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Legal Introduction
Thank you for visiting the Sunflower
Travel Corporation web site titled "sunflowertravel.com" (the
"Site"). In return for gaining access to the Site and using it, you
agree to be bound by the following Agreement without limitation or
qualification, so please carefully review this Agreement before
proceeding. If you do not intend to be legally bound by these terms and
conditions, do not access and use the Site. Sunflower Travel Corporation
reserves the right to change this Agreement and to make changes to any
of the products or programs described in the Site at any time without
notice or liability. Any such revisions are prospectively binding on you
and therefore you should periodically visit this page when you use the
Site to review the then current Agreement that binds you. Sunflower
Travel Corporation also reserves the right in its sole and unfettered
discretion to deny you access to the Site at any time. Sunflower Travel
Corporation enters into agreements with third parties from time to time
to provide our customers with the opportunity to obtain special
services, products or prices offered by the third party. You will not be
deemed to be violating this agreement when acting in accordance with the
terms and conditions of any such program. Likewise, the terms and
conditions in this agreement will be considered broadened to the extent
needed to permit such third parties to operate within the terms of a
written agreement they have entered into with us. The titles in this
Agreement are provided only for your convenience and are not to be used
in interpreting the Agreement.
Your representations and warranties
By using the Site, you represent and warrant that you are 18 years of
age or older and possess the legal right and ability to enter into this
Agreement and to use the Site in accordance with all of the terms and
conditions of this Agreement. You accept financial responsibility for
all use of the Site under your name or account, including without
limitation all uses of your account by others, including minors living
with you. You may allow other members of your household to use the Site
under your name or account only if you agree to pay all charges that
they incur and to be responsible for all other aspects of their usage.
You further agree to supervise all minors who use the Site under your
name or account. You agree not to assign, transfer, or sublicense your
rights pursuant to this Agreement.
Your indemnity obligation
You agree to indemnify, defend, and hold harmless Sunflower Travel
Corporation and its affiliates from and against any and all claims,
demands, proceedings, suits and actions, including any related
liabilities, obligations, losses, damages, deficiencies, penalties,
taxes, levies, fines, judgments, settlements, expenses (including legal
and accountants' fees and disbursements) and costs (collectively,
"Claims"), based on, arising out of or resulting from your use of the
Site, including without limitation any Claims alleging facts that if
true would constitute your breach of this Agreement.
Limitations on your use
Sunflower Travel Corporation provides the Site solely to permit you to
determine the availability of goods and services offered on the Site and
to make legitimate reservations or otherwise transact business with
Sunflower Travel Corporation, and for no other purposes. The Site is for
your personal, non-commercial use. You agree that you will use the
Site's services only to make legitimate reservations or purchases for
you or for another person for whom you are authorized to act both
legally and under the terms of this Agreement.
You agree that without limitation you shall not make any false
reservation or any reservation in anticipation of demand. You agree to
abide by the terms and conditions of purchase Sunflower Travel
Corporation imposes including, but not limited to, payment of all
amounts when due and compliance with all rules regarding availability of
fares, products, or services. You are completely responsible for all
assessments, charges, duties, fees, and taxes arising out of your use of
the Site.
You agree that you will not Misuse the Site. "Misuse" includes, but is
not limited to, using the Site to do any of the following:
- Distribute, disseminate,
post, or publish any
information or material
that degrades,
embarrasses, harasses,
humiliates, intimidates,
or threatens any
individual or group of
individuals on the basis
of their age, ancestry,
color, ethnicity, marital
status, medical condition,
mental or physical
disability, national
origin, race, sex, sexual
orientation, union or
nonunion affiliation, or
any other basis protected
by federal, state, or
local law or ordinance.
- Abuse, defame, harass,
stalk, threaten, or
otherwise violate others'
legal rights, including
but not limited to rights
of privacy and publicity.
- Download or upload files
that may damage the
operation of another's
computer, such as computer
viruses, corrupt files, or
similar software.
- Download or upload files
that contain materials,
including but not limited
to software that violate
the intellectual property,
privacy, or publicity
rights of others unless
you own, control, or have
been authorized to
exercise such rights.
- Misrepresent or omit the
origin or source of any
file you download or
upload.
