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All About Terms of Use
Terms Of Use For The Integrated Vacation Systems® Family Of Web Sites
Integrated Vacation Systems offers you access to the myBlueChipRentals
Web Site in exchange for your agreement to accept and comply with
the terms, conditions, and notices stated here and as may be modified
by Integrated Vacation Systems from time-to-time. Integrated Vacation Systems refers
to these terms, conditions, and notices, whether modified or unmodified,
as the "Agreement" or as the "Terms of Use". Integrated Vacation Systems
reserves the right to modify in its sole discretion this Agreement
and/or the myBlueChipRentals Web Site without providing notification.
You are responsible for regularly reviewing this Agreement. You
can review the most current version of the Agreement at any time
at by
clicking here.
Your use of certain web sites and/or web pages within the Integrated Vacation Systems
Web Sites may be subject to additional terms that are specific
to such web sites and/or web pages (the "Specific Terms") as either
contained (i) on this page below this Agreement and/or (ii) on
such web sites and/or web pages (for example, terms that typically
govern particular features or offers such as sweepstakes are typically
found on the relevant web site or web pages).
Outline Of Terms Of Use
For your convenience, Integrated Vacation Systems here provides a section-by-section
outline of the Terms of Use. To go directly to a specific section
contained in these Terms of Use, click on the appropriate link
below. Please note that this functionality is provided solely
for your convenience and in no way absolves you of your duty to
comply with each and every section of these Terms of Use.
INFORMATION PROVIDED TO YOU THROUGH THE myBlueChipRentals WEB
SITE
INFORMATION PROVIDED BY YOU THROUGH THE myBlueChipRentals WEB
SITE
SERVICES PROVIDED THROUGH THE myBlueChipRentals WEB SITE
GENERAL TERMS
Except where we specify otherwise, Integrated Vacation Systems offers you
access to the myBlueChipRentals Web Site solely for your personal
and non-commercial uses. You promise that you will not use the
myBlueChipRentals Web Site, in whole or in part, for any purpose
that is unlawful or prohibited by these Terms of Use or for any
purposes other than those that are personal and non-commercial.
You agree that you will not modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, create derivative
works from, frame in another Web page, use on any other web site,
transfer or sell any information, software, lists of users, databases
or other lists, products or services provided through or obtained
from the myBlueChipRentals Web Site. This means, among other
activities, that agree not to engage in the practices of "screen
scraping," "database scraping," or any other activity with the
purpose of obtaining lists of users or other information. You
agree that you will not use the myBlueChipRentals Web Site in
any manner that could damage, disable, overburden, or impair the
myBlueChipRentals Web Site or interfere with any other party's
use and enjoyment of the myBlueChipRentals Web Site. You may
not obtain or attempt to obtain any materials or information through
any means not intentionally made available or provided for through
the myBlueChipRentals Web Site.
If and when requested by Integrated Vacation Systems you agree to provide
true, accurate and complete user information and to refrain from
impersonating or falsely representing your affiliation with any
person or entity. Except with the written permission of Blue Chip
Rentals, you agree that you will not access or attempt to access
password protected, secure or non-public areas of the Blue Chip
Rentals Web Site. Unauthorized individuals attempting to access
prohibited areas of the myBlueChipRentals Web Site may be subject
to prosecution.
Except with the written permission of Integrated Vacation Systems, you
agree that you will not create links from any web site or web
page to any page within the myBlueChipRentals Web Site with the
exception of the myBlueChipRentals Web Site homepages. The origin
of any such link to the myBlueChipRentals Web Site homepage must
be accompanied by a clear and prominent attribution indicating
that the link is connected to the myBlueChipRentals Web Site homepage.
For example, prominently positioning the "Integrated Vacation Systems" name
and mark such that there is clear association between the name
and mark and the destination of the link is acceptable. However,
you agree that you will not juxtapose the "Integrated Vacation Systems"
name and mark and the link with your name or any other material(s)
in a manner which might give rise to any erroneous conclusion
that there is any affiliation or association between Integrated Vacation
Systems, on the one hand, and you or any other person or entity,
on the other hand. You agree that if Integrated Vacation Systems, in its
sole and unfettered discretion, requests in writing that you remove
any link or links to the myBlueChipRentals Web Site, you will
promptly do so. You agree that if you create any link to the
myBlueChipRentals Web Site that you will not employ any technology
that results in the placement of content from the myBlueChipRentals
Web Site in a frame and/or a reduced pop-up window and/or any
other display mechanism which changes the myBlueChipRentals Web
Site from how they would appear if a user typed in their URL
to a typical browser line.
