TERMS AND CONDITIONS OF USE
2. For purposes of this Agreement, the use of any such material on any other web site or networked computer environment is prohibited. All trademarks, service marks, and trade names including, but not limited to, “Kingdom Planners” (collectively, the “Marks”) are proprietary to Kingdom Planners or other respective owners that have granted Kingdom Planners the right and license to use such Marks. Any use of content or descriptions; any derivative use of this Site or its contents; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event shall the user frame any portion of the Site or any content contained therein.
3. Kingdom Planners does not endorse or recommend any particular travel service supplier (“Supplier”). While Kingdom Planners uses reasonable efforts to include accurate and up-to-date information on the Site, Kingdom Planners makes no warranties or representations as to its accuracy and is not responsible for any misprints or technical failures that may result in misquotes. Kingdom Planners assumes no liability or responsibility for any errors or representations in the content of this Site.
4. The Site may contain links to other sites on the Internet that are owned and operated by Suppliers and other third parties (the “External Sites”). You acknowledge that Kingdom Planners is not responsible for the availability of, or the content located on or through, any External Sites. You should contact the site administrator or Webmaster of those External Sites if you have any concerns regarding such links or the content located on such External Sites.
5. Users of the Site may post comments, reviews, and other content and submit suggestions, ideas, or other information, provided the content does not contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or content which infringes upon the rights of any third party. The user agrees not to impersonate any person and/or other entity or communicate under a false name or a name the user is not entitled or authorized to use. Kingdom Planners has the right (but not the obligation) to remove, prohibit, edit or discontinue any content on the Site, including content that has been posted by users.
6. If you post content or submit material you grant Kingdom Planners and its affiliates a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and material as if it were the full owner thereof. Furthermore, you grant Kingdom Planners, its affiliates, and sublicensees the right to use your name and/or user name in connection with the content. You represent and warrant that all content and materials you provide shall be your original work product and will not be based on, or derived from, the proprietary information or items of a third party. You will defend, indemnify and hold Kingdom Planners and its affiliates harmless from any claims resulting from any content or materials you provide hereunder.
8. The Site may contain areas in which additional terms and conditions apply. For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and these Terms and Conditions, the terms and conditions of the other area shall prevail. Additionally, in the event of a conflict between any Booking Terms and Conditions and these Terms and Conditions, the Booking Terms and Conditions shall prevail. Kingdom Planners may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound.
9. You shall not transmit to Kingdom Planners or upload to this Site any Harmful Code or use or misappropriate the data on this Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “Trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.
10. Information contained on or made available through the Site is not intended to and does not constitute legal advice, recommendations, mediation or counseling under any circumstance and no attorney-client relationship is formed. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Site. You hereby acknowledge that your use of information on the Site or materials linked to the Site is entirely at your own risk. We are not a law firm and the Site is not a lawyer referral service.
11. You may not use your password for any unauthorized purpose.
12. We may terminate your access to our Site for any reason.
13. You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.
14. THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. KINGDOM PLANNERS SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT OR MATERIALS POSTED ON THE SITE. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, KINGDOM PLANNERS DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS.
15. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL KINGDOM PLANNERS OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF KINGDOM PLANNERS OR A KINGDOM PLANNERS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
16. Kingdom Planners is acting as a mere agent for Suppliers in arranging for the booking of, and management of reservations or bookings for services that are not directly supplied by Kingdom Planners (such as air and ground transportation, hotel accommodations, meals, tours, cruises, etc.). Kingdom Planners, therefore, shall not be responsible for breach of contract, failure to comply with any laws such as the Americans with Disabilities Act (ADA), or any acts including, but not limited to, intentional or negligent actions or omissions, on the part of such Suppliers, which result in any loss, damage, delay, inconvenience or injury to you or your companions or group members. Unless the term “guaranteed” is specifically stated in writing on your tickets, invoice, or reservation itinerary, Kingdom Planners does not guarantee any of such Supplier’s rates, bookings, reservations, connections, scheduling, or handling of baggage or other personal effects. Kingdom Planners shall not be responsible for any injuries, damages, or losses caused to any traveler in connection with terrorist activities, social or labor unrest, mechanical or construction failures or difficulties, diseases, local laws, climatic conditions, abnormal conditions or developments, or any other actions, omissions, or conditions outside the travel agent’s control. You assume complete and full responsibility for, and hereby release Kingdom Planners from, any duty of checking and verifying any and all passport, visa, vaccination, or other entry requirements of each destination, and all safety and security conditions of such destinations, during the length of the proposed travel. However, Kingdom Planners specifically recommends that U. S. Citizens traveling to Canada, Mexico or the Caribbean, do so with a valid U. S. Passport. For information concerning possible dangers at international destinations, contact the Travel Advisory Section of the U. S. State Department, (202) 647-5225, or access the State-Department’s on-line travel advisory service (www.state.gov/travel information/travel warnings). For medical information, call the U. S. Centers for Disease Control (CDC), (404) 332-4559 or log on to www.cdc.gov/travel. By embarking on your travel, you voluntarily assume all risks involved in such travel, whether expected or unexpected. You are hereby warned of the above risks as well as possible travel industry bankruptcies and medical and climatic disruptions, and the possibility that you may be unable to travel as scheduled because of personal emergency. You are advised to obtain appropriate insurance coverage against these risks; information is available through Kingdom Planners regarding travel insurance. Your retention of tickets, reservations, or bookings after issuance shall constitute consent to the above and an agreement on your part to convey the contents hereto to your travel companions or group members. Kingdom Planners is not responsible for disruptions of any kind stemming from weather or carrier or Supplier logistical problems.
17. Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of JAMS (www.jamsadr.com). Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Austin, Texas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in Austin, Texas necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS.