Site Usage and Information Agreement
I. IMPORTANT! THIS IS A BINDING LEGAL AGREEMENT (this "Agreement"). PLEASE READ THESE TERMS AND CONDITIONS OF
USE CAREFULLY BEFORE USING THIS SITE. This Agreement governs your use of this site (collectively, the "Site") and is by and between The
Thailand Travel Services Partnership (referred to herein as "TTS", "we", "us", or "our") and you, on behalf of yourself and the buyer, member or supplier
for which you act ("you"). By using, viewing, transmitting, caching, storing and/or otherwise utilizing the Site, the services or functions offered in or by the
Site and/or the contents of the Site in any way, you have agreed to each and all of the terms and conditions set forth below, and waive any right to claim
ambiguity or error in this Agreement. If you do not agree to each and all of these terms and conditions please do not use the Site and leave the Site
immediately. We reserve the right, at our sole and absolute discretion, to change, modify, add, or remove portions of these terms at any time without
notice and, unless otherwise indicated, such changes will become effective immediately; therefore, please check these terms periodically for changes.
Your continued use of the Site following the posting of changes to this Agreement will mean you accept those changes. Please print and retain a copy of
this Agreement, as it may be changed from time to time, for your records.
II. ELIGIBILITY
The Site is available only to individuals and entities that can form legally binding contracts under applicable law. Without limiting the foregoing, the Site and
the services offered by the Site are not available to minors. If you do not qualify, leave the Site and do not use the Site.
The Site and the materials located on or through the Site are provided by us for informational purposes only, with the understanding that we are by the
provision of these materials not engaged in the rendering of legal or other professional advice or service. The information contained in or through the Site
is based upon sources believed to be accurate and reliable; and we have exercised reasonable care to assure the accuracy of the information. However,
we make no representation or warranty as to such accuracy.
III. RESTRICTIONS ON USE OF MATERIALS
Unless we have expressly indicated to the contrary in relation to any particular materials, all materials contained in the Site are the copyrighted property of
TTS, its affiliates and/or third party licensors. No material from www.thailandtravelservices.com (the "Site") may be copied, reproduced, republished,
uploaded, posted, transmitted, or distributed in any way. For purposes of these terms, the use of any such material on any other Web, Internet, intranet,
extranet or other site or computer environment is prohibited. All trademarks, service marks, trade names and trade dress are proprietary to us. You may
not frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or
form) without our prior express written consent. You may not use any meta tags or any other "hidden text" utilizing our name, trademarks or other
proprietary information without our prior express written consent.
Unless indicated otherwise, all names, logos, trademarks, service marks, trade dress and trade names are proprietary to TTS and may not be used by
anyone for any purpose without our prior express written consent. We consider our trademarks to be valuable assets, and take infringement of them
seriously.
In the event you download software from the Site, the software, including any files, images incorporated in or generated by the software, and data
accompanying the software (collectively, the "Software") are licensed to you by us or third party licensors for your use in connection with the Site only. We
do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we (or third party licensors) retain full and
complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or
otherwise reduce the Software to a human-readable form.
IV. TYPE AND USE OF INFORMATION COLLECTED
We may automatically track, collect and compile User Information and Transaction Data (as defined below) when you utilize the Site. For purposes of this
Agreement, the terms "User Information" and "Transaction Data" shall have the meanings set forth below and shall sometimes hereinafter be referred to
collectively as the "Information":
(i) "User Information" shall mean information or data, including registration, enrollment and profile data provided by or obtained in connection with users
prior to or after the date you accept the terms of this Agreement (the "Acceptance Date"), that identifies users of the Site.
(ii) "Transaction Data" shall mean information and data characterizing, describing, relating to, or comprising use of, including transactions (e.g., the sale
and purchase of goods and services) conducted in whole or in part over or through use of the Site, whether such transaction was completed prior to or
after the Acceptance Date, including, without limitation, User Information relating to parties to any such transactions.
We may also automatically track and collect your IP address, domain server, the type of computer and type of web browser you are using and use
"cookies" to (i) customize content specific to your interests, (ii) ensure that you do not see the same advertisement repeatedly and (iii) store your
password so you do not have to re-enter it each time you use the Site.
You agree that TTS shall own all Information.
By accessing the Site, you voluntarily, expressly and knowingly acknowledge and agree with all of the foregoing and further agree to each and all of the
following: (i) such Information belongs to TTS and is not personal or private proprietary information; (ii) such Information, wherever collected, may be
processed, used, reproduced, modified, adapted, translated, used to create derivative works, shared, published and distributed by TTS in its sole and
absolute discretion in any media and manner irrevocably in perpetuity in any location throughout the universe without royalty or payment of any kind,
without, however, any obligation by TTS to do so; (iii) TTS does not represent, warrant, or guaranty the Information or its processing, use, reproduction,
modification, adaptation, translation, derivation, sharing, publishing or distribution, including without limitation the accuracy, reliability, security, or any
other feature relating thereto or its processing, use, reproduction, modification, adaptation, translation, derivation, sharing, publishing or distribution; (iv)
TTS will try to provide you a way to review, correct or update the User Information you give TTS directly, but cannot guaranty that such will be possible or
that changes will be reflected throughout all uses of such Information; and (v) you represent and warrant that you have the right to give such Information
to TTS and that such Information is not libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or
otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any
law.
You hereby represent and warrant to TTS that there are no agreements, either written or oral, between you and any party in which you grant or are
granted exclusive ownership rights in and to the Information nor are there any agreements, either oral or written, between you and any party that would
prohibit TTS from asserting the ownership rights, or impair in any way TTS's ownership rights, in and to the Information as contemplated by this Agreement.
