escapes.


COPYRIGHT

All Site Content is the exclusive property of Porter Escapes, its content suppliers or other third parties and is protected by Canadian and international copyright laws. Except as is expressly permitted by these Terms of Use, any use of the Site Content, including reproduction (whether by copying, caching, framing or similar means), modification, distribution, transmission, republication, display or performance, or replication, without the prior written permission of Porter Escapes is strictly prohibited.


TRADE-MARKS

All product, brand and company names and logos and trade-marks displayed on the Web Site or used in connection with the products and services displayed or referred to on the Web Site are the trade-marks of Porter Escapes or its suppliers or third party licensors. Any use of any of such names, logos or marks appearing on the Web Site without the express written consent of Porter Escapes or the owner of the trade-mark, as applicable, is strictly prohibited.

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PRIVACY POLICY / PROVISION OF INFORMATION BY YOU

Your use of the Web Site and any communication or material you transmit to Porter Escapes or the Web Site through the Web Site or otherwise is also subject to the terms of Porter Escapes’ Privacy Policy as may be amended from time to time and posted on the Web Site. By using the Web Site, You acknowledge that You have read the Privacy Policy, the terms of which are incorporated herein by reference, and agree to abide by those terms. Porter Escapes may from time to time, but is not obligated to, monitor your use of the Web Site and collect, store, use and disclose to others information on the terms and conditions of the Privacy Policy and you hereby consent to such collection, storage, use and disclosure by Porter on the terms specified in the Privacy Policy.


JURISDICTION AND GOVERNING LAW

This Web Site is administered by Porter Escapes from its offices in Canada. These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada without regard to the conflicts of laws principals thereof. You hereby agree and confirm that your use of the Web Site and all of the communications, transmissions and transactions associated with the Web Site shall be deemed to have occurred in the Province of Ontario, Canada and that you irrevocably agree that the courts of the Province of Ontario, Canada as the proper and most convenient forum concerning the Web Site, shall have exclusive jurisdiction to settle any and all disputes arising out of these Terms of Use and you irrevocably submit and attorn to the jurisdiction of the courts of the Province of Ontario, Canada located in the City of Toronto.

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DISCLAIMER

Porter Escapes provides the Web Site and Site Content on an “as is” and “as available” basis and without any representations or warranties of any kind or nature whatsoever, express or implied, including but not limited to (a) . The use of the Web Site is at your own risk. While Porter Escapes makes reasonable efforts to ensure that the Site Content contained on the Web Site is accurate and up-to-date, Porter Escapes does not and cannot guarantee that Site Content (including, without limitation, fare and pricing information, flight schedules, particulars of travel amenities, promotional information or travel restrictions) is accurate or complete or current at all times. Porter Escapes disclaims, and You hereby waive, any and all warranties and liabilities of Porter Escapes, whether express or implied, arising by operation of law or otherwise, with respect to our Web Site or any other internet site linked to our Web Site and any content on our Web Site or any other internet site linked to our Web Site, including, but not limited to, any: (a) Implied warranty of merchantability or fitness for a particular purpose; (b) implied warranty of non-infringement; and (c) any claim in tort (including negligence). All Site Content on any of the Web Site is subject to change or removal at any time without notice, at the sole discretion of Porter Escapes. Without limiting the foregoing, you acknowledge that Porter Escapes does not represent or warrant that this Web Site will be accessible without interruption or that this Web Site or the server that makes this Web Site available are free from errors, defects, design flaws or omissions or from viruses or other harmful components.

On this Web Site, Porter Escapes provides access to travel-related services provided by third parties that Porter Escapes does not control. Porter Escapes is not responsible for breach of contract or any intentional or negligent action on the part of such third party suppliers which results in any loss, damage, delay or injury to you or your travel companions. Porter Escapes does not guarantee any such suppliers' rates, bookings, reservations, connections, scheduling or protection of personal belongings, unless the word "guaranteed" is specifically stated on your tickets, travel itinerary or invoice. Furthermore, Porter Escapes assumes no responsibility for overbooking, cancellation or delays for hotels, airlines or cruises.

Travellers who use the Web Site assume full responsibility for, and hereby release Porter Escapes from any duty of checking or verifying any passport, visa, vaccination or other entry requirements for chosen destinations. Travellers are also fully responsible for verifying all safety and security conditions for each destination. You agree that Porter Escapes is not responsible for any potential risks and hazards associated with travel to destinations listed on the Web Site. Without limiting the generality of the foregoing, Porter Escapes assumes no responsibility for standards of hygiene, cuisine, sanitation, medical treatment or telecommunications services. Nor is Porter Escapes responsible for any political instability, terrorist activity, war, social or labour unrest, civil disturbances, arbitrary changes in government policies, local laws or customs, climatic conditions, methods of conducting business, military activity or emergency evacuation methods. By embarking on travel arranged through, or utilising information contained on, the Web Site, you voluntarily assume the risks associated with such travel.

Porter Escapes shall not be responsible for any damage to or loss of luggage or personal items. PORTER ESCAPES STRONGLY RECOMMENDS THE PURCHASE OF TRAVEL INSURANCE. All incidents of damaged, lost or stolen luggage should be reported in writing directly to your insurance company. You should contact Porter Airlines to find out the maximum luggage and carry-on requirements and allowances, as excess luggage may be subject to additional charges by Porter Airlines.

