Terms and Conditions
This Website and the services of WorldVia Connect (the "Services") are offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the "Terms and Conditions"). Your use of this Website or submission of service requests via telephone constitutes your agreement to all such terms, conditions, and notices in effect at such time. These Terms and Conditions apply to any Services or properties such as websites or apps owned and operated by WorldVia (including but not limited to worldvia.com, agents.worldvia.com, connect.worldvia.com, the WorldVia Connect app, etc.) and collectively referred to herein as "WorldVia Connect," on which a link to these Terms & Conditions appears. If you have any questions regarding these Terms & Conditions, you may contact us at www.WorldVia.com. We may amend these Terms & Conditions at any time by posting a revised version of these Terms and Conditions. These Terms & Conditions were last updated on August 20, 2018.
INTRODUCTION TO WORLDVIA CONNECT
Upon registration, you may choose your own password or WorldVia Connect will assign you a password to access the Services through the WorldVia Connect website or apps.
We are committed to making your total WorldVia Connect experience a positive one. There are several ways you can find travel agents through WorldVia Connect who will assist you with travel reservations and ticketing (collectively, "Travel Agents"). You may request a Travel Agent connection through a general contact form, TravelProConnect, and WorldVia Connect will match you with up to four Travel Agents. You may also select or search for individual Travel Agents from our Live Agent Directory, a directory of Travel Agent members along with their ratings and reviews.
Travel Pro Connect. Upon entering your information and the request for which you would like a Travel Agent, we will attempt to match you with up to four Travel Agents, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Travel Agent or that there are Travel Agents that are either capable or willing to complete your service needs.
Live Agent Directory. You can view a directory of Travel Agents based on your location or a variety of specialties who provide travel services in the travel categories that you select. These listings include ratings and reviews of those Travel Agents from their customers, when available.
Instant Connect. With Instant Connect, you can request that WorldVia Connect connect you with a Travel Agent by phone immediately. If you request, WorldVia Connect will search for a Travel Agent and connect you with them by phone.
Instant Booking. You can choose to schedule appointments with certain of our Travel Agents right on the WorldVia Connect website. Please be aware that WorldVia Connect does not guarantee that the Travel Agents will be on time for, or show up for, any such booked appointments, as the Travel Agents may not be the employees, contractors or agents of WorldVia Connect. WorldVia Connect is solely providing the platform to facilitate scheduling of appointments between you and the Travel Agents.
No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Travel Agents listed on our website or whom you may book with using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings of such Travel Agent or the quality of the job that he or she may perform for you if you elect to retain their services. WorldVia Connect does not endorse or recommend the services of any particular Travel Agent. Except as set forth below in Paragraph 11 and Paragraph 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Travel Agent and the Travel Agent's qualifications, and to enter into a direct contract or otherwise reach agreement with a Travel Agent. We do not guarantee or warrant any Travel Agent's performance on the job or the outcome or quality of the services performed. The Travel Agents are not employees or agents of WorldVia Connect, nor is WorldVia Connect an agent of the Travel Agents, except as specified in Paragraph ##.
No Contracting via the WorldVia Connect Website. WorldVia Connect may inform you of certain offers or discounts provided by a Travel Agent. Such offers or discounts are made solely by the Travel Agent, and WorldVia Connect does not guarantee or warrant the pricing or discounts that a Travel Agent may offer you. Any quotes provided by Travel Agents via the WorldVia Connect or apps, or which you find on the WorldVia Connect or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via WorldVia Connect. No contractual arrangement is created based upon the quotes provided to you from Travel Agents (or your scheduling of an appointment with a Travel Agent) via WorldVia Connect. To contract with a Travel Agent, you must work directly with the Travel Agent. WorldVia Connect does not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Travel Agents are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. WorldVia Connect is not a party to such agreements. All payments and applicable taxes must be made to the Travel Agent in accordance with the agreements.
Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Travel Agent or the fees charged by any Travel Agent, you must address such dispute with the Travel Agent directly (although you may copy WorldVia Connect on the fee disputes). YOU HEREBY AGREE TO RELEASE WorldVia Connect (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH TRAVEL AGENTS.
YOUR USE OF THE WORLDVIA CONNECT SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of WorldVia Connect is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect WorldVia Connect content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use WorldVia Connect to recreate or compete with WorldVia Connect, to solicit or harass Travel Agents, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to WorldVia Connect for any such damages, and will indemnify WorldVia Connect in the event of any claims against WorldVia Connect based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any WorldVia Connect Services, products or properties at any time. All information about Travel Agents is confidential and for your personal use only. If it is determined or suspected by WorldVia Connect in its sole discretion that you are misusing or attempting to misuse or circumvent the WorldVia Connect services or system, or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming, WorldVia Connect reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
We may allow you to pay for goods or services provided by Travel Agents, through the WorldVia Connect website, apps, or services. Should you have any dispute with the goods or services provided by the Travel Agent(s) you select, as set forth in in Section 2, #7, you must contact the Travel Agent and resolve such dispute with the Travel Agent. However, if the dispute is regarding the amount of money that you paid for the services by the Travel Agent (including that you were not charged the amount you agreed to in your agreement with the Travel Agent) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Travel Agent services, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law.
INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using WorldVia Connect, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Travel Agents who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Travel Agents via phone, fax, email, mail, text (SMS) messaging, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize WorldVia Connect to send you an automated prerecorded call confirming your service request, along with calls from up to four Travel Agents that can help you with your request to the land-line or mobile phone number you provided, and you understand that either WorldVia Connect or the Travel Agents may use automated phone technology (including autodialed and prerecorded messages) to call you and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with WorldVia Connect and/or a Travel Agent and thus agree to be contacted by WorldVia Connect and/or a Travel Agent. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Travel Agents that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or WorldVia Connect has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WorldVia Connect has the right to refuse any current or future use of the WorldVia Connect Services (or any portion thereof) by you. You are responsible for any use of the WorldVia Connect Services by persons to whom you intentionally or negligently allow access to your password.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO WORLDVIA CONNECT AND THE TRAVEL AGENTS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO WORLDVIA CONNECT AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF WorldVia Connect AND EACH OF THE AFFECTED TRAVEL AGENTS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.
DISPUTE RESOLUTION ASSISTANCE
While we cannot guarantee the work performed by a listed Travel Agent, and while we have no obligation to you with regard to your relationship with a Travel Agent, the WorldVia Connect resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a travel services project with a Travel Agent who you learned about through the WorldVia Connect Services. Without modifying our statements under this Agreement, we may, upon your request, provide limited assistance in resolving disputes between you and a Travel Agent. You must participate and use good faith efforts to resolve problems through the WorldVia Connect resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Travel Agent without a good faith basis for doing so. You agree that WorldVia Connect is not responsible for the accessibility or unavailability of any Travel Agent or for your interactions and dealings with a Travel Agent.
You acknowledge and agree that WorldVia Connect may monitor and/or record any telephone calls between you and WorldVia Connect and/or the Travel Agents.
USER GENERATED CONTENT
You agree that all of the content and information posted by you or your agents or designees on WorldVia Connect, including but not limited to:
Photographs or Images,
Comments, Questions and/or Answers,
Any other content
(known collectively as "Content") is the sole and exclusive property of WorldVia Connect, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request.
Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
Grant of License. You hereby grant WorldVia Connect and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the WorldVia Connect and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
Representation of Ownership and Right to Use Content. By posting or providing any Content to WorldVia Connect, you represent and warrant to WorldVia Connect that you own or have all necessary rights to use the Content, and grant to WorldVia Connect the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
Content Guidelines. WorldVia Connect reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any WorldVia Connect owned or operated websites or apps if WorldVia Connect determines (in its sole discretion) that such content contains or features any of the following:
Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
References to illegal activity.
Language that violates the standards of good taste or the standards of this Site.
Statements that are or appear to be false.
Comments that disparage WorldVia Connect.
With respect to Ratings and Reviews of Travel Agents, all of the above and in addition the following:
Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
Comments concerning a different Travel Agent.
Information not related to work requested in the service request.
If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a Travel Agent that has performed services for you pursuant to your applicable service request.
TRAVEL AGENT PRE SCREENING PROCEDURES AND DISCLAIMERS
WorldVia.com does not screen the Travel Agents who list on the site. WorldVia Connect relies on representations of Travel Agents. We always recommend that you ask the Travel Agent to provide you with a copy of any business or other licenses that may be required in your locale.
State Business Filings - For Travel Agents that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
Criminal Records Search - We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal activity associated with the owner/principal of the business, within the three years prior to such Travel Agent's application for membership in the WorldVia Connect network and every two years thereafter. WorldVia Connect's third-party vendor uses a national criminal database ("NCD") to screen our Travel Agents. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
Sex Offender Search - We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
Identity Verification (Social Security Number) - WorldVia Connect verifies the social security number of the business owner/principal to confirm their identity. (This applies primarily to small businesses.)
