WEBSITE TERMS OF USE AGREEMENT
1. Acceptance of Terms and Conditions
This Website Terms of Use Agreement governs your use of the website located at www.dt.com (collectively, the “Site”) which is owned and operated by Direct Travel, Inc. (the “Company,” “DT,” “we,” “us” or “our”).
BY ACCESSING, BROWSING OR USING THE SITE OR ANY PAGES OF THE SITE, YOU ARE INDICATING THAT YOU HAVE READ AND ACKNOWLEDGE AND AGREE TO BE BOUND BY THIS WEBSITE TERMS OF USE AGREEMENT (COLLECTIVELY, “TERMS AND CONDITIONS”), AND THE COMPANY’S WEBSITE PRIVACY POLICY LOCATED AT WWW.DT.COM/PRIVACY.ASPX. IF YOU DO NOT AGREE TO EVERY PROVISION OF THESE TERMS AND CONDITIONS AND THE COMPANY’S WEBSITE PRIVACY POLICY, PLEASE DO NOT ACCESS, BROWSE OR USE THE SITE.
BY ACCEPTING THESE TERMS AND CONDITIONS, YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER AND THAT, IF YOU HAVE ACCEPTED THESE TERMS AND CONDITIONS ON BEHALF OF ANY BUSINESS (SUCH AS A CORPORATION, PARTNERSHIP, LIMITED LIABILITY COMPANY OR OTHER ORGANIZATION) OR OTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE LEGAL AUTHORITY TO DO SO. YOU ALSO REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO REGISTER TO USE THE SITE ACCORDING TO THESE TERMS OF USE.
2. Revisions to these Terms and Conditions
These Terms and Conditions may be revised at any time for any reason, and we may provide you notice of these changes by any reasonable means, including by posting the revised version of the Terms and Conditions on the Site. You can determine when we last updated these Terms and Conditions by referring to the “Last Updated” legend at the bottom of these Terms and Conditions. By accessing, browsing or using the Site following the posting of changes to these Terms and Conditions, you accept such changes. You agree to use the Site for lawful purposes only in a manner consistent with any and all applicable rules, laws and regulations. Any use of the Site in a manner inconsistent with these Terms and Conditions is deemed unauthorized access and may subject the user to civil or criminal penalties. We strongly recommend that you periodically visit this page of the Site to review these Terms and Conditions.
3. Use of Site; Site Content
Your use of the Site is subject in all respects to these Terms and Conditions. The Site and all material on the Site or contained therein, all text, graphics, and other works on the Site, the Site’s design and coding, all computer programs used and licensed in connection with the Site, the look and feel of the Site, and all data and reports generated by the Site (collectively, the “Site Content”) are owned by us or a third-party. These materials are protected under copyright, trademark and other laws. You may not copy, download, transmit, modify, distribute or republish the Site or any portion of the Site, including without limitation any of the Site Content without the prior written consent of Company. You may not sell, publicly display, create derivative works of, reverse engineer, assign, sub-license, transfer or otherwise exploit the Site or any Content. Use of any Site Content is prohibited without the prior written permission of Company.
4. Registered Users
The Site provides all users (“you”) with information about DT and its services. The Site may allow users to register for an account and password (“Registered Users”). The Site provides Registered Users with access to directories and servers solely in connection with the use of the service offered through the Site. In addition, certain services may be available only to employees of our client “Participating Employers,” which are companies that have entered into agreements with DT to make the specific services available to employees of the company. If you have any questions about whether your employer is a Participating Employer, contact your employee benefits administrator.
Each registration is for a single user only. In consideration of your use of the Site, you agree to provide accurate, current and complete information about yourself or your company as requested on the Site registration form and to maintain and promptly update the information (including, in particular, your e-mail address) you provide from time to time as necessary to keep the information true, accurate, current and complete. Any changes to your registration information should be made on the Site. If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Site.
After you register on the Site, you may receive a password for your use of the Site. You are responsible for keeping your password confidential. You will be responsible for all uses and activity that occurs through your password or account, and you will close the browser window for the Site at the end of each use. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.
5. User Responsibilities
In some cases, to become a Registered User, your employer must be a Participating Employer and you must complete the enrollment process on the Site. As a Registered User, you are responsible for all activity occurring under your accounts, including unauthorized use of credit cards, charge-backs, debit memos and charges incurred as a result of such activity. As a condition of using the Site, you agree to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Site, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify us immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report such unauthorized use to us immediately and use reasonable efforts to stop immediately any unauthorized copying or distribution of content that is known or suspected by you; and (iii) not impersonate another Registered User or provide false identity information to gain access to or use the service.
