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Terms of Use

Luxury Travel Cloud Website Terms of Use

Last Revised on August 01, 2014

Welcome to the LuxuryTravelCloud.com website (the “Website”). This Website is presented basically to help out consumers in obtaining information about the availability of travel—related products or services, transacting online business with travel providers. The terms “we”, “us”, “our”, “LTC” and “Luxury Travel Cloud” refer to Koudy Group, a California corporation. The term “you” refers to the customer visiting the Website.

All protection provided to Luxury Travel Cloud is also provided to the sponsors, advertisers, affiliates, officers, employees, owners, volunteers, moderators, and board of director members of Luxury Travel Cloud and Koudy Group.

This Website is accessible to you conditioned upon your acceptance without changes of all the terms, conditions and notices set forth below (collectively the “Terms of Use” or “Agreement”). By accessing or using this Website YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND by the Terms of Use. Luxury Travel Cloud shall not be liable to you for any breach of these Terms of Use. If you do not accept the Terms of Use, please do not use this Website. We may at any time alter or modify these Terms of Use and your prolonged use of this Website is conditioned upon acceptance of the updated Terms of Use.

As a condition of any use of this Website , you guarantee that you are at least 18 years of age; you will use this Website in accordance with these Terms of Use; all information provided by you on this Website is true, correct, current and complete, and if you have an account with us, you will maintain your account data and be fully liable for any use of your account by you and any person other than you. We retain the right at our sole consideration to deny access to anyone to this Website and the services we provide, at any time and for any reason, including, but not limited to, for violation of these Terms of Use.

PROHIBITED ACTIVITIES

The content and information on this Website (including, but not limited to, prices, discounts, special offers and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers.

Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of Luxury Travel Cloud, including but not limited to all content, services, digital products, courses, events, tools or products is hereby expressly prohibited.

If you have conducted any fraudulent, abuse or suspicious activity, LTC reserves the right to restrict or refuse access to the webiste and take any necessary legal action. You may be liable for monetary losses to LTC, including litigation costs and damages. To contest the cancellation, freezing or closure of an account or use of the Website, please contact LTC Customer Service.

PRIVACY POLICY

We appreciate your trust. Please review our current Privacy Policy, which also governs your use of the Website, to understand our practices.

LIABILITY DISCLAIMER

The Data, Applications, Software, goods and services available on this Website may contain inaccuracies or errors , including pricing errors. Predominantly, the Luxury Travel Cloud and its Affiliates do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies concerning the information and description of the hotel, air, limo, cruise, car and other travel goods and services presented on this Website ( including, without limitation, the pricing, pictures, hotel details, broad product information, etc.).

Ratings presented on this Website are intended as only general guidelines, and the Luxury Travel Cloud and its Affiliates do not guarantee the accuracy of the ratings. Luxury Travel Cloud and its Affiliates and their respective suppliers make no guarantees about the availability of particular products and services. The Luxury Travel Cloud and its Affiliates and their respective suppliers may make upgrades and/or changes on the Website at any time.

The Luxury Travel Cloud and its Affiliates and their respective suppliers make no representations regarding the suitability of the information, applications, goods and services provided on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not conceive any endorsement or recommendation of such products or services by the Luxury Travel Cloud and its Affiliates . All such material, software, products and services are available “as is” without warranty of any kind.

The vendors, air, hotels, limos, and other suppliers offering travel or other services on this Website are independent contractors and not agents or employees of the Luxury Travel Cloud and its Affiliates. The Luxury Travel Cloud and its Affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such vendors and travel suppliers or for any personal injuries, death, property damage, or other damages or charges resulting there from. The Luxury Travel Cloud and its Affiliates have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.

The Luxury Travel Cloud and its Affiliates are not liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, data, information, software, applications, linked sites, products and services obtaining through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a principle of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if the Luxury Travel Cloud and its Affiliates and/or their respective suppliers have been advised of the possibility of such damages.

INDEMNIFICATION

You agree to defend and indemnify the Luxury Travel Cloud and its Affiliates, and/or their respective suppliers and any of their directors, officers, employees and agents from and against any claims, causes of action, losses, demands, recoveries, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable accounting and/or legal fees, brought by third parties as a result of:
– your breach of these Terms of Use;
– your violation of any law or the rights of a third party;
– your use of this Website.

LINKS TO THIRD-PARTY SITES

This Website may contain links to websites operated by parties other than LTC . Such links are offered for your recommendation only. We do not control such internet websites and are not responsible for their materials or the privacy or other practices of such websites. Further, it is your responsibility to take measures to ensure that whatever links you choose or application you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a dangerous nature. Our inclusion of links to such internet sites does not indicate any endorsement of the material on such websites or any association with their operators.

COPYRIGHT AND TRADEMARK NOTICES

All contents of this Website are © 2014 Luxury Travel Cloud. All rights reserved. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. LTC is not responsible for content on websites operated by parties other than Luxury Travel Cloud.

ACCOUNT TERMINATION

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Luxury Travel Cloud has adopted a policy of terminating, in appropriate circumstances and at LTC’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. LTC may also at its sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

NOTICE OF INFRINGING MATERIAL

If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice. You may send us your notice by email to support@luxurytravelcloud.com, Attn: Legal Dept., DMCA Complaints, or by using the contact information on the website.

GENERAL

Your use of mapping available on this Website is governed by the Google Terms of Use and Google Privacy Statement. Google reserve the right to change their Terms of Use and Privacy Statements at any time, at their sole discretion.

This Website is operated and managed by a U.S. entity and this Agreement is governed by the laws of the State of California, USA. You hereby agree to the exclusive jurisdiction and venue of courts in Solano County, California, USA, in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this paragraph.

You agree that no partnership, joint venture or employment relationships arise or exist between you and the Luxury Travel Cloud (Koudy Group) as a result of this Agreement or use of this Website.

Our performance of this Agreement is depending on existing laws, regulations and legal process, and nothing incorporated into this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or data provided to or collected by us with respect to such use. To the extent allowed by applicable law, you consent that you will bring any claim or cause of action arising from or relating to your connection or use of this Website within two years from the day on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

If any section or part of this Agreement is found to be invalid, unlawful or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our inability or delay in enforcing any provision of this Agreement at any time will not waive our right to enforce the equivalent or any other provision(s) hereof in the future.

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Luxury Travel Cloud with regards to this Website and it supersedes any previous or contemporaneous communications and propositions, regardless of whether oral, written or electronic, between the consumer and Luxury Travel Cloud with reference to this Website. A printed form of this Agreement and of any notice given in electronic digital form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the identical extent and subject to the same conditions as other business written documents and records originally produced and maintained in printed form.

Fictitious business names, goods, individuals, characters, and/or information mentioned on this Website are not intended to represent any real person, company, product, or event.

Any rights not expressly granted herein are reserved.