Some of the Web Site content that refers to transportation, hotel accommodations, restaurants and other services is the property of, and is supplied by, independent suppliers are not be under our control. Porter Escapes does not verify, and does not guarantee, the accuracy of the information that we receive from third party vendors, including suppliers of transportation and accommodations. All information, prices and availability are subject to change without notice.

Porter Escapes cannot and does not guarantee or warrant that the Web Site or any Site Content is compatible with your systems or will be free of viruses, disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your systems.

Although the Web Site may be accessible worldwide, the products or services discussed or referenced on the Web Site may only be made available or applicable to certain geographic locations or where they may be legally offered for sale.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PORTER ESCAPES SPECIFICALLY AND EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, CONCERNING THE ACCESS TO, OPERATION OF AND CONTENT PROVIDED ON THE WEB SITE INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. PORTER ESCAPES MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, CORRECTNESS, INTEGRITY, RELIABILITY, CURRENCY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY OR OPERATION OF THE WEB SITE OR THE SITE CONTENT PROVIDED ON, OR ACCESSIBLE FROM, THE WEB SITE. PORTER ESCAPES DOES NOT WARRANT THAT THE OPERATION OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS CAN OR WILL BE CORRECTED. PORTER ESCAPES IS NOT RESPONSIBLE FOR ERRORS OR DELAYS IN, OR THE SECURITY OF INFORMATION VIA, TRANSMISSIONS OVER THE INTERNET.

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LIMITATION OF LIABILITY

IN NO EVENT WILL PORTER ESCAPES OR ANY OF ITS DIVISIONS OR AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, EQUITY, STRICT LIABILITY, PATENT OR COPYRIGHT INFRINGEMENT OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY AND PUNITIVE DAMAGES, LOSS OF PROFITS, IN CONNECTION WITH THE USE OF, OR THE INABILITY TO MAKE USE OF, THE WEB SITE OR THE USE OF OR RELIANCE ON ANY CONTENT OR OTHER INFORMATION CONTAINED ON THE WEB SITE, WHETHER OR NOT PORTER ESCAPES OR ANY OF ITS DIVISIONS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE TO USE THE WEB SITE. TO THE EXTENT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON SOME CATEGORIES OF DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT A COURT OF COMPETENT JURISDICTION HAS FOUND PORTER ESCAPES LIABLE TO YOU FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OR INABILITY TO USE THE WEB SITE, THEN THE TOTAL AGGREGATE LIABILITY OF PORTER ESCAPES TO YOU SHALL NOT EXCEED TEN DOLLARS ($10.00). Some jurisdictions prohibit the exclusion or limitation of liability for certain types of damages, in which case the above limitation may not apply to you.


INDEMNIFICATION

You agree to defend, indemnify and hold Porter Escapes, its divisions and affiliates and all of their respective directors, officers, employees, agents harmless from and against any and all claims, damages, actions, demands, losses, liabilities, costs and expenses, including reasonable attorney’s fees, brought by or on your behalf, alleging or resulting, directly or indirectly, from or related to or in any connection with: your browsing or use the Web Site; any content or information you transmit to Porter Escapes through the Web Site or otherwise; your violation of any rights of another person; or your breach of these Terms of Use.

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REVISIONS TO TERMS OF USE

Porter Escapes reserves the right to modify these Terms of Use at any time by posting amended Terms of Use on the Web Site. It is your responsibility to review these Terms of Use regularly and you are deemed to be aware of such amendments. If you do not agree to the amended Terms of Use, you shall immediately stop accessing and using the Web Site. Your continued use of the Web Site after such amendments have been posted shall constitute your acknowledgement and acceptance of the amended Terms of Use. No supplement, modification or amendment to these Terms of Use proposed by you shall be binding on Porter Escapes unless agreed to by Porter Escapes in writing.


ENGLISH LANGUAGE

English shall be the language of the Web Site, and all contents, information and communication in connection with the Web Site, and the parties waive any right to use and rely upon any other language or translations.

Il est la volonté express des parties que le présent site internet et tous les documents, informations et communications qui s'y rapportent soient rédigés en langue anglaise, exception faite des documents pour lesquels la loi exige l'usage exclusif du français.


GENERAL

These Terms of Use may be assigned by Porter Escapes to any other person in Porter Escapes’ discretion. You may not assign these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. No waiver of any provision of the Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision. All waivers by Porter Escapes must be in writing. These Terms of Use together with the Privacy Policy are the entire agreement between Porter Escapes and you concerning your access to and use of the Web Site, subject to any other agreements entered into by you and Porter Escapes concerning the purchase of products and services on or through this Web Site. These Terms of Use shall continue to be in force (subject to amendment as provided above) unless and until terminated by Porter Escapes, which Porter Escapes may elect to do in its discretion at any time without notice to you.

These Terms of Use shall be deemed severable. In the event that any provision of the Terms of Use is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed writing as against the parties subject to the electronic documents. A printed version of the Terms of Use and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

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