- Download or upload files
that do not contain the
posted proprietary
language, author
attributions, and/or
copyright, patent, or
trademark notices.
- Distribute, disseminate,
post, or publish any
indecent, infringing,
obscene, or unlawful
information or material.
- Engage in any commercial
purpose including but not
limited to:
- Advertising or offering
to sell any goods or
services.
- Conducting contests or
surveys.
- Distributing chain
letters, or advertising
with respect to any Ponzi
scheme or pyramid scheme.
- Advertising or offering
to sell any business
opportunities, direct
sales opportunities,
employment, independent
contractor positions,
multi-level marketing
opportunities, or
securities.
- Post, send, or otherwise
disclose confidential
information, trade
secrets, or other
confidential and/or
protected proprietary data
of any entity or person,
including but not limited
to Sunflower Travel
Corporation
- Download or upload files
that you know, or
reasonably should know,
cannot be legally
distributed through the
Site.
- Upload, download, or
otherwise export or
re-export software from
the Site: (1) to a
national or resident of or
into any country the U.S.
has embargoed, including
without limitation, Cuba,
Iran, Iraq, Libya, North
Korea, Syria, or
Yugoslavia; (2) to anyone
on the U.S. Treasury
Department's Specially
Designated Nationals list,
or (3) to anyone on the
U.S. Commerce Department's
Table of Denial Orders.
- Copy or create
derivative works from,
display, distribute,
license, perform, publish,
recreate, reproduce, sell,
transfer, or transmit any
information, products,
services, or software
obtained by, from, or
through the Site.
- Monitor or copy any
Content by using any
manual process, or any
robot, spider, or other
automatic device, without
first obtaining Sunflower
Travel Corporations' prior
written consent.
- Act as an agent or
attorney in fact for any
person who is not:
- A member of your
immediate household; or
- Your direct supervisor
at your place of
employment.
- Take any action that
will or could impose an
unreasonable or
disproportionately large
load on our site
infrastructure.
- Engage in any other
conduct that is, or that
Sunflower Travel
Corporation deems to be,
in conflict with this
Agreement. Sunflower
Travel Corporation forbids
such Misuses, and access
of the Site for any such
Misuses or other similar
purposes is an
unauthorized use of the
Site.
No warranty
by Sunflower
Travel Corporation
The Content may contain
inaccuracies and/or
typographical errors.
Sunflower Travel Corporation
may alter, change or improve
the Content at any time and
without notice Sunflower
Travel Corporation makes no
representations or warranties
as to the Content's
completeness or accuracy, and
makes no commitment to update
the Content. Sunflower Travel
Corporation make no
representations about the
Content's suitability for any
purpose. YOU USE THE SITE AT
YOUR OWN RISK. THE CONTENT IS
PROVIDED "AS IS" AND
WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION
ANY IMPLIED WARRANTIES OF
EXPECTATION OF PRIVACY,
FITNESS FOR A PARTICULAR
PURPOSE, MERCHANTABILITY,
NON-INFRINGEMENT OR TITLE. IN
NO EVENT SHALL AMERICAN
AIRLINES VACATIONS OR ITS
AFFILIATES BE LIABLE FOR ANY
DAMAGES (WHETHER
CONSEQUENTIAL, DIRECT,
INCIDENTAL, INDIRECT,
PUNITIVE, SPECIAL OR
OTHERWISE) ARISING OUT OF, OR
IN ANY WAY CONNECTED WITH, THE
USE OF OR INABILITY TO USE THE
SITE OR FOR ANY OF THE CONTENT
OBTAINED THROUGH OR OTHERWISE
IN CONNECTION WITH THE SITE,
IN EACH CASE REGARDLESS OF
WHETHER SUCH DAMAGES ARE BASED
ON CONTRACT, STRICT LIABILITY,
TORT OR OTHER THEORIES OF
LIABILITY, AND ALSO REGARDLESS
OF WHETHER AMERICAN AIRLINES
VACATIONS WAS GIVEN ACTUAL OR
CONSTRUCTIVE NOTICE THAT
DAMAGES WERE POSSIBLE.
Sunflower Travel Corporation
neither warrants nor
represents that your use of
information and material on
the Site will not infringe
upon the intellectual property
rights of third parties.