You agree that Integrated Vacation Systems may in its sole discretion and
at any time terminate your access to and use of the myBlueChipRentals
Web Site, or any part thereof, with or without notice.
The myBlueChipRentals Web Site contain content and information
originated by Integrated Vacation Systems (the "Integrated Vacation Systems Content").
Integrated Vacation Systems presents and makes available such content and
information through the myBlueChipRentals Web Site as a public
service, for the sole purpose of aiding you, the individual consumer.
Integrated Vacation Systems, therefore, cannot guarantee the accuracy, sufficiency,
correctness, veracity, completeness, or timeliness of such information.
You are responsible for confirming the sufficiency and reliability
of any such information.
For your convenience, the myBlueChipRentals Web Site contain
content and information from Integrated Vacation Systems's affiliates and/or
links to affiliate web sites ("Affiliate Content"). Such content
is not under the control of Integrated Vacation Systems and Integrated Vacation Systems
is not responsible for such content, including without limitation
any link contained in such content, or any changes or updates
to such content. Integrated Vacation Systems is providing such content to
you only as a convenience, and the inclusion of such content does
not imply endorsement by Integrated Vacation Systems of such content or
the affiliate. You may be subject to additional and/or different
terms, conditions, and privacy policies when you use affiliate
services, content, software or sites.
The myBlueChipRentals Web Site includes a number of venues such
as bulletin boards, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication
facilities designed to enable you to exchange thoughts and opinions
with other members of the public ("Public Content"). Since Integrated
Vacation Systems firmly believes in the value of free and open exchanges,
it makes no effort and is under no obligation to monitor, pre-screen,
or otherwise censor such thoughts and opinions. Therefore, Integrated
Vacationer Systems cannot guarantee the appropriateness, accuracy, sufficiency,
correctness, veracity, completeness or timeliness of such thoughts
and opinions. You are responsible for confirming the sufficiency
and reliability of any such thoughts or opinions you may use or
rely upon.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, INCLUDING
BUT NOT LIMITED TO Integrated Vacation Systems CONTENT, AFFILIATE CONTENT,
AND PUBLIC CONTENT, PROVIDED BY Integrated Vacation Systems THROUGH THE
myBlueChipRentals Web Site IS AT YOUR SOLE RISK. SUCH INFORMATION
IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BLUE CHIP
RENTALS MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES,
OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY,
CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF SUCH
INFORMATION. Integrated Vacation Systems EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. Integrated Vacation Systems SHALL HAVE NO
LIABILITY TO YOU OR ANY OTHER USER OF SUCH INFORMATION OR TO ANY
THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS
OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE
UPON SUCH INFORMATION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE myBlueChipRentals Web Site IS DONE AT YOUR
OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
In order for you to participate in certain services that Integrated Vacation Systems
provides through the myBlueChipRentals Web Site, Integrated Vacation Systems will
require that you provide specific information about yourself (the
"Integrated Vacation Systems Solicited Information"). If you choose to participate
in such services, you agree to provide true, accurate and complete
information and to refrain from impersonating or falsely representing
your affiliation with any person or entity. Integrated Vacation Systems is committed
to maintaining the privacy and security of any and all such information
that you provide to Integrated Vacation Systems through the Integrated Vacation Systems Web
Site. To that end, Integrated Vacation Systems urges you to review the Integrated Vacation Systems
Privacy Policy which may be accessed by clicking on the following
link:
To the Public
The myBlueChipRentals Web Site include a number of venues such as
bulletin boards, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication
facilities designed to enable you to share your thoughts and opinions
with other members of the public ("Your Publicly Posted Information").
Since Integrated Vacation Systems firmly believes in the value of free and open
exchanges, it makes no effort and is under no obligation to monitor,
pre-screen, or otherwise censor your thoughts and opinions. Therefore,
Integrated Vacation Systems cannot be responsible for the appropriateness, accuracy,
sufficiency, correctness, veracity, completeness, or timeliness
of such thoughts and opinions. Always use caution when posting
any personally identifying information about yourself or your
children on any of the myBlueChipRentals Web Site.
You promise that you will not use the myBlueChipRentals Web Site
to:
- (a) post, upload or otherwise transmit any content not related
to appropriate subject matters;
- (b) post, upload or otherwise transmit any content which is
misleading to others, including consumers;
- (c) post, upload or otherwise transmit any content that is
unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable;
- (d) post, upload or otherwise transmit any content that you
do not have a right to post and transmit under any law or under
contractual relationships;
- (e) post, upload or otherwise transmit any content, such that
such posting, uploading, or transmission constitutes the infringement
of any patent, trademark, trade secret, copyright or other proprietary
rights of any party;
- (f) post, upload or otherwise transmit any materials that
contain software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment;
or
- (g) intentionally or unintentionally violate any applicable
local, state, national or international law, or any regulations
having the force of law, including the Civil Rights Act of 1866,
the Fair Housing Act, the Americans with Disabilities Act, and
the Equal Credit Opportunity Act.
