WEBSITE TERMS OF SERVICE
WELCOME TO EXCELLENT ROMANTIC VACATIONS.COM. PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS YOUR USE OF THE EXCELLENT ROMANTIC VACATIONS.COM WEBSITE. IT EXEMPTS EXCELLENT ROMANTIC VACATIONS.COM AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY, AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ.
CHANGES TO THIS AGREEMENT
EXCELLENT ROMANTIC VACATIONS.COM MAY, IN ITS SOLE DISCRETION, CHANGE THIS AGREEMENT FROM TIME TO TIME AS IT RELATES TO FUTURE USE OF THE WEBSITE, BY POSTING A REVISED AGREEMENT ON THE WEBSITE. BY USING THE WEBSITE AFTER THIS REVISED AGREEMENT HAS BEEN POSTED, YOU SIGNIFY YOUR ACCEPTANCE AND AGREEMENT TO BE BOUND BY THE REVISED AGREEMENT. YOU MAY NOT CHANGE THIS AGREEMENT IN ANY MANNER.
This Agreement contains the following provisions:Your Acceptance of this AgreementPermission to Use the WebsiteOwnership and Permitted Use of the WebsiteOther Sites/ResourcesMisprints and ErrorsTrade-mark InformationUnsolicited SubmissionsDisclaimers, Liability Exclusions/Limitations and IndemnityPersonal Information PrivacyAffiliate DisclosureTerminationGoverning Law and Dispute ResolutionOther Matters
1. YOUR ACCEPTANCE OF THIS AGREEMENT
This is an Agreement between you and all persons you represent (and for purposes of this Agreement, "person" includes natural persons and any type of incorporated or unincorporated entity) and GREG MATTSON and MAUREEN MATTSON ("Excellent Romantic Vacations.com") regarding your access to and use of Excellent Romantic Vacations.com's website and all content, information, products and services available on or through the website (collectively, the "Website"). This Agreement may also provide benefits to EXCELLENT ROMANTIC VACATIONS.COM's affiliates, service providers, suppliers and other persons.
Each time you use the Website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by this Agreement as it then reads, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement on behalf of the person you purport to represent, you may not access or use the Website.
The Website is for convenience and informational purposes only and is not intended to convey advice or recommendations, or an offer to sell any product or service.
2. PERMISSION TO USE THE WEBSITE
You may use the Website only if you have reached the age of majority where you live and you can form legally binding contracts under applicable law. You may not use the Website if you live in a jurisdiction where access to or use of the Website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Website is lawful, and you must comply with all applicable laws.
3. OWNERSHIP AND PERMITTED USE OF THE WEBSITE
The Website (including all content, page headers, custom graphics, button icons, and scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through the Website) is the property of Excellent Romantic Vacations.com and others, and is protected by Canadian and international copyright, trademark and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content. The Website is made available to you for your lawful, personal use only. You may use the Website only in the manner described expressly in this Agreement and subject to all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited.
You may print Website pages provided that you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Excellent Romantic Vacations.com . You may not sell or resell any part of the Website or access to the Website. You may not use any of the software that is used in the operation or provision of the Website except while you are using the Website in accordance with this Agreement.
4. OTHER SITES/RESOURCES
For your convenience, the Website may include links or references to other Internet sites or resources and businesses operated by other persons not related to Excellent Romantic Vacations.com (collectively "Other Sites"). Other Sites are independent from Excellent Romantic Vacations.com , and Excellent Romantic Vacations.com has no responsibility or liability for or control over Other Sites, their business, goods, services, or content.
Excellent Romantic Vacations.com does not sponsor or endorse Other Sites or their business, goods, services, or content, unless expressly indicated in writing. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you will not make any claim against Excellent Romantic Vacations.com arising from, connected with, or relating to your use of Other Sites or your dealings with the owners or operators of Other Sites. As between you and Excellent Romantic Vacations.com , this Agreement, with all necessary modifications, applies to your access and use of any Other Sites and their business, goods, services and content. Please make sure that their services are what you require.
5. MISPRINTS AND ERRORS
Excellent Romantic Vacations.com endeavours to provide current and accurate information on the Website. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. Excellent Romantic Vacations.com cannot guarantee that products and services advertised on the Website will be available when ordered or thereafter. Excellent Romantic Vacations.com does not warrant that the content of the Website including, without limitation, schedules, product descriptions or photographs, is accurate or complete.