Sunflower Travel Corporation
shall not be liable for any
virus or other damage to your
computer equipment or other
property due to your
accessing, browsing, or using
the Site or due to your
downloading any audio, data,
images, materials, pictures,
text or video from the Site.
Because Sunflower Travel
Corporation provides services
and products in many parts of
the world, the Site may refer
to certain goods, products,
and/or services that are not
available in your area. A
reference to goods, products,
and/or services without
limiting their geographic
scope does not imply that
Sunflower Travel Corporation
offers or intends to offer
those goods, products, and/or
services in all locations.
Use of
information you provide Sunflower
Travel Corporation
Consistent with the Sunflower
Travel Corporation privacy
policy, we ask you to provide
us with certain information
when you purchase travel or
when you take advantage of
certain personalized services.
You agree that when you
provide such information, the
information will be accurate.
Under no circumstances will
you provide false or
misleading information. We
agree to use this information
in a manner consistent with
our privacy policy. To review
our privacy policy click the
"Privacy Policy"
link at the bottom of any
page. For use of certain
services, we may provide you
with a pass code. This pass
code is proprietary to and the
property of Sunflower Travel
Corporation. However, you must
take precautions to insure the
security of your pass code.
Sunflower Travel Corporation
assumes no responsibility for
and will not be liable in the
event that another person
learns your pass code or uses
your pass code to cause damage
to you. While Sunflower Travel
Corporation takes reasonable
steps to safeguard and to
prevent unauthorized access to
your private information, we
cannot be responsible for the
acts of those who gain
unauthorized access, and we
make no warranty, express,
implied, or otherwise, that we
will prevent unauthorized
access to your private
information. IN NO EVENT SHALL
AMERICAN AIRLINES OR ITS
AFFILIATES BE LIABLE FOR ANY
DAMAGES (WHETHER
CONSEQUENTIAL, DIRECT,
INCIDENTAL, INDIRECT,
PUNITIVE, SPECIAL OR
OTHERWISE) ARISING OUT OF, OR
IN ANY WAY CONNECTED WITH, A
THIRD PARTY'S UNAUTHORIZED
ACCESS TO YOUR INFORMATION,
REGARDLESS OF WHETHER SUCH
DAMAGES ARE BASED ON CONTRACT,
STRICT LIABILITY, TORT OR
OTHER THEORIES OF LIABILITY,
AND ALSO REGARDLESS OF WHETHER
AMERICAN AIRLINES WAS GIVEN
ACTUAL OR CONSTRUCTIVE NOTICE
THAT DAMAGES WERE POSSIBLE.
No offer to
sell or buy securities
The information on the Site
does not constitute an offer
to sell, or the solicitation
of an offer to buy any
securities and must not be
relied upon in connection with
any investment decision.
Links to
other sites and to the Site
The Site may provide
hyperlinks or references to
other sites. While Sunflower
Travel Corporation endeavors
to provide links only to sites
that are reputable and safe,
we take no responsibility for
the information, products, or
services obtained on such
other sites and will not be
liable for any damages arising
from your access to such
sites. Sunflower Travel
Corporation provides any such
links to other sites merely
for your convenience and our
inclusion of such links and
frames in the Site does not
imply an endorsement of the
linked or framed sites, their
content, or the persons or
entities operating those
sites. Therefore, you assume
sole responsibility for using
links or pointers to third
parties. Sunflower Travel
Corporation specifically
denies you permission to
hyperlink or provide
references to the Site, unless
you are allowed to do so under
a separate written agreement
with Sunflower Travel
Corporation. You are also
denied permission to use any
trademarked or copyrighted
material to provide such
hyperlinks or references,
unless you are allowed to do
so under a separate written
agreement with Sunflower
Travel Corporation. Sunflower
Travel Corporation bears no
responsibility for sites that
provide hyperlinks or
references to the Site unless
those sites are operated by
Sunflower Travel Corporation.
Your
communication with us
Sunflower Travel Corporation
will not treat as confidential
any communications you send to
us by electronic mail or
otherwise. Sunflower Travel
Corporation has no obligation
to refrain from publishing,
reproducing, or otherwise
using your communications in
any way and for any purpose.