Facts relating to use of the Site, and any information (including the Information) submitted in connection with your use of the Site, are not confidential or
private. Please note that when you use the Site, you are agreeing to the use of certain information about such use. Also, when you submit information
(including the Information) to us in your use of the Site, you thereby (i) represent and warrant that such information is complete, truthful, and accurate, that
you own all rights in such information, that the information, if applicable, is entirely your own original, unpublished work, is not based in whole or in part
upon any pre-existing work or work of any other person, does not violate or infringe in any way any copyright, trademark, trade name, service mark or any
other statutory, common law or other proprietary or personal right or interest, is not abusive, obscene, profane, sexually explicit, threatening or illegal, and
you agree to indemnify, defend and hold the Indemnified Parties (as defined below) harmless from and against any such claim and relinquish, release and
assign to us all rights in and title to such information, (ii) acknowledge that you (and not the Indemnified Parties) are solely liable for any damage resulting
from infringement of copyrights, proprietary rights, or any other harm arising from their submission and our subsequent use of the information, and (iii)
automatically grant us a worldwide, royalty-free, exclusive right and license to use, reproduce, publish, distribute and such information (in whole or in part,
in any media now known or used or heretofore known or used at any time, and in perpetuity), although you acknowledge that we have no obligation
whatsoever to use, reproduce, publish, distribute or display the information. Further, we reserve the right to monitor and review transmissions, use any
information related to such use to ensure that our policies are followed and otherwise as a necessary incident to the provision of the Site or to protect our
rights and property. We may also monitor and review stored transmissions without restriction and you hereby acknowledge and consent to such
monitoring. You further acknowledge that passwords are known to us. If you use the Site, you are responsible for maintaining the confidentiality of your
account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account
or password.
V. SUBMISSIONS
We are pleased to hear from our users and welcome your comments regarding the Site and the products and services offered in connection therewith.
Unfortunately, however, our long-standing company policy does not allow us to accept or consider creative ideas, suggestions, or materials other than
those that we have specifically requested. We employ a talented staff and consultants who may be working on the same or similar ideas. We hope you will
understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff and/or
consultants might seem to others to be similar to their own creative work. Please do not send us any unsolicited original creative materials of any kind.
While we do value your feedback on the Site and the services and products offered in connection therewith, we request that you be specific in your
comments with respect to the same, and not submit any creative ideas, suggestions, or materials (unless specifically requested by us).
If, at our request, you send certain specific submissions or, despite our request, you send us creative suggestions, ideas, notes, drawings, concepts, or
other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be
subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the
foregoing, we shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and
shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the
Submissions.
VI. FORUMS AND PUBLIC COMMUNICATION
"Forum" means any chat area, message board, or e-mail function offered as part of the Site. If you participate in a Forum within the Site, if applicable, you
must not: (i) defame, abuse, harass or threaten others; (ii) make any bigoted, hateful or racially offensive statements; (iii) advocate illegal activity or
discuss illegal activities with the intent to commit them; (iv) post or distribute any material that infringes and/or violates any right of a third party or any law;
(v) post or distribute any vulgar, obscene, discourteous or indecent language or images; (vi) advertise or sell to, or solicit others; (vii) use the Forum for
commercial purposes of any kind other than to facilitate a transaction on the Site; (viii) post or distribute any software or other materials which contain a
virus or other harmful component; or (ix) post material or make statements that do not generally pertain to the designated topic or theme of any chat room
or bulletin board. You shall remain solely responsible for the content of your messages and shall indemnify and hold the Indemnified Parties harmless for
the content of such messages. We reserve the right to remove or edit content from any Forum at any time and for any reason.
By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials expressly
granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and
display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later
developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.
When participating in a Forum, never assume that people are who the say they are, know what they say they know, or are affiliated with whom they say
they are affiliated with in any chat room, message board, or other user generated content area. Information obtained in a Forum may not be reliable, and it
is not a good idea to trade or make any investment decisions based solely or largely on information you cannot confirm. We cannot be responsible for the
content or accuracy of any information, and shall not be responsible for any trading or investment decisions made based on such information.
VII. CONTENT LINKED TO THE SITE
Links to other sites we think may be of interest to you are provided for your convenience. By providing these links, we are not endorsing, sponsoring or
recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other
situations at or related to or from any other site.
Please exercise discretion while browsing the Internet and using the Site. You should be aware that when you are using the Site, you could be directed to
other sites that are beyond our control. There are links to other sites from the Site pages that take you outside of the Site. For example, if you "click" on a
banner advertisement or a search result, the "click" may take you off the Site. This includes links from advertisers, sponsors, and content partners that
may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information,
or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control.
We reserve the right to disable links from any third party sites to the Site.
We make no representations concerning the content of sites listed in any of the Site's directories. Consequently, we cannot be held responsible for the
accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to a Site.
Please keep in mind that whenever you give out information online, that information can be collected and used by people you don't know. We cannot
guarantee the security of any information you disclose online; you make such disclosures at your own risk.
VIII. DISCLAIMERS
ELECTRONIC TRANSMISSIONS, INCLUDING THE INTERNET, ARE PUBLIC MEDIA, AND ANY USE OF SUCH MEDIA IS PUBLIC AND NOT PRIVATE.
INFORMATION RELATED TO OR ARISING FROM SUCH USE IS PUBLIC, OR THE PROPERTY OF THOSE COLLECTING INFORMATION, AND NOT
PERSONAL OR PRIVATE INFORMATION.
YOU AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. THE CONTENT, SERVICES AND MATERIALS IN THE SITE ARE PROVIDED "AS IS" AND
ON AN "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY. WE DO
NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS REGARDING THE ACCURACY, RELIABILITY, USEFULNESS OR
COMPLETENESS OF THE SERVICES, CONTENT OR MATERIALS IN THE SITE OR ANY SITE LINKED TO IT. TO THE MAXIMUM EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, DESIGN, ACCURACY, CAPABILITY,
SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS, AVAILABILITY, COMPATIBILITY OR ARISING FROM COURSE OF DEALING OR COURSE OF
PERFORMANCE. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, MATERIALS OR FUNCTIONS CONTAINED IN THE SITE
WILL BE CONTINUOUSLY AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, SERVICES,
CONTENT, MATERIALS OR THE SERVERS THAT MAKE THE SITE OR SUCH SERVICES, CONTENT AND MATERIALS AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE ACCURATE OR COMPLETE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, CONTENT, MATERIALS, FUNCTIONS OR PRODUCTS AVAILABLE
THROUGH THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSION MAY NOT APPLY TO YOU. In the event we are held liable for any damages related to such matters, your sole and exclusive remedy
will be limited to reimbursement for services or products paid by you to the entity held liable which were not provided by such entity. You hereby waive any
and all rights to bring any claim or action related to such matters in any forum beyond one (1) year after the first occurrence of the kind of act, event,
condition or omission upon which the claim or action is based.
We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Site. We cannot
ensure that you will be satisfied with any products or services that you purchase from the Site or from a third-party site that links to or from the Site or third
party content on the Site. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the
information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information
(including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive
any claim against the Indemnified Parties with respect to such sites and third party content. We strongly encourage you to make whatever investigation
you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
The Indemnified Parties are not responsible for telephone, electric, electronic, network, Internet, computer, hardware or software program malfunctions,
failures, delays or difficulties, or late, lost, stolen, illegible, incomplete, garbled, misdirected, mutilated or postage due mail, e-mail, form postings,
connections, messages or entries, or the security of any and all such matters.