6. Third-Party Services
The Site may contain functions that enable you to view information gathered from the websites of third parties, directories and servers (“Third-Party Websites”) that offer to sell corporate travel, event planning, leisure or other products and services, including but not limited to the product description, product price, schedules, availability, ratings, location and directions, weather forecasts, and other information. The third-party services available on the Site are provided as a convenience to you. We are not responsible for the content or quality of any Third-Party Websites, or the products and services or conduct of third parties. We have no control over, and we have no liability for, the products or services sold by any provider, or for the use of any payment card information you may give or direct us to give to any provider of products and services, including without limitation the legality, quality, safety, or suitability of any products or services. You are solely responsible for complying with all terms and conditions, disclaimers, and restrictions relating to the products and services you choose to purchase using the Site or any Third Party Websites, as well as with any other legal obligation, including without limitation obligations under copyright, secrecy, privacy, defamation, decency, security, and export laws. In no event shall we be liable to you or any third-party for any damage arising from or occasioned by the purchase or use of the products and services or other material acquired or accessed through the Site or other Third-Party Websites.
7. Compliance with Service Provider Terms and Conditions
When making a product or service procurement, modification or cancellation request using the third-party services, you explicitly agree to the terms and conditions of the particular supplier to whom the request is routed, regardless of whether you specifically chose the particular provider or not. If there is a procurement, modification or cancellation fee incurred by selecting a particular service provider or service fulfillment window, we will make reasonable efforts to disclose the cost implications of such a selection at the time of the request. However, we make no guaranty of the accuracy of this information. We will make reasonable efforts to make available any applicable terms and conditions of a particular supplier (if available) in an email sent to confirm your request for that particular supplier’s services.
8. Maintenance
To keep the Site operating smoothly, we perform regular maintenance on the equipment and systems involved in the operation of the Site. From time to time, we may shut down the Site temporarily for repairs or upgrades. We will strive to minimize any inconvenience to you whenever possible by scheduling this work late at night or on weekends or holidays.
9. Use of Mobile Devices, Privacy
If you use our mobile applications or services on a mobile device, you agree to abide by your company’s rules in using any functionality on the mobile device. You further agree to receive any necessary service announcements about our mobile applications via email and text messages. You acknowledge that we collect personal data about you and your use of our mobile applications on the mobile device, including anonymous usage information from your use of our mobile applications through your mobile device software. You acknowledge that we send and receive this personal data from you without encryption. You acknowledge that the information provided to you through our mobile applications may be copyrighted by third parties, and that misuse thereof could be prohibited by law. You acknowledge that your mobile carrier may bill you applicable airtime, data, and usage fees and taxes for your use of services. Check your mobile carrier’s wireless plan for full details. Service may not be available in all areas.
10. Company Trademarks
All product and service names appearing in a typeface different from that of the surrounding text or with a trademark symbol, including the following:
are registered and unregistered trademarks and service marks owned by Company or its subsidiaries or affiliates or a third-party. The absence of a name, trademark or logo in this list does not constitute a waiver of any and all intellectual property rights that Company has established in any of its goods, services, names or logos. These trademarks and all other trademarks, service marks, logos, and company names (each a “Mark”) used in connection with the Site are the property of Company or third-parties and shall remain the property of Company and such third-parties. Nothing contained in the Site shall be construed as granting, by implication or otherwise, any license or right to use any such Mark without the prior written permission of Company or such third-party that may own such Mark. Your misuse of any such Mark, or any other Site Content, is strictly prohibited.
CREATIVE GROUP word mark, logo, and LET’S THRIVE, are service marks of Creative Group, Inc.
© 2017 Creative Group, Inc. All rights reserved.
11. Legal Requirements
Where Company has a good faith belief that such action is necessary to comply with a judicial proceeding, court order, warrant, administrative order, civil investigative demand, subpoena, or other valid process, Company may disclose IP addresses, personal information, and any contents of the Site where it is legally compelled to do so. Please see the Company’s Website Privacy Policy located at www.dt.com/privacy.aspx for additional information relating to the privacy and security of information collected hereunder.
12. Your Use of the Site
You are solely responsible and liable for all data, information and other materials (“User Content”) that you submit, upload, post, e-mail or otherwise transmit (“Transmit”) in connection with the Site. In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third-party of information made public through the Site. IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY PERSONAL INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND COMPANY SHALL HAVE NO RESPONSIBILITY OR LIABILITY.