Sunflower Travel Corporation
does not accept or consider
unsolicited proposals related
to its business, including but
not limited to proposals for
advertising campaigns, logos,
names, processes, products,
promotions, services, slogans,
and technologies. Sunflower
Travel Corporation therefore
requests that you not send
such proposals. Please also
refrain from sending original
creative artwork, blueprints,
demonstratives, designs,
layouts, photographs, or
samples. Sunflower Travel
Corporation has adopted this
policy to prevent claims that
we have copied such
unsolicited ideas without
authorization, when, in fact,
we developed the idea
independent of or even long
before receiving the
unsolicited proposal. If you
do send us unsolicited
proposals, then do so with the
understanding that Sunflower
Travel Corporation may use any
concepts, ideas, inventions,
know-how, or techniques that
you disclose in those
communications for any
purpose, including the
developing, manufacturing,
and/or marketing of goods,
products, or services.
Sunflower Travel Corporation
may do so free of any
obligation to compensate you
for that use.
Comparison
monitoring of on-line chats or
telephone conversations with Sunflower
Travel Corporation
The Site may provide you the
ability to have an on-line
chat session with Sunflower
Travel Corporation or with
information as to how you can
contact Sunflower Travel
Corporation by telephone. You
may use these functions only
for business purposes related
to the Site. For quality
assurance purposes, Sunflower
Travel Corporation may
monitor, record, and/or
transcribe the contents of
these communications. By
contacting Sunflower Travel
Corporation, you agree that
the communication may be
monitored, recorded, and/or
transcribed and you consent to
the monitoring, recording,
and/or transcribing. Such
records may be kept
indefinitely or disposed of at
our discretion.
Your use of
Forums
You agree to use any bulletin
boards, chat rooms,
conferences, or other
communication or message
facilities
("Forums") contained
on the Site only to send and
receive material and messages
that are proper and related to
the particular Forum. You
further agree that you will
use the Forums in conformity
with all applicable laws and
this Agreement. You agree that
you will not Misuse a Forum.
Sunflower Travel Corporation
reserves the right to remove
at will and without notice any
Content on the Site, including
anything you post in a Forum.
You understand that any use by
you of a Forum constitutes a
public communication. You
understand that Sunflower
Travel Corporation owns any
and all information or
material that you post on a
Forum. You agree that you
waive all of the rights you
have to any information or
material that you post on a
Forum. Sunflower Travel
Corporation has the right to
do whatever it wishes with
that information or material,
including but not limited to
deleting or editing for any
reason any posting by you. You
further acknowledge that
Sunflower Travel Corporation
does not endorse or sponsor
any information or material
posted by Forum users, and
that Sunflower Travel
Corporation has no
responsibility to approve,
review, or screen such
information or material.
Forum for
actions, governing law, and
procedural restrictions
You agree that this Agreement
is made and entered into in
Sedgwick County, Kanas. You
agree that Kansas law governs
this Agreement's
interpretation and/or any
dispute arising from your
access to, dealings with, or
use of the Site, without
regard to conflicts of law
principles. Any lawsuit
brought by you related to your
access to, dealings with, or
use of the Site must be
brought in the state or
federal courts of Sedgwick
County, Kanas. You agree and
understand that you will not
bring against Sunflower Travel
Corporation, or any of their
affiliated entities, agents,
directors, employees, and/or
officers any class action
lawsuit related to your access
to, dealings with, or use of
the Site.
Other terms
This Agreement constitutes the
entire agreement governing
your access to, dealings with,
and use of the Site. Of
course, separate agreements
may attach to any goods,
products, or services you
obtain, purchase, or use from
the Site. In the case of a
conflict between this
Agreement and any agreement
specific to any goods,
products, or services that you
obtain, purchase, or use from
the Site, the terms of the
specific agreement shall
govern.
Any failure of Sunflower
Travel Corporation to assert
any rights it may have under
this Agreement does not
constitute a waiver of our
right to assert the same or
any other right at any other
time or against any other
person or entity. If any
provision of this Agreement is
found to be invalid or
unenforceable, then the
invalid or unenforceable
provision will be stricken
from this Agreement without
affecting the validity or
enforceability of any other
provisons. |