Further, the Indemnified Parties are not responsible for incorrect or inaccurate entry information, whether caused by Internet users or by any of the
equipment or programming associated with or utilized in the Site or by any technical or human error which may occur in the processing of any information
related to the Site.
We may prohibit you from participating in or utilizing the Site if in our sole and absolute discretion you show a disregard for this Agreement or act in an
unreasonable manner, with the intent to annoy, abuse, threaten, or harass any other person, or in any other disruptive manner. We also reserve the right
to refuse service, terminate accounts, remove or edit content or cancel orders in our sole and absolute discretion.
If for any reason any portion of the Site is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized
intervention, fraud, technical failures, or any other causes beyond the reasonable control of TTS which corrupt or affect the administration, security,
fairness, integrity, or proper conduct of the Site, we reserve the right (but not the obligation) in our sole and absolute discretion, to prohibit you and any
member, buyer or supplier (and all of your and their Information) from using the Site, and to cancel, terminate, modify or suspend the Site or any portion
thereof and void such Information.
You also agree that the Indemnified Parties are not responsible or liable in any way for injury, loss or damage to your computer or interception or use of
credit card information, related to or resulting from use of the Site or any sites, services or materials linked or related thereto or there from and also are
not responsible or liable in any way for any injury, loss, claim or damage relating to or resulting from any part of the Site operating or not operating on
computers or networks used by you or communicating with such computers or networks.
To the extent we list or link to third party products or services, our site acts as the venue for suppliers to sell products and services (or, as appropriate,
solicit offers to buy) and buyers to purchase such products and services. We are not involved in the actual transaction between buyers and suppliers. As
a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of suppliers to sell
items or the ability of buyers to buy items. We cannot ensure that a buyer or supplier will actually complete a transaction.
We do not control the information provided by other users, which is made available through the Site. You may find other user's information to be offensive,
harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. Please note that there are also risks of dealing with foreign
nationals, underage persons or people acting under false pretense.
Although we intend that product descriptions contained in the Site be current and accurate, we make no warranty or representation that descriptions of
products in the Site are accurate, complete, current, or reliable in any or all respects. In the event that a product described in the Site is not as described,
your sole remedy is to return it in unused condition in accordance with the suppliers' return policy.
WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY
WEB SITE LINKED TO THE SITE. WE WILL NOT BE LIABLE FOR THE PRIVACY OF THE INFORMATION, E-MAIL ADDRESSES, REGISTRATION AND
IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT
TRANSMITTED OVER NETWORKS ACCESSED BY THE SITE, OR OTHERWISE CONNECTED WITH YOUR USE OF THE SITE.
NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY US OR ANY OF THE INDEMNIFIED PARTIES WILL CREATE A
WARRANTY OF ANY KIND AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. WE RESERVE THE RIGHT, IN OUR SOLE
AND ABSOLUTE DISCRETION AND WITHOUT NOTICE, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE, OR TO DENY
ACCESS TO THE SITE TO ANYONE AT ANY TIME. NEITHER WE NOR ANY OF THE INDEMNIFIED PARTIES, SHALL HAVE ANY LIABILITY ARISING
FROM YOUR RELIANCE UPON THE INFORMATION PROVIDED ON THE SITE.
Search and Directory are free services which may be offered in connection with the Site. Because the Web changes constantly, no search engine
technology can possibly have all accessible sites at any given time. Thus, we explicitly disclaim any responsibility for the content or availability of
information contained in any search index or directory offered in connection with the Site.
IX. INDEMNIFICATION
You are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. You
hereby indemnify, defend and hold us and our hotels and each of our and their owners, partners, subsidiaries, affiliates, franchisees and each of such
person's or entities' officers, directors, agents, contractors, subcontractors, guests, residents, visitors, licensees, invitees, permitees and employees
(collectively, the "Indemnified Parties") harmless from and against any and all allegations, demands, claims, liabilities, damages, fines, penalties or costs of
whatsoever nature (including reasonable attorneys' fees) and whether by reason of death of or injury to any person or loss of or damage to any property
or otherwise ("Claims") arising out of or in any way connected with this Agreement, the services or products provided to you by the Site or any related act
or failure to act by you and whether or not occasioned or contributed to by the negligence of TTS or any agent or employee of the Indemnified Parties or
any of them (except as and to the extent prohibited by applicable law) or Claims arising from your account, including, without limitation, any Claims related
to infringement by you of the intellectual property rights of any person, including without limitation, copyright, patent, trade secret, trade mark, artist rights,
droit moral, privacy, publicity or rights under other intellectual property laws. In the event that any Claim is made or any action or proceeding is brought
against the Indemnified Parties, or any of them, arising out of or connected with this Agreement, any such Indemnified Party may, by reasonable notice to
you, require you, at your expense, to resist such Claim or take over the defense of any such action or proceeding and employ counsel for such purpose,
such counsel to be subject to the prior written approval of such Indemnified Party, which approval shall be deemed to have been given hereby in the case
of counsel acting for your insurance underwriters engaged in such resistance or defense. You shall cooperate with us in the defense of any Claim. We
reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
X. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY LOST PROFITS, COST OF COVER,
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE
INABILITY TO USE, THE SITE OR THE SERVICES OR FUNCTIONS OF THE SITE OR ARISING OUT OF YOUR ACCESS TO, OR INABILITY TO ACCESS,
THE SITE OR YOUR RELIANCE UPON, THE SITE OR THE SERVICES, CONTENT OR MATERIALS IN, OR FUNCTIONS OF, THE SITE, PROVISION OF,
OR FAILURE TO PROVIDE SERVICES, OR INFORMATION, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS,
WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY (INCLUDING
NEGLIGENCE). IN ADDITION, WE HAVE NO DUTY TO UPDATE THE SITE OR THE CONTENTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN
CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR
ACCESSING THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY OF THE PRODUCTS, SERVICES, MEMBERS, SUPPLIERS AND/OR BUYER
OFFERED IN CONNECTION THEREWITH OR ASSOCIATED THEREWITH, AS THE CASE MAY BE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE
TO DISCONTINUE USE OF THE SITE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE TERMS HEREOF.