Excellent Romantic Vacations.com reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person.
The advertisements on the Website are invitations to you to make offers to purchase products and services from third party vendors that have no connection with Excellent Romantic Vacations.com and are not offers to sell by Excellent Romantic Vacations.com. See AFFILIATE DISCLOSURE below.
6. TRADE-MARK INFORMATION
Excellent Romantic Vacations.com™, and other names and logos appearing on or in connection with Website (the "Marks") are registered or unregistered trademarks, service marks, tradenames and logos owned or licensed by Excellent Romantic Vacations.com or their respective owners or licensees.
Any use of the Marks, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Website or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of the Marks.
7. UNSOLICITED SUBMISSIONS
If you send submissions, testimonials, or suggestions ("Submissions") to Excellent Romantic Vacations.com or the Website, you automatically grant (or warrant that the owner of the Submissions grants) to Excellent Romantic Vacations.com and its successors, assigns and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use and exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Excellent Romantic Vacations.com or its successors, assigns and licensees, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of Excellent Romantic Vacations.com and its successors, assigns and licensees.
8. DISCLAIMERS, LIABILITY EXCLUSIONS/LIMITATIONS AND INDEMNITY
YOUR ACCESS TO AND USE OF THE WEBSITE AND ANY CONTENT LINKED TO DIRECTLY OR INDIRECTLY THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE DISCLAIMED BY EXCELLENT ROMANTIC VACATIONS.COM TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WITH REGARD TO VENDORS AND INFORMATION PROVIDERS WHICH MAY BE LINKED TO EXCELLENT ROMANTIC VACATIONS.COM, WE DO NOT INVESTIGATE, ENDORSE OR OTHERWISE RECOMMEND OR APPROVE OF ANY PRODUCT OR MERCHANT INFORMATION LOCATED ON OR AVAILABLE THROUGH OUR SITE, EMAIL CORRESPONDENCE AND RSS FEEDS/BLOGS.
EXCELLENT ROMANTIC VACATIONS.COM AND ITS PROVIDERS WILL NEVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THIS AGREEMENT INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY EXCELLENT ROMANTIC VACATIONS.COM OR ANY PERSON FOR WHOM EXCELLENT ROMANTIC VACATIONS.COM IS RESPONSIBLE, AND EVEN IF EXCELLENT ROMANTIC VACATIONS .COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED. EXCELLENT ROMANTIC VACATIONS.COM's TOTAL LIABILITY TO YOU FOR DAMAGES IS LIMITED TO THE AMOUNT OF $100.
ACKNOWLEDGEMENT AND EXCLUSION BY STATUTE IN CERTAIN JURISDICTIONS
THE EXCLUSION OF CERTAIN WARRANTIES AND THE LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED IN SOME JURISDICTIONS. THESE STATUTORY PROHIBITIONS MAY APPLY TO YOU.
Excellent Romantic Vacations.com does not collect personally identifiable information from you. Excellent Romantic Vacations.com does collect email addresses of users who contact us.In order to bring you offers that we believe are of interest to you, we have relationships with several other companies that we allow to place advertising on the pages of our website.
As a result of your visit to our site, these ad server companies/advertisers/outside companies may collect information such as the following:
Additionally, these third parties may place and read cookies on your web browser, or utilize web beacons to gather information, in the course of ads being served on our website.
If you so desire, you can control cookie management on your web browser by accessing the following:
For further information, consult the individual privacy policies of:
10. AFFILIATE DISCLOSURE
At Excellent Romantic Vacations.com, we want to remain transparent with you, our readers, by disclosing information on the companies and programs we have a commercial relationship with. This website receives compensation from some of the companies whose hotels, inns, vacation rentals and tours we feature and link to. It helps support this site. We only recommend accommodation or tours we have used or researched thoroughly.
These programs include, but are not limited to:
The above list of programs may change at any time. If you click a contextual ad, text link or banner ad on our site that takes you to one of the sites we are affiliated with, and/or make a purchase from that affiliate, we receive a small payment or commission from that click or sale.
