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By visiting www.iheartvacation.com, you implicitly agree to our Terms of Use.
Your access to and use of this Site is subject to these Terms and Conditions of Use. By accessing this Site you ("you") agree to be bound by these Terms and Conditions whether or not you have read them. We may amend the following provisions at any time by posting the amended provisions on the Site. All such amended provisions shall automatically be effective after they are initially posted on the Site.
Limitation of Liability
In no event shall iheartvacation.com, its affiliates and any of their respective directors, officers, employees, agents or other representatives be liable for any direct, indirect, special, incidental, consequential, punitive or aggravated damages (including without limitation damages for loss of data, income or profit, loss of or damage to property and third party claims) or any other damages of any kind, arising out of or in connection with: this site; any materials, information, qualification and recommendations appearing on this site; any software, tools, tips, products, or services offered through, contained in or advertised on this site;
any link provided on this site; and your account and password, whether or not iheartvacation.com has been advised of the possibility of such damages. This exclusion of liability shall apply to the fullest extent permitted by law. this provision shall survive the termination of your right to use this site. You acknowledge that you will be fully liable for all damages resulting directly or indirectly from your use of this site.
Disclaimer of warranties
All content is provided “as is” without any warranties of any kind. you understand and agree that the use of the content is at your sole risk. Iheartvacation.com makes no representations with respect to any content, including products, services and software and, to the maximum extent allowed by applicable law, disclaims all representations, warranties, guarantees and conditions of any kind, express and implied, regarding the content (including products, services and software), including without limitation, all representations, warranties, guarantees or conditions regarding accuracy, timeliness, completeness, availability, effectiveness, non-infringement, security, privacy, title, usefulness, suitability, quality, merchantability or fitness for any particular purpose. Iheartvacation.com makes no representation, warranty or guarantee that the content (including products, services and software) will be satisfactory to your needs, meet your expectations, or be uninterrupted, timely, accurate, secure or free from errors.
Indemnity
You agree to indemnify, defend and hold harmless Iheartvacation.com and its officers, directors, employees, agents, contractors, licensors and their respective successors and assigns, from and against any and all claims, actions, suits, demands, liabilities, costs or expenses whatsoever, including, without limitation, legal fees and disbursements resulting directly or indirectly from your: (1) breach of any of the terms and conditions of this Agreement; (2) access, use or inability to access or use the Website or any website to which the Website is or may be linked to from time to time; (3) use of, reliance on, communication with, or distribution, uploading or downloading of anything on or from the Website; and/or (4) violation of any law or regulation.
Linking
The website contains links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by Iheartvacation.com of the contents of such third-party websites. Iheartvacation.com is not responsible for the content of any third-party website, nor does it make any representation or warranty of any kind regarding any third-party website including, without limitation any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, or suitability of any content on any third-party website, that the operation of the third-party websites will be uninterrupted or error free and that defects or errors in such third-party websites will be corrected or that such third-party websites will be free from viruses of other harmful components.
Trademark Information
The trademarks and logos displayed on the iheartvacation.com web site are the property of iheartvacation.com or other third parties. You are not permitted to use the trademarks and logos without the prior written consent of iheartvacation.com or such third party that may own the trademarks and logos.
General
This agreement shall be governed in all respects by the laws of the Province of Ontario and the federal laws of Canada applicable therein. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our Site may be interfered with by numerous factors outside of our control. If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this agreement and all incorporated terms and conditions may be automatically assigned by iheartvacation.com in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
April 2008