XI. RELEASE
BY UTILIZING THE SITE, ALL USERS ACKNOWLEDGE AND AGREE THAT THE INDEMNIFIED PARTIES ARE RELEASED, DISCHARGED AND HELD
HARMLESS FROM AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY LIABILITY WITH RESPECT TO ALL ASPECTS OF THE SITE (INCLUDING
WITHOUT LIMITATION, ANY ILLNESS, LOSSES, LITIGATION, PERSONAL INJURY, DEATH, PROPERTY DAMAGE, AND CLAIMS BASED ON PUBLICITY
RIGHTS, DEFAMATION, OR INVASION OF PRIVACY, REASONABLE ATTORNEYS' FEES AND COURT COSTS) THAT MAY OCCUR FROM USE OF THE
SITE OR THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF INFORMATION, MATERIALS, SERVICES OR PRODUCTS RELATED THERETO OR
ACQUIRED THEREFROM. WE RESERVE THE RIGHT AT ANY TIME AND WITHOUT LIABILITY TO RESTRICT OR REFUSE ACCESS TO THE SITE AND
ITS SERVICES, CONTENT, MATERIALS AND FUNCTIONS TO ANYBODY. WE FURTHER RESERVE THE RIGHT TO SEEK ANY FORM OF RELIEF,
INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES, RELATED TO FRAUDULENT OR ILLEGAL ACTIVITY CONNECTED WITH THE USE OF THE
SITE.
XII. JURISDICTIONAL ISSUES
The products and/or services described in and available through the Site may not be of the nature offered in your country. We make no representation
that the services or products offered in the Site are appropriate or available for use by any particular person. Those who choose to access the Site do so
on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If use of the Site and/or viewing or
use of any material or content therein or services offered thereby violates or infringes any applicable law in your jurisdiction(s), you are not authorized to
view or use the Site and must exit immediately. Your viewing and/or use of the Site constitutes your representation that you are unconditionally and without
limitation permitted to view and use the Site and the Indemnified Parties may rely upon such representation. The Site is operated from outside the United
States. However, it is hosted by an institution based in the United States and it is possible that some Software from the Site may be subject to United
States export controls. No Software from the Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba,
Iraq, Libya, North Korea, Iran, Syria, or any other country subject to a U.S. or U.N. embargo or sanction; or (ii) to anyone on the US Treasury
Department's list of Specially Designated Nationals or anyone subject to the same or similar restrictions even if not listed or the US Commerce
Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or
a national or resident of any such country or on any of the above-restricted lists or subject to such restrictions.
XIII. ACCESS AND INTERFERENCE
You will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site or the contents or information (including the
Information) contained therein without our prior express written consent. You agree that you will not use any device, software or routine to interfere or
attempt to interfere with the proper working of the Site or any transaction being conducted through the Site. You agree that you will not copy, reproduce,
alter, modify, create derivative works, or publicly display any content (except for any Information in which you have an ownership interest) from the Site
without our prior express written consent or the appropriate third party.
The information (including the Information) you provide to us (i) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other
computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or
information; and (ii) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
XIV. NO AGENCY
You and TTS are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is
intended or created by this Agreement.
XV. TERMINATION
These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of the Site and destroying all
materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under the terms of this
Agreement or otherwise. Your access to the Site may be terminated immediately without notice from us if in our sole and absolute discretion you fail to
comply with any term or provision of this Agreement. Upon termination, you must cease use of the Site and destroy all materials obtained from such site
and all copies thereof, whether made under the terms of this Agreement or otherwise. Notwithstanding the termination of this Agreement, you acknowledge
and agree that those rights and obligations which by their nature are intended to survive the termination of this Agreement in order to be fully operative,
shall survive the termination of this Agreement including, without limitation, the following provisions hereof: (i) Restrictions on Use of Materials; (ii) Use and
Ownership of Information Collected; (iii) Submissions; (iv) Disclaimers; (v) Indemnification; (vi) Limitations on Liability; (vi) Release; (vii) Access and
Interference; (viii) Notice and Procedure for Making Claims of Copyright Infringement; (ix) Forum; (x) No Agency; and (xi) Compliance with Laws.
XVI. GENERAL PROVISIONS
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and your solicitation of offers to purchase
and/or sell products and/or services. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina,
without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to the terms of this
Agreement shall be filed only in the courts located in Thailand and you hereby consent and submit to the personal jurisdiction of such courts for the
purposes of litigating any such action. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall
be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement
between us relating to the subject matter herein and shall not be modified except as otherwise set forth herein. No waiver of any term, provision or
condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any
other term, provision or condition hereof, whether or not similar, nor shall any waiver constitute a continuing waiver of any such term, provision or condition
hereof. No waiver shall be binding unless executed in writing by the party making the waiver. You agree that you will execute and deliver to us, in
recordable form if necessary, such further documents, instruments or agreements, and shall take such further action, that may be necessary or
appropriate to effectuate the purposes of this Agreement.
XVII. DIGITAL SIGNATURE PROVISIONS
You represent and warrant that you have the legal right, power and authority to agree to the terms of this Agreement on behalf of yourself and the
member, buyer or supplier participating in the Site. You further agree that your use constitutes an electronic signature as defined by the Electronic
Signatures in Global and National Commerce Act ("E-Sign") and the Uniform Electronic Transactions Act ("UETA") and that you have formed, executed,
entered into, accepted the terms of and otherwise authenticated this Agreement and acknowledged and agreed that this Agreement is an electronic
record for purposes of E-Sign, UETA and the Uniform Computer Information Transactions Act and as such is completely valid, has legal effect, is
enforceable, and is binding on, and non-refutable by you and the member, buyer or supplier on whose behalf you are acting.
XVIII. NOTICE
We may give notice to you by means of a general notice on the Site, electronic mail to your e-mail address in our records, or by written communication
sent by first class mail to your address in our records.
USE CAREFULLY BEFORE USING THIS SITE. This Agreement governs your use of this site (collectively, the "Site") and is by and between The
Thailand Travel Services Partnership (referred to herein as "TTS", "we", "us", or "our") and you, on behalf of yourself and the buyer, member or supplier
for which you act ("you"). By using, viewing, transmitting, caching, storing and/or otherwise utilizing the Site, the services or functions offered in or by the
Site and/or the contents of the Site in any way, you have agreed to each and all of the terms and conditions set forth below, and waive any right to claim
ambiguity or error in this Agreement. If you do not agree to each and all of these terms and conditions please do not use the Site and leave the Site
immediately. We reserve the right, at our sole and absolute discretion, to change, modify, add, or remove portions of these terms at any time without
notice and, unless otherwise indicated, such changes will become effective immediately; therefore, please check these terms periodically for changes.