Notwithstanding any other provision of this Agreement, Excellent Romantic Vacations.com may in its discretion change, discontinue, modify, restrict, suspend or terminate the Website or any part of it without any notice or liability to you or any other person. Excellent Romantic Vacations.com may in its discretion and for its convenience at any time immediately terminate, temporarily or permanently, this Agreement or your permission to access and use the Website without any notice or liability to you or any other person.
If this Agreement or your permission to access or use all or any part of the Website is terminated for any reason, then this Agreement and all other then existing agreements between you and Excellent Romantic Vacations.com will continue to apply and be binding upon you regarding your prior access to and use of the Website, and anything connected with, relating to or arising from your use.
12. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement, your access to and use of the Website, and all related matters are governed solely by the laws of British Columbia, Canada and applicable federal laws of Canada. You hereby irrevocably submit and attorn to the original and exclusive jurisdiction of British Columbia in respect of all disputes.
If there is any dispute arising out of or relating to this Agreement, then the parties will use reasonable and good faith efforts to resolve such dispute, first by direct negotiation and then, if that is not successful, by mediation with a neutral third party mediator acceptable to both parties. Each party will bear its own costs and expenses in connection with any mediation and all costs and expenses of the mediator will be shared equally by the parties.
Any dispute arising out of or relating to this Agreement that its not settled by agreement between the parties within a reasonable time will be settled exclusively by binding arbitration by a single arbitrator. The location of the arbitration will be Vancouver, Canada. The arbitration will be governed by the Commercial Arbitration Act (British Columbia). The arbitrator will be selected and the arbitration conducted in accordance with the British Columbia International Arbitration Rules ("Rules") and conducted by the British Columbia International Commercial Arbitration Centre, except that the provisions of this Agreement will prevail over the Rules. The parties will share equally in the fees and expenses of the arbitrator and the cost of the facilities used for the arbitration hearing, but will otherwise each bear their respective costs incurred in connection with the arbitration. Depositions will not be allowed, but information may be exchanged by other means. The parties will use their best efforts to ensure that an arbitrator is selected promptly and that the arbitration hearing is conducted no later than 3 months after the arbitrator is selected. The arbitrator must decide the dispute in accordance with the substantive law of British Columbia. This requirement does not, however, mean that the award is reviewable by a court for errors of law or fact. Following the arbitration hearing, the arbitrator will issue an award and a separate written decision which summarizes the reasoning behind the award and the legal basis for the award.
The arbitrator will not:
(i) award damages excluded by the terms of this Agreement (ii) award damages in excess of the amount, if any, limited by the terms of this Agreement; or (iii) require one party to pay another party's costs, fees, attorney’s fees or expenses.
The award of the arbitrator will be final and binding on each party. Judgement upon the award may be entered in any court of competent jurisdiction.
The dispute resolution procedures described in this Article are the sole and exclusive procedures for the resolution of any disputes which arise out of or are related to this Agreement, except that a party may seek preliminary or temporary injunctive relief from a court if, in that party's sole judgment, such action is necessary to avoid irreparable harm or to preserve the status quo. If a party seeks judicial injunctive relief as described in this Section, then the parties will continue to participate in good faith in the dispute resolution procedures described in this Article. The parties agree that no court which a party petitions to grant the type of preliminary or temporary injunctive relief described in this Section may award damages or resolve the dispute. Notwithstanding the foregoing, Excellent Romantic Vacations.com is not precluded at any time from seeking injunction relief against the other Party for intellectual property infringement in British Columbia or in the jurisdiction where the other Party is domiciled or resident or where the infringement is taking place.
13. OTHER MATTERS
If any provision of this Agreement is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from this Agreement and the remaining provisions will continue in full force and effect . This Agreement enures to the benefit of and is binding upon each of Excellent Romantic Vacations.com and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign this Agreement or the rights and obligations under this Agreement. Excellent Romantic Vacations.com may assign this Agreement and its rights and obligations under this Agreement without your consent. No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties.
The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s'y rapportent soient rédigés en anglais.
Any rights not expressly granted by these Terms of Service are reserved to Excellent Romantic Vacations.com.
You may contact Excellent Romantic Vacations.com at the following:
info (at) excellent-romantic-vacations.com