By posting content to the myBlueChipRentals Web Site, you grant
Integrated Vacation Systems a non-exclusive license to (i) host, use, reproduce,
modify, distribute, transmit, combine with information provided
by third parties, and publicly display such content on and through
web sites controlled by Integrated Vacation Systems, including but not limited
to the myBlueChipRentals Web Site, and co-branded or mirrored versions
of such sites, and in Integrated Vacation Systems's promotional or advertising
materials, and (ii) sublicense to third parties such content to
the extent necessary for the creation and maintenance of, in part
or in whole, such sites.
You acknowledge that while Integrated Vacation Systems does not pre-screen
content posted by you to the myBlueChipRentals Web Site, Integrated Vacation Systems
and its designees shall have the right (but not the obligation)
in their sole discretion to refuse or remove any content that
is posted by you or any other party to the myBlueChipRentals Web Site.
Without limiting the foregoing, Integrated Vacation Systems and its designees
shall have the right to remove any content that violates this
Agreement or is otherwise objectionable, and to terminate your
access to any or all of the myBlueChipRentals Web Site at any time
without notice for any reason whatsoever. You agree that you must
evaluate, and bear all risks associated with, the use of any content
you post to the myBlueChipRentals Web Site, including any reliance
on the accuracy, completeness, or usefulness of such content.
Integrated Vacation Systems reserves the right at all times to disclose any
information as necessary to satisfy any applicable law, regulation,
legal process or governmental request.
By posting, uploading, inputting, providing or submitting content
to the myBlueChipRentals Web Site, you warrant and represent that
you own or otherwise control all of the rights to such content
including, without limitation, all the rights necessary for you
to provide, post, upload, input or submit such content.
YOU AGREE TO INDEMNIFY AND HOLD Integrated Vacation Systems AND ITS, SUPPLIERS,
AFFILIATES, SUBSIDIARIES, EMPLOYEES HARMLESS FROM ANY AND ALL
CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS'
FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF ANY INFORMATION,
INCLUDED BUT NOT LIMITED TO Integrated Vacation Systems SOLICITED INFORMATION,
AFFILIATE SOLICITED INFORMATION, AND YOUR PUBLICLY POSTED INFORMATION,
SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU TO THE Integrated Vacation Systems
WEB SITE AND/OR Integrated Vacation Systems AND/OR ITS AFFILIATES.
Integrated Vacation Systems provides through the myBlueChipRentals Web Site a
number of venues in which interactive services ("Interactive Services"),
such as on-line calculators, planning tools, and checklists, are
offered to you. Such services are offered by Integrated Vacation Systems for
the sole purpose of disseminating information for the public's
benefit. Integrated Vacation Systems cannot guarantee the accuracy, sufficiency,
correctness, veracity, completeness, or timeliness of such services.
You are responsible for confirming the sufficiency and reliability
of any such service.
THE INFORMATION CONTAINED IN AND PROVIDED THROUGH BLUE CHIP RENTAL'S
INTERACTIVE SERVICES ARE NOT INTENDED NOR IMPLIED TO BE A SUBSTITUTE
FOR PROFESSIONAL ADVICE. Integrated Vacation Systems MAKES NO EXPRESS OR
IMPLIED REPRESENTATION, WARRANTY OR GUARANTEE IN CONNECTION WITH
THE INFORMATION CONTAINED IN AND PROVIDED THROUGH SUCH SERVICES,
INCLUDING THE APPROPRIATENESS, ACCURACY, CORRECTNESS, VERACTIY,
VALUE, SUFFICIENCY, TIMELINESS, OR COMPLETENESS OF THE DATA, METHODS
AND OTHER INFORMATION CONTAINED IN AND PROVIDED THROUGH SUCH SERVICES.
Integrated Vacation Systems EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT WITH REGARD TO SUCH SERVICES. BLUE
CHIP RENTALS SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER
OF SUCH SERVICES OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE,
OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE
DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY
OR INDIRECTLY BY ANY ERROR OR OMISSION, OR ARISING OUT OF, OR
IN CONNECTION WITH, THE INFORMATION CONTAINED IN OR PROVIDED THROUGH
SUCH SERVICES. IN NO EVENT WILL Integrated Vacation Systems BE LIABLE TO
ANY USER OF SUCH SERVICES OR TO ANY THIRD PARTY FOR ANY DECISION
MADE OR ACTION TAKEN BY ANY USER OF SUCH SERVICES OR ANY THIRD
PARTY IN RELIANCE UPON THE INFORMATION CONTAINED IN OR PROVIDED
THROUGH SUCH SERVICES. A USER'S SOLE AND EXCLUSIVE REMEDY FOR
DISSATISFACTION WITH SUCH A SERVICE IS TO STOP USING THE SERVICE.