Your continued use of the Site following the posting of changes to this Agreement will mean you accept those changes. Please print and retain a copy of
this Agreement, as it may be changed from time to time, for your records.
II. ELIGIBILITY
The Site is available only to individuals and entities that can form legally binding contracts under applicable law. Without limiting the foregoing, the Site and
the services offered by the Site are not available to minors. If you do not qualify, leave the Site and do not use the Site.
The Site and the materials located on or through the Site are provided by us for informational purposes only, with the understanding that we are by the
provision of these materials not engaged in the rendering of legal or other professional advice or service. The information contained in or through the Site
is based upon sources believed to be accurate and reliable; and we have exercised reasonable care to assure the accuracy of the information. However,
we make no representation or warranty as to such accuracy.
III. RESTRICTIONS ON USE OF MATERIALS
Unless we have expressly indicated to the contrary in relation to any particular materials, all materials contained in the Site are the copyrighted property of
TTS, its affiliates and/or third party licensors. No material from www.thailandtravelservices.com (the "Site") may be copied, reproduced, republished,
uploaded, posted, transmitted, or distributed in any way. For purposes of these terms, the use of any such material on any other Web, Internet, intranet,
extranet or other site or computer environment is prohibited. All trademarks, service marks, trade names and trade dress are proprietary to us. You may
not frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or
form) without our prior express written consent. You may not use any meta tags or any other "hidden text" utilizing our name, trademarks or other
proprietary information without our prior express written consent.
Unless indicated otherwise, all names, logos, trademarks, service marks, trade dress and trade names are proprietary to TTS and may not be used by
anyone for any purpose without our prior express written consent. We consider our trademarks to be valuable assets, and take infringement of them
seriously.
In the event you download software from the Site, the software, including any files, images incorporated in or generated by the software, and data
accompanying the software (collectively, the "Software") are licensed to you by us or third party licensors for your use in connection with the Site only. We
do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we (or third party licensors) retain full and
complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or
otherwise reduce the Software to a human-readable form.
IV. TYPE AND USE OF INFORMATION COLLECTED
We may automatically track, collect and compile User Information and Transaction Data (as defined below) when you utilize the Site. For purposes of this
Agreement, the terms "User Information" and "Transaction Data" shall have the meanings set forth below and shall sometimes hereinafter be referred to
collectively as the "Information":
(i) "User Information" shall mean information or data, including registration, enrollment and profile data provided by or obtained in connection with users
prior to or after the date you accept the terms of this Agreement (the "Acceptance Date"), that identifies users of the Site.
(ii) "Transaction Data" shall mean information and data characterizing, describing, relating to, or comprising use of, including transactions (e.g., the sale
and purchase of goods and services) conducted in whole or in part over or through use of the Site, whether such transaction was completed prior to or
after the Acceptance Date, including, without limitation, User Information relating to parties to any such transactions.
We may also automatically track and collect your IP address, domain server, the type of computer and type of web browser you are using and use
"cookies" to (i) customize content specific to your interests, (ii) ensure that you do not see the same advertisement repeatedly and (iii) store your
password so you do not have to re-enter it each time you use the Site.
You agree that TTS shall own all Information.
By accessing the Site, you voluntarily, expressly and knowingly acknowledge and agree with all of the foregoing and further agree to each and all of the
following: (i) such Information belongs to TTS and is not personal or private proprietary information; (ii) such Information, wherever collected, may be
processed, used, reproduced, modified, adapted, translated, used to create derivative works, shared, published and distributed by TTS in its sole and
absolute discretion in any media and manner irrevocably in perpetuity in any location throughout the universe without royalty or payment of any kind,
without, however, any obligation by TTS to do so; (iii) TTS does not represent, warrant, or guaranty the Information or its processing, use, reproduction,
modification, adaptation, translation, derivation, sharing, publishing or distribution, including without limitation the accuracy, reliability, security, or any
other feature relating thereto or its processing, use, reproduction, modification, adaptation, translation, derivation, sharing, publishing or distribution; (iv)
TTS will try to provide you a way to review, correct or update the User Information you give TTS directly, but cannot guaranty that such will be possible or
that changes will be reflected throughout all uses of such Information; and (v) you represent and warrant that you have the right to give such Information
to TTS and that such Information is not libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or
otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any
law.
You hereby represent and warrant to TTS that there are no agreements, either written or oral, between you and any party in which you grant or are
granted exclusive ownership rights in and to the Information nor are there any agreements, either oral or written, between you and any party that would
prohibit TTS from asserting the ownership rights, or impair in any way TTS's ownership rights, in and to the Information as contemplated by this Agreement.
Facts relating to use of the Site, and any information (including the Information) submitted in connection with your use of the Site, are not confidential or
private. Please note that when you use the Site, you are agreeing to the use of certain information about such use. Also, when you submit information
(including the Information) to us in your use of the Site, you thereby (i) represent and warrant that such information is complete, truthful, and accurate, that
you own all rights in such information, that the information, if applicable, is entirely your own original, unpublished work, is not based in whole or in part
upon any pre-existing work or work of any other person, does not violate or infringe in any way any copyright, trademark, trade name, service mark or any
other statutory, common law or other proprietary or personal right or interest, is not abusive, obscene, profane, sexually explicit, threatening or illegal, and
you agree to indemnify, defend and hold the Indemnified Parties (as defined below) harmless from and against any such claim and relinquish, release and
assign to us all rights in and title to such information, (ii) acknowledge that you (and not the Indemnified Parties) are solely liable for any damage resulting
from infringement of copyrights, proprietary rights, or any other harm arising from their submission and our subsequent use of the information, and (iii)
automatically grant us a worldwide, royalty-free, exclusive right and license to use, reproduce, publish, distribute and such information (in whole or in part,
in any media now known or used or heretofore known or used at any time, and in perpetuity), although you acknowledge that we have no obligation
whatsoever to use, reproduce, publish, distribute or display the information. Further, we reserve the right to monitor and review transmissions, use any
information related to such use to ensure that our policies are followed and otherwise as a necessary incident to the provision of the Site or to protect our
rights and property. We may also monitor and review stored transmissions without restriction and you hereby acknowledge and consent to such
monitoring. You further acknowledge that passwords are known to us. If you use the Site, you are responsible for maintaining the confidentiality of your
account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account
or password.
V. SUBMISSIONS
We are pleased to hear from our users and welcome your comments regarding the Site and the products and services offered in connection therewith.
