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TERMS AND CONDITIONS

Web Services and Acceptable Use Agreement

Welcome to this gestation.travel and gestation.com Web Sites (the "Site"). The sponsor of gestation.travel and gestation.com together with its subsidiaries and affiliates (collectively, " Sponsor") provide you access and use of this Site subject to your compliance with the terms and conditions set forth below, including all documents, policies and guidelines incorporated herein (the "Agreement"). PLEASE READ THIS AGREEMENT CAREFULLY. When accessing, browsing or using this Site you agree to be bound by the terms and conditions described herein and all documents, policies and guidelines incorporated by reference. Sponsor reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy or guideline referenced herein at any time and in its sole discretion. If the Agreement is changed, we will post the new terms on the Site and change the version number accordingly. Any changes or modifications will be effective upon posting of the new Agreement on the Site as revised, and your access to and use of the Site following the posting of such changes or modifications will constitute your acceptance of the Agreement as revised.

License and Site Access

Sponsor grants you a limited license to access and make personal, non-commercial use only of the Site. Any other copying, redistribution, retransmission or publication of any downloaded material is strictly prohibited. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product or service listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Sponsor or any third party.

You may not use, frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page). Further, you may not use any meta tags or any other "hidden text" utilizing Gestation Inc. Any unauthorized use of this Site will terminate the permission or license granted herein and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.

Copyright

All content, copyrighted and copyrightable materials on this Site, including, without limitation, the Gestation Inc. logo, design, text, graphics, pictures, sound files and other files, and the selection and arrangement thereof ("Materials") are ALL RIGHTS RESERVED Copyright 2002 Sponsor and/or its licensors. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise. Permission is granted to display, copy, distribute and download the Materials on this Site for personal, non-commercial and informational use only; provided that, you may not, (a) copy, publish, or post any Materials on any computer network or broadcast or publications media, (b) modify the Materials, and (c) remove or alter any copyright and other proprietary notices contained in the Materials.

Trademarks and Service Marks

"Gestation" "Gestation Inc" and all other marks and logos, and the products and services described in this Site, are either trademarks, service marks or registered trademarks of Sponsor or its licensors, and may not be copied, imitated or used, in whole or in part. In addition, all page headers, custom graphics, button icons, and scripts are either service marks, trademarks, and/or trade dress of Sponsor, and may not be copied, imitated, or used, in whole or in part. All other trademarks, service marks, registered trademarks, product and service names and company names or logos that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Sponsor.

Responsibility for Your Conduct

You shall remain solely liable for the Content of any messages or other information you upload or transmit to this Site. You agree to indemnify and hold harmless Sponsor from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third-party arising out of or relating to your conduct, your violation of this Agreement, or your violation of any rights of a third-party.

Linking

Links to the Site. You are granted a limited, nonexclusive right to create a hypertext link to the home page of the Site provided such link does not portray Sponsor or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a Gestation logo or other proprietary graphic or trademark to link to this Site. This limited right may be revoked at any time.

Submissions

You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions, or postings to or on the Site, are non-confidential (provided that personal information provided on non-public areas of the Site is subject to the Privacy Policy) and you grant Sponsor a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such materials throughout the world in any media now known or hereafter developed with or without acknowledgment to you in Sponsor's sole discretion and without compensation to you. You also grant to Sponsor the right to use your name and location 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 Sponsor for any alleged or actual infringement or misappropriation of any proprietary right in your submitted materials and that the submission of any such materials to Sponsor, including the posting of materials to any forum or interactive area on the Site, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity. You represent and warrant that you own or otherwise control all of the rights to the material that you post; that the material is accurate; that use of the material you supply does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify Sponsor for all claims resulting from material you supply.

Export Restrictions

Any software and all underlying information and technology downloaded from this Site (collectively the "Software") by you may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. 2401 et seq.) and the Export Administration Regulations ("EAR", 50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the Software to any county, or to any person, entity, or end-user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration's Denied Parties List and the U.S. Department of Treasury's Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.

Disclaimers

"AS IS" AND "AS AVAILABLE" BASIS. THIS SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK AND RESPONSIBILITY.

WARRANTY DISCLAIMER. SPONSOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITE. SPONSOR DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, SUBJECT TO CORRECTION OR THAT ANY SUCH MATERIALS AVAILABLE FOR DOWNLOAD FROM THE SITE ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. WHILE SPONSOR ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, SPONSOR CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER (S) WILL BE ERROR-FREE, UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS (INCLUDING THIRD PARTY HACKERS OR DENIAL OF SERVICE ATTACKS) OR OTHERWISE MEET CUSTOMER'S REQUIREMENTS.

Sponsor reserves the right to change any and all content contained on this Site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Sponsor.

YOUR RESPONSIBILITY AND RISK. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided on or through the Site or on the Internet generally. The Internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your risk. Sponsor has no control over and accepts no responsibility whatsoever for such materials.

Limitation of Liability

IN NO EVENT SHALL SPONSOR BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OR INABILITY TO USE THE SITE OR THE CONTENT, MATERIALS, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE SITE, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SITE OR THE CONTENT, MATERIALS, INFORMATION, PRODUCTS OR SERVICES ON OR AVAILABLE THROUGH THE SITE, EVEN IF SPONSOR OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SPONSOR (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED $5.00 OR THE COMPENSATION YOU PAID SPONSOR, WHICHEVER IS LESS.

Certain state laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein. In such states, Sponsor's liability is limited to the greatest extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless Sponsor, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you.

Limitation of Actions

Any cause of action or claim you may have with respect to the 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.

Termination

Notwithstanding any of these terms and conditions, this Agreement may be terminated by either party without notice at any time for any reason; provided that you may no longer access or use the Site after this Agreement has been terminated. The provisions of the paragraphs entitled Copyright, Trademarks and Service Marks, Submissions, Export Restrictions, Disclaimers, Limitation of Liability, Indemnification, Limitation of Actions, Termination, Severability, Enforceability and Admissibility and Miscellaneous shall survive any termination of this Agreement.

Severability

If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Enforceability and Admissibility

This electronic document and any other electronic documents, policies and guidelines 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; (b) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (c) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.

Miscellaneous

Sponsor'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. Sponsor may assign its rights and duties under this Agreement to any party at any time without notice to you.

 

 

 

 

 

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