A number of commercial services, such as travel and financial
services, are offered by third parties through the Integrated Vacation Systems
Web Site. You acknowledge that by permitting such services to
be offered through the myBlueChipRentals Web Site, Integrated Vacation Systems
is acting as a passive conduit for the transmission to such third
parties of any information related to such services that you submit
to Integrated Vacation Systems. In order for Integrated Vacation Systems to distribute
your information and facilitate contacts between you and such
third parties, you hereby grant Integrated Vacation Systems permission to
disclose any and all of the information that you provide to Blue
Chip Rentals to any such third party that Integrated Vacation Systems, in
its sole discretion, deems relevant and appropriate.
Any information that you provide to Integrated Vacation Systems must be true,
complete, and accurate, must not represent you as someone else
or falsely identify you, and must not violate any law, statute,
ordinance or regulation. You are solely responsible for such information
and for all of the terms and conditions of transactions between
you and such third parties, including, without limitation, terms
regarding warranties, insurance, fees, taxes, titles and licenses.
You must not submit a request for a third party service through
the myBlueChipRentals Web Site unless you intend, in good faith,
to contract with such third party for the use of such service.
Integrated Vacation Systems is not and will not be responsible for (i) the
terms and conditions of any transaction between you and any third
party, (ii) any insufficiency of or problems with any such third
party's background, insurance, credit or licensing, or (iii) the
quality of services performed by any such third party or any other
legal liability arising out of or related to the performance of
such services. In the event that you have a dispute with any such
third party, you release Integrated Vacation Systems (and its affiliates, agents
and employees) from any and all claims, demands and damages (actual
and consequential) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising
out of or in any way connected with such disputes.
This Agreement is governed by the laws of the State of Delaware,
U.S.A. You hereby consent to the exclusive jurisdiction and venue
of courts sitting in Delaware in all disputes arising out of or
relating to the use of the myBlueChipRentals Web Site. Use of
the myBlueChipRentals Web Site is unauthorized in any jurisdiction
that does not give effect to all provisions of these terms and
conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or
agency relationship exists between you and Integrated Vacation Systems as a
result of this Agreement or use of the myBlueChipRentals Web Site.
Integrated Vacation Systems's performance of this Agreement is subject to existing
laws and legal process, and nothing contained in this Agreement
is in derogation of Integrated Vacation Systems's right to comply with governmental,
court and law enforcement requests or requirements relating to
your use of the myBlueChipRentals Web Site or information provided
to or gathered by Integrated Vacation Systems with respect to such use. If any
part of this Agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth above,
then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the
intent of the original provision and the remainder of the Agreement
shall continue in effect. Unless otherwise specified herein, this
Agreement constitutes the entire agreement between you and Integrated Vacation Systems
with respect to the myBlueChipRentals Web Site and it supersedes
all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between you and Integrated Vacation Systems with
respect to the myBlueChipRentals Web Site. A printed version of this
Agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon
or relating to this Agreement to the same extent and subject to
the same conditions as other business documents and records originally
generated and maintained in printed form.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON
THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Integrated Vacation Systems,
ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THIS SITE AT ANY TIME.
IN NO EVENT SHALL Integrated Vacation Systems AND/OR ITS SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN
ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Integrated Vacation Systems
WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Integrated Vacation Systems
WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Integrated Vacation Systems
WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Integrated Vacation Systems
WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF Integrated Vacation Systems OR ANY OF ITS SUPPLIERS
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Integrated Vacation Systems
WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE myBlueChipRentals Web Site.
You agree to indemnify, defend and hold harmless Integrated Vacation Systems,
its partners, affiliates, subsidiaries and suppliers from any
liability, loss, claim and expense (including attorneys' reasonable
fees) related to your violation of this Agreement.
All materials on the myBlueChipRentals Web Site (as well as
the organization and layout of the myBlueChipRentals Web Site)
are owned and copyrighted or licensed by Integrated Vacation Systems, its
affiliates or its suppliers. (c) 1999, 2002 Integrated Vacation Systems,
Inc. All rights reserved. No reproduction, distribution, or transmission
of the copyrighted materials at the myBlueChipRentals Web Site
is permitted without the written permission of Integrated Vacation Systems.
Any rights not expressly granted herein are reserved.
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