Unfortunately, however, our long-standing company policy does not allow us to accept or consider creative ideas, suggestions, or materials other than
those that we have specifically requested. We employ a talented staff and consultants who may be working on the same or similar ideas. We hope you will
understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff and/or
consultants might seem to others to be similar to their own creative work. Please do not send us any unsolicited original creative materials of any kind.
While we do value your feedback on the Site and the services and products offered in connection therewith, we request that you be specific in your
comments with respect to the same, and not submit any creative ideas, suggestions, or materials (unless specifically requested by us).
If, at our request, you send certain specific submissions or, despite our request, you send us creative suggestions, ideas, notes, drawings, concepts, or
other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be
subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the
foregoing, we shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and
shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the
Submissions.
VI. FORUMS AND PUBLIC COMMUNICATION
"Forum" means any chat area, message board, or e-mail function offered as part of the Site. If you participate in a Forum within the Site, if applicable, you
must not: (i) defame, abuse, harass or threaten others; (ii) make any bigoted, hateful or racially offensive statements; (iii) advocate illegal activity or
discuss illegal activities with the intent to commit them; (iv) post or distribute any material that infringes and/or violates any right of a third party or any law;
(v) post or distribute any vulgar, obscene, discourteous or indecent language or images; (vi) advertise or sell to, or solicit others; (vii) use the Forum for
commercial purposes of any kind other than to facilitate a transaction on the Site; (viii) post or distribute any software or other materials which contain a
virus or other harmful component; or (ix) post material or make statements that do not generally pertain to the designated topic or theme of any chat room
or bulletin board. You shall remain solely responsible for the content of your messages and shall indemnify and hold the Indemnified Parties harmless for
the content of such messages. We reserve the right to remove or edit content from any Forum at any time and for any reason.
By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials expressly
granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and
display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later
developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.
When participating in a Forum, never assume that people are who the say they are, know what they say they know, or are affiliated with whom they say
they are affiliated with in any chat room, message board, or other user generated content area. Information obtained in a Forum may not be reliable, and it
is not a good idea to trade or make any investment decisions based solely or largely on information you cannot confirm. We cannot be responsible for the
content or accuracy of any information, and shall not be responsible for any trading or investment decisions made based on such information.
VII. CONTENT LINKED TO THE SITE
Links to other sites we think may be of interest to you are provided for your convenience. By providing these links, we are not endorsing, sponsoring or
recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other
situations at or related to or from any other site.
Please exercise discretion while browsing the Internet and using the Site. You should be aware that when you are using the Site, you could be directed to
other sites that are beyond our control. There are links to other sites from the Site pages that take you outside of the Site. For example, if you "click" on a
banner advertisement or a search result, the "click" may take you off the Site. This includes links from advertisers, sponsors, and content partners that
may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information,
or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site may send cookies to users that we do not control.
We reserve the right to disable links from any third party sites to the Site.
We make no representations concerning the content of sites listed in any of the Site's directories. Consequently, we cannot be held responsible for the
accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to a Site.
Please keep in mind that whenever you give out information online, that information can be collected and used by people you don't know. We cannot
guarantee the security of any information you disclose online; you make such disclosures at your own risk.
VIII. DISCLAIMERS
ELECTRONIC TRANSMISSIONS, INCLUDING THE INTERNET, ARE PUBLIC MEDIA, AND ANY USE OF SUCH MEDIA IS PUBLIC AND NOT PRIVATE.
INFORMATION RELATED TO OR ARISING FROM SUCH USE IS PUBLIC, OR THE PROPERTY OF THOSE COLLECTING INFORMATION, AND NOT
PERSONAL OR PRIVATE INFORMATION.
YOU AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. THE CONTENT, SERVICES AND MATERIALS IN THE SITE ARE PROVIDED "AS IS" AND
ON AN "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY. WE DO
NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS REGARDING THE ACCURACY, RELIABILITY, USEFULNESS OR
COMPLETENESS OF THE SERVICES, CONTENT OR MATERIALS IN THE SITE OR ANY SITE LINKED TO IT. TO THE MAXIMUM EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, DESIGN, ACCURACY, CAPABILITY,
SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS, AVAILABILITY, COMPATIBILITY OR ARISING FROM COURSE OF DEALING OR COURSE OF
PERFORMANCE. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, MATERIALS OR FUNCTIONS CONTAINED IN THE SITE
WILL BE CONTINUOUSLY AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, SERVICES,
CONTENT, MATERIALS OR THE SERVERS THAT MAKE THE SITE OR SUCH SERVICES, CONTENT AND MATERIALS AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE ACCURATE OR COMPLETE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, CONTENT, MATERIALS, FUNCTIONS OR PRODUCTS AVAILABLE
THROUGH THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSION MAY NOT APPLY TO YOU. In the event we are held liable for any damages related to such matters, your sole and exclusive remedy
will be limited to reimbursement for services or products paid by you to the entity held liable which were not provided by such entity. You hereby waive any
and all rights to bring any claim or action related to such matters in any forum beyond one (1) year after the first occurrence of the kind of act, event,
condition or omission upon which the claim or action is based.
We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Site. We cannot
ensure that you will be satisfied with any products or services that you purchase from the Site or from a third-party site that links to or from the Site or third
party content on the Site. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the
information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information
(including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive
any claim against the Indemnified Parties with respect to such sites and third party content. We strongly encourage you to make whatever investigation
you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
The Indemnified Parties are not responsible for telephone, electric, electronic, network, Internet, computer, hardware or software program malfunctions,
failures, delays or difficulties, or late, lost, stolen, illegible, incomplete, garbled, misdirected, mutilated or postage due mail, e-mail, form postings,
connections, messages or entries, or the security of any and all such matters.
Further, the Indemnified Parties are not responsible for incorrect or inaccurate entry information, whether caused by Internet users or by any of the
equipment or programming associated with or utilized in the Site or by any technical or human error which may occur in the processing of any information
related to the Site.
We may prohibit you from participating in or utilizing the Site if in our sole and absolute discretion you show a disregard for this Agreement or act in an
unreasonable manner, with the intent to annoy, abuse, threaten, or harass any other person, or in any other disruptive manner. We also reserve the right
to refuse service, terminate accounts, remove or edit content or cancel orders in our sole and absolute discretion.
If for any reason any portion of the Site is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized
intervention, fraud, technical failures, or any other causes beyond the reasonable control of TTS which corrupt or affect the administration, security,
fairness, integrity, or proper conduct of the Site, we reserve the right (but not the obligation) in our sole and absolute discretion, to prohibit you and any
member, buyer or supplier (and all of your and their Information) from using the Site, and to cancel, terminate, modify or suspend the Site or any portion
thereof and void such Information.