Legal Search for Civil Judgments - We use third party data sources to check, within the 12 months prior to the Travel Agent's application for membership in the WorldVia Connect network, for significant state-level civil legal judgments or liens entered against the owner/principal by business customers and for bankruptcy filings by or against the owner/principal, in the state in which the owner/principal of the company is located.
WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE TRAVEL AGENT (E.G. NAME OF OWNER, BIRTHDATE, SOCIAL SECURITY NUMBER)
NOTE: WORLDVIA CONNECT PERFORMS SCREENING SOLELY AT THE TIME THE TRAVEL AGENT APPLIES FOR MEMBERSHIP IN THE WORLDVIA CONNECT NETWORK, AND EVERY TWO YEARS THEREAFTER, AND THEREFORE A TRAVEL AGENT'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, WORLDVIA CONNECT CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. WORLDVIA CONNECT IS UNDER NO OBLIGATION TO UPDATE A TRAVEL AGENT'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A TRAVEL AGENT YOU VERIFY THAT INFORMATION PRESENTED IN THE TRAVEL AGENT'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts: Some Travel Agents are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, WorldVia Connect does not screen the Corporate Accounts or Corporate SP's.
Travel Agents Profiles: WorldVia Connect allows Travel Agents to post profiles about themselves and their business on the WorldVia Connect site or apps. WorldVia Connect does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Travel Agent. WorldVia Connect therefore makes no representations or warranties regarding any information posted by a Travel Agent, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of WorldVia Connect. WorldVia Connect believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the WorldVia Connect network. WorldVia Connect does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that WorldVia Connect checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
DISCLAIMER: WORLDVIA CONNECT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.
RATINGS & REVIEWS ARE NOT ENDORSED BY WORLDVIA CONNECT.COM
All Ratings and Reviews of a Travel Agent displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of WorldVia Connect. WorldVia Connect disclaims any and all representations or warranties with regard to the Ratings and Reviews. WorldVia Connect does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.
ARTICLES AND OTHER CONTENT
WorldVia Connect provides certain content relating to travel ("Articles"), on the WorldVia.com, WorldVia Connect site or apps, and via mobile applications owned and operated by WorldVia. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional.
LINKS TO THIRD PARTY SITES
The links in the WorldVia Connect site or apps will let you leave WorldVia Connect's Web site. The linked sites are not under the control of WorldVia Connect and WorldVia Connect is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. WorldVia Connect is not responsible for webcasting or any other form of transmission received from any linked site. WorldVia Connect is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by WorldVia Connect of the site.
THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
WorldVia Connect respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at hello@WorldVia.com.
NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the WorldVia Connect server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of WorldVia Connect. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the WorldVia Connect or apps or any other WorldVia Connect owned, operated, licensed or controlled site. Elements of the WorldVia Connect or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any WorldVia Connect web Site may be copied or retransmitted unless expressly permitted by WorldVia Connect. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. WORLDVIA CONNECT AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WORLDVIA CONNECT AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE WORLDVIA CONNECT WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WORLDVIA CONNECT AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
YOU AGREE TO INDEMNIFY WORLDVIA CONNECT, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND ANY PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE WORLDVIA CONNECT SERVICES IN CONNECTION WITH THE WORLDVIA CONNECT WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A TRAVEL AGENT, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
The exclusive means of resolving any dispute between you and WorldVia Connect or any claim or controversy arising out of or relating to use of this Website and/or WorldVia Connect's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against WorldVia Connect any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
By using the Website and/or WorldVia Connect's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and WorldVia Connect. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against WorldVia Connect may be commenced only in the federal or state courts located in Fulton County, Georgia. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
These Terms and Conditions, and any dispute between you and WorldVia Connect, shall be governed by the laws of the state of Georgia without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
You acknowledge and agree that the WorldVia Connect Services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and WorldVia Connect's sole obligation to you or any third party for any claim arising out of your use of the WorldVia Connect Services or the WorldVia Connect or apps, is that you are free to discontinue your use of the WorldVia Connect Services or the WorldVia Connect or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WorldVia Connect EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT WorldVia Connect SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF WorldVia Connect HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of WorldVia Connect's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of WorldVia Connect to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Georgia as such laws are applied to agreements entered into and to be performed entirely in the State of Georgia and between Georgia residents. You agree to submit to jurisdiction in Georgia and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Fulton County, Georgia. These Terms and Conditions constitute the entire agreement between you and WorldVia Connect and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
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