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LP Travel User Agreement

LP TRAVEL USER AGREEMENT
 
PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THE SERVICES OF LP TRAVEL.

Your use of services is expressly conditioned on your acceptance of the following terms and conditions. By using the services offered, you signify your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use the services offered.
 

  1. PRIVACY. You have read the LP Travel Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of your personal information by LP Travel and/or its third party providers and distributors in accordance with the terms of and for the purposes set forth in the LP Travel Privacy Policy.
     
  2. EXCLUSION OF WARRANTY. LP Travel and any third party providers and distributors make no warranty of any kind regarding any materials provided, all of which are provided on an "as is" basis. LP Travel and any third party providers and distributors do not warrant the accuracy, completeness, currency or reliability of any of the content or data found privided and such parties expressly disclaim all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. Some States do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific rights which vary from State to State.
     
  3. LIMITATION OF LIABILITY. LP Travel assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or your downloading of any materials, data, text, images, video or audio fom referenced sites. In no event shall LP Travel or any third party providers or distributors be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of content found herein, (ii) any failure or delay (including, but not limited to the use of or inability to use any services for reservations or ticketing), or (iii) the performance or non performance by LP Travel or any third party providers or distributors, including, but not limited to, non performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation even if such party has been advised of the possibility of damages to such parties or any other party.

    The carriers, hotels and other suppliers providing travel or other services are independent contractors and not agents or employees of LP Travel. LP Travel is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. LP Travel shall have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond its direct control, and shall have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority. By offering for sale travel to particular international destinations, lp travel does not represent or warrant that travel to such points is advisable or without risk, and is not liable for damages or losses that may result from travel to such destinations. In addition, LP Travel expressly reserves the right to correct any pricing errors (including, without limitation, typographical or display errors, incorrect supplier information, and currency conversion miscalculations) provided and/or on pending reservations made under an incorrect price. This right applies whether or not the order has been confirmed and/or your credit card charged. In the event of a correction to a pending reservation, as your sole and exclusive remedy we will offer you the opportunity to keep your pending reservation at the correct price or, at your option, we will cancel your reservation without penalty.

    If, notwithstanding the foregoing, LP Travel or any third party provider or distributor should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions, the liability of LP Travel and the third party providers and distributors shall in no event exceed, in the aggregate, the greater of (a) the subscription fee and service charge, or (b) US$100.00. Some states do not allow limitation of liability, so the foregoing limitation may not apply to you.
     
  4. INDEMNIFICATION. You shall defend and indemnify LP Travel and any third party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of the services of LP Travel (including without limitation any violation by you of this User Agreement).
     
  5. RELATIONSHIP. The relationship between LP Travel and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
     
  6. GOVERNING LAW. This Agreement and its performance shall be governed by the laws of the state of Ohio, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Franklin county, the state of Ohio, United States of America, in all questions and controversies arising out of your use of the services offered and this Agreement. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of these services must be brought within two (2) years from the date on which such claim or action arose or accrued
     
  7. ATTORNEY'S FEES. If LP Travel or its affiliates take any action to enforce this User Agreement and these terms and conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
     
  8. INJUNCTIVE RELIEF. You acknowledge that a violation or attempted violation of any of this User Agreement and these terms and conditions will cause such damage to LP Travel as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that LP Travel shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by LP Travel in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.
     
  9. TERMINATION. LP Travel may terminate this User Agreement and these terms and conditions and/or the provision of any of the services at any time for any reason, including your failure to comply with these terms and conditions. Such termination shall not affect any right to relief to which LP Travel and its third party providers and distributors may be entitled, at law or in equity. Upon termination of this User Agreement and these terms and conditions, all rights granted to you will terminate and revert to LP Travel and its third party providers or distributors, as applicable.
     
  10. ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
     
  11. MODIFICATION. LP Travel may at any time modify these terms and conditions and your continued use of the services will be conditioned upon the terms and conditions in force at the time of your use.
     
  12. ADDITIONAL TERMS. Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of services offered, and you agree to abide by such other terms and conditions. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that if you violate any such supplier's rules and restrictions, it may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, and in your forfeiting any monies paid for such reservation(s). LP Travel may debit your account or charge you for any costs we incur as a result of such violation.
     
  13. SEVERABILITY. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
     
  14. HEADINGS. The headings used in this User Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein.
     
  15. ENTIRE AGREEMENT. This User Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available in writing.