You also agree that the Indemnified Parties are not responsible or liable in any way for injury, loss or damage to your computer or interception or use of
credit card information, related to or resulting from use of the Site or any sites, services or materials linked or related thereto or there from and also are
not responsible or liable in any way for any injury, loss, claim or damage relating to or resulting from any part of the Site operating or not operating on
computers or networks used by you or communicating with such computers or networks.
To the extent we list or link to third party products or services, our site acts as the venue for suppliers to sell products and services (or, as appropriate,
solicit offers to buy) and buyers to purchase such products and services. We are not involved in the actual transaction between buyers and suppliers. As
a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of suppliers to sell
items or the ability of buyers to buy items. We cannot ensure that a buyer or supplier will actually complete a transaction.
We do not control the information provided by other users, which is made available through the Site. You may find other user's information to be offensive,
harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. Please note that there are also risks of dealing with foreign
nationals, underage persons or people acting under false pretense.
Although we intend that product descriptions contained in the Site be current and accurate, we make no warranty or representation that descriptions of
products in the Site are accurate, complete, current, or reliable in any or all respects. In the event that a product described in the Site is not as described,
your sole remedy is to return it in unused condition in accordance with the suppliers' return policy.
WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY
WEB SITE LINKED TO THE SITE. WE WILL NOT BE LIABLE FOR THE PRIVACY OF THE INFORMATION, E-MAIL ADDRESSES, REGISTRATION AND
IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT
TRANSMITTED OVER NETWORKS ACCESSED BY THE SITE, OR OTHERWISE CONNECTED WITH YOUR USE OF THE SITE.
NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY US OR ANY OF THE INDEMNIFIED PARTIES WILL CREATE A
WARRANTY OF ANY KIND AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. WE RESERVE THE RIGHT, IN OUR SOLE
AND ABSOLUTE DISCRETION AND WITHOUT NOTICE, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE, OR TO DENY
ACCESS TO THE SITE TO ANYONE AT ANY TIME. NEITHER WE NOR ANY OF THE INDEMNIFIED PARTIES, SHALL HAVE ANY LIABILITY ARISING
FROM YOUR RELIANCE UPON THE INFORMATION PROVIDED ON THE SITE.
Search and Directory are free services which may be offered in connection with the Site. Because the Web changes constantly, no search engine
technology can possibly have all accessible sites at any given time. Thus, we explicitly disclaim any responsibility for the content or availability of
information contained in any search index or directory offered in connection with the Site.
IX. INDEMNIFICATION
You are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. You
hereby indemnify, defend and hold us and our hotels and each of our and their owners, partners, subsidiaries, affiliates, franchisees and each of such
person's or entities' officers, directors, agents, contractors, subcontractors, guests, residents, visitors, licensees, invitees, permitees and employees
(collectively, the "Indemnified Parties") harmless from and against any and all allegations, demands, claims, liabilities, damages, fines, penalties or costs of
whatsoever nature (including reasonable attorneys' fees) and whether by reason of death of or injury to any person or loss of or damage to any property
or otherwise ("Claims") arising out of or in any way connected with this Agreement, the services or products provided to you by the Site or any related act
or failure to act by you and whether or not occasioned or contributed to by the negligence of TTS or any agent or employee of the Indemnified Parties or
any of them (except as and to the extent prohibited by applicable law) or Claims arising from your account, including, without limitation, any Claims related
to infringement by you of the intellectual property rights of any person, including without limitation, copyright, patent, trade secret, trade mark, artist rights,
droit moral, privacy, publicity or rights under other intellectual property laws. In the event that any Claim is made or any action or proceeding is brought
against the Indemnified Parties, or any of them, arising out of or connected with this Agreement, any such Indemnified Party may, by reasonable notice to
you, require you, at your expense, to resist such Claim or take over the defense of any such action or proceeding and employ counsel for such purpose,
such counsel to be subject to the prior written approval of such Indemnified Party, which approval shall be deemed to have been given hereby in the case
of counsel acting for your insurance underwriters engaged in such resistance or defense. You shall cooperate with us in the defense of any Claim. We
reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
X. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY LOST PROFITS, COST OF COVER,
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE
INABILITY TO USE, THE SITE OR THE SERVICES OR FUNCTIONS OF THE SITE OR ARISING OUT OF YOUR ACCESS TO, OR INABILITY TO ACCESS,
THE SITE OR YOUR RELIANCE UPON, THE SITE OR THE SERVICES, CONTENT OR MATERIALS IN, OR FUNCTIONS OF, THE SITE, PROVISION OF,
OR FAILURE TO PROVIDE SERVICES, OR INFORMATION, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS,
WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY (INCLUDING
NEGLIGENCE). IN ADDITION, WE HAVE NO DUTY TO UPDATE THE SITE OR THE CONTENTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN
CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR
ACCESSING THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY OF THE PRODUCTS, SERVICES, MEMBERS, SUPPLIERS AND/OR BUYER
OFFERED IN CONNECTION THEREWITH OR ASSOCIATED THEREWITH, AS THE CASE MAY BE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE
TO DISCONTINUE USE OF THE SITE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE TERMS HEREOF.
XI. RELEASE
BY UTILIZING THE SITE, ALL USERS ACKNOWLEDGE AND AGREE THAT THE INDEMNIFIED PARTIES ARE RELEASED, DISCHARGED AND HELD
HARMLESS FROM AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY LIABILITY WITH RESPECT TO ALL ASPECTS OF THE SITE (INCLUDING
WITHOUT LIMITATION, ANY ILLNESS, LOSSES, LITIGATION, PERSONAL INJURY, DEATH, PROPERTY DAMAGE, AND CLAIMS BASED ON PUBLICITY
RIGHTS, DEFAMATION, OR INVASION OF PRIVACY, REASONABLE ATTORNEYS' FEES AND COURT COSTS) THAT MAY OCCUR FROM USE OF THE
SITE OR THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF INFORMATION, MATERIALS, SERVICES OR PRODUCTS RELATED THERETO OR
ACQUIRED THEREFROM. WE RESERVE THE RIGHT AT ANY TIME AND WITHOUT LIABILITY TO RESTRICT OR REFUSE ACCESS TO THE SITE AND
ITS SERVICES, CONTENT, MATERIALS AND FUNCTIONS TO ANYBODY. WE FURTHER RESERVE THE RIGHT TO SEEK ANY FORM OF RELIEF,
INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES, RELATED TO FRAUDULENT OR ILLEGAL ACTIVITY CONNECTED WITH THE USE OF THE
SITE.
XII. JURISDICTIONAL ISSUES
The products and/or services described in and available through the Site may not be of the nature offered in your country. We make no representation
that the services or products offered in the Site are appropriate or available for use by any particular person. Those who choose to access the Site do so
on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If use of the Site and/or viewing or
use of any material or content therein or services offered thereby violates or infringes any applicable law in your jurisdiction(s), you are not authorized to
view or use the Site and must exit immediately. Your viewing and/or use of the Site constitutes your representation that you are unconditionally and without
limitation permitted to view and use the Site and the Indemnified Parties may rely upon such representation. The Site is operated from outside the United
States. However, it is hosted by an institution based in the United States and it is possible that some Software from the Site may be subject to United
States export controls. No Software from the Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba,
Iraq, Libya, North Korea, Iran, Syria, or any other country subject to a U.S. or U.N. embargo or sanction; or (ii) to anyone on the US Treasury
Department's list of Specially Designated Nationals or anyone subject to the same or similar restrictions even if not listed or the US Commerce
Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or
a national or resident of any such country or on any of the above-restricted lists or subject to such restrictions.
XIII. ACCESS AND INTERFERENCE
You will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site or the contents or information (including the
Information) contained therein without our prior express written consent. You agree that you will not use any device, software or routine to interfere or
attempt to interfere with the proper working of the Site or any transaction being conducted through the Site. You agree that you will not copy, reproduce,
alter, modify, create derivative works, or publicly display any content (except for any Information in which you have an ownership interest) from the Site
without our prior express written consent or the appropriate third party.
The information (including the Information) you provide to us (i) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other
computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or
information; and (ii) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
XIV. NO AGENCY
You and TTS are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is
intended or created by this Agreement.
XV. TERMINATION
These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of the Site and destroying all
materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under the terms of this
Agreement or otherwise. Your access to the Site may be terminated immediately without notice from us if in our sole and absolute discretion you fail to
comply with any term or provision of this Agreement. Upon termination, you must cease use of the Site and destroy all materials obtained from such site
and all copies thereof, whether made under the terms of this Agreement or otherwise. Notwithstanding the termination of this Agreement, you acknowledge
and agree that those rights and obligations which by their nature are intended to survive the termination of this Agreement in order to be fully operative,
shall survive the termination of this Agreement including, without limitation, the following provisions hereof: (i) Restrictions on Use of Materials; (ii) Use and
Ownership of Information Collected; (iii) Submissions; (iv) Disclaimers; (v) Indemnification; (vi) Limitations on Liability; (vi) Release; (vii) Access and
Interference; (viii) Notice and Procedure for Making Claims of Copyright Infringement; (ix) Forum; (x) No Agency; and (xi) Compliance with Laws.
XVI. GENERAL PROVISIONS
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and your solicitation of offers to purchase
and/or sell products and/or services. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina,
without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to the terms of this
Agreement shall be filed only in the courts located in Thailand and you hereby consent and submit to the personal jurisdiction of such courts for the
purposes of litigating any such action. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall
be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement
between us relating to the subject matter herein and shall not be modified except as otherwise set forth herein. No waiver of any term, provision or
condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any
other term, provision or condition hereof, whether or not similar, nor shall any waiver constitute a continuing waiver of any such term, provision or condition
hereof. No waiver shall be binding unless executed in writing by the party making the waiver. You agree that you will execute and deliver to us, in
recordable form if necessary, such further documents, instruments or agreements, and shall take such further action, that may be necessary or
appropriate to effectuate the purposes of this Agreement.
XVII. DIGITAL SIGNATURE PROVISIONS
You represent and warrant that you have the legal right, power and authority to agree to the terms of this Agreement on behalf of yourself and the
member, buyer or supplier participating in the Site. You further agree that your use constitutes an electronic signature as defined by the Electronic
Signatures in Global and National Commerce Act ("E-Sign") and the Uniform Electronic Transactions Act ("UETA") and that you have formed, executed,
entered into, accepted the terms of and otherwise authenticated this Agreement and acknowledged and agreed that this Agreement is an electronic
record for purposes of E-Sign, UETA and the Uniform Computer Information Transactions Act and as such is completely valid, has legal effect, is
enforceable, and is binding on, and non-refutable by you and the member, buyer or supplier on whose behalf you are acting.
XVIII. NOTICE
We may give notice to you by means of a general notice on the Site, electronic mail to your e-mail address in our records, or by written communication
sent by first class mail to your address in our records.
Copyright ©2006, 2007 The Thailand Travel Services Partnership. All rights reserved.
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Full Day Activities
Grand Palace Bangkok +
Best of Bangkok
Ayutthaya
Dreamworld
Safari World
Bangkok Temples
Bridge over the River
Kwai & Muang Sing
Historical Park
Horse Racing in Bangkok
Bangkok Airport to
Cha-Am /Hua-Hin
Transfer & Tour
Grand Palace & Wat
Prakeaw
Vimanmek Teak Wood
Mansion, Dusit
Palace Gardens
Bangkok Flower Market
Golden Mount, Loha
Prasat (Wat
Ratchanatda) and
Mahakan Fort
Ancient City
Escorted Shopping
Golf in the City
Bangkok Weekend
Market (Chatuchak
Market)
Jim Thompson
House Museum
Tuk Tuks & Taxis
Hua-Hin & Cha-Am
Transfer
Thailand Vacation
Travel Tips
Contact Us
Full Day Activities
Grand Palace Bangkok +
Best of Bangkok
Ayutthaya
Dreamworld
Safari World
Bangkok Temples
Bridge over the River
Kwai & Muang Sing
Historical Park
Horse Racing in Bangkok
Bangkok Airport to
Cha-Am /Hua-Hin
Transfer & Tour
Grand Palace & Wat
Prakeaw
Vimanmek Teak Wood
Mansion, Dusit
Palace Gardens
Bangkok Flower Market
Golden Mount, Loha
Prasat (Wat
Ratchanatda) and
Mahakan Fort
Ancient City
Escorted Shopping
Golf in the City
Bangkok Weekend
Market (Chatuchak
Market)
Jim Thompson
House Museum
Tuk Tuks & Taxis
Hua-Hin & Cha-Am
Transfer
Thailand Vacation
Travel Tips