You agree that you will not, and will not permit anyone else to, directly or indirectly: (a) Transmit any User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy or racially, ethnically or otherwise objectionable; (b) use the Site to harm minors in any way or to stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personal information, including e-mail addresses, about other users of the Site; (c) Transmit any User Content: (i) that you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information; (ii) that infringes any patent, copyright, trademark or other intellectual property right or misappropriates any trade secret or right of privacy of any third-party; (iii) that constitute unsolicited or unauthorized advertising or promotional materials, “spam,” “chain letters,” or pyramid schemes; or (iv) that contains any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data; (d) forge headers or otherwise manipulate identifiers in order to disguise any User Content Transmitted through the Site; (e) interfere with the Site or servers or networks used in connection with the Site; (f) interfere with the ability of others to use the Site; (g) reproduce, sell, resell, sub-license, distribute, publish create derivative works of, reverse engineer, assign, transfer or exploit for any commercial purposes, any portion of the Site, the Site Content or any User Content contained therein; (h) conduct your business using the Site in a way that is unfair, unlawful, or constitutes a deceptive business practice; (i) use any robot, spider, or other automatic device to monitor or copy portions of the Site or the Site Content without Company’s prior written permission; (j) include in any thirty-party website any hypertext link to any page or location within the Site without Company’s prior written permission; (k) display the Site or any portion thereof in frames without Company’s prior written permission; or (m) impersonate any person or entity, including, but not limited to, other users of the Site, falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that we endorse any statement you make.
You acknowledge and agree that Company may disclose or use any User Content that you Transmit for purposes that include, but are not limited to: (a) enforcing these Terms and Conditions; (b) complying with any laws, regulations or rules of any federal, state or local government or agency; (c) responding to claims that any User Content violates the rights of third parties; or (d) protecting the rights or property of Company, its customers or the public. With respect to User Content that you Transmit to the Site, you grant Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right to use, reproduce, modify, adapt, publish, translate, create derivate works from, distribute and display such User Content throughout the work in any media; however, Company will only share personally identifiable information that you provide in accordance with Company’s privacy policy at www.dt.com/privacy.aspx. As between the parties, we own all right, title, and interest in and to all intellectual property rights in all materials, products or services developed by us, or on behalf of us by third parties, based on or including as a component thereof any such information as described above, and all generalized knowledge, skill, know-how and expertise relating to such information.
Company does not and cannot review all User Content posted to the Site, or created by users accessing the Site, and is not in any manner responsible for the content of any User Content. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Site, Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Content or activities on the Site. However, Company reserves the right to block, remove, move or edit any of the submissions in its sole discretion.
13. Special Admonitions for International Use
This Site is hosted in the State of New Jersey in the United States. We provide the Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with all applicable local laws.
14. Indemnification
You agree to hold harmless and indemnify Company, its subsidiaries and affiliates, business partners, contractors, clients and service providers, and their respective officers, employees, agents and representatives from and against any claims, liabilities, costs or damages, including reasonable attorneys’ fees and paralegal fees through final appeals, made by any third party, relating to or arising from your use of the Site, any Messages that you Transmit to or through the Site, any violation of these Terms and Conditions by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Site.
15. Pricing, Availability and Features
Price, availability and features of the Company products or services featured on the Site are subject to change without notice.
16. Termination
You acknowledge and agree that Company may terminate your access to use of the Site for any reason, including, without limitation, your violation of these Terms and Conditions. You agree that Company may terminate your access to and use of the Site without prior notice and without any liability to you or any third party. You acknowledge and agree that Company may modify, limit, suspend or discontinue the Site or any part of the Site at any time, without notice or liability to you. Company may also, from time to time, establish general rules and policies regarding use of the Site. Company will post such rules and policies on the Site, and you agree that your compliance with such rules and policies shall be a condition of your use or continued use of the Site. Company shall have no liability or responsibility with respect to any lost Site Content, User Content, or other data, such as the deletion of or failure to store Site Content, User Content, or other data. All provisions of these Terms and Conditions that by their nature should survive termination of your right to access and use the Site shall survive (including, but not limited to, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses). Company reserves the right to, but has no obligation to, store or keep copies of any Site Content, User Content, or other information, unless otherwise required by law or court order.
17. Disclaimers and Limitation of Liability
COMPANY IS PROVIDING THE SITE AND ALL FEATURES OF THE SITE CONTENT ON AN “AS-IS,” “AS-AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. COMPANY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND TO THE EXTENT THAT THEY MAY BE EXCLUDED BY LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AS TO THE OPERATION OF THE SITE. COMPANY DOES NOT WARRANT THAT THE SITE WILL OPERATE IN AN UNINTERRUPTED, SECURE OR ERROR-FREE MANNER. COMPANY ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, CURRENTNESS, USEFULNESS, OR DECENCY OF THE SITE. COMPANY MAKES NO WARRANTY REGARDING THE QUALITY, SAFETY, OR LEGALITY OF THE SITE, AND COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE. ANY SITE CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITE IS AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITY.
IN NO EVENT SHALL COMPANY, OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (“AFFILIATED ENTITIES”) BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR OTHER INTANGIBLES, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY OR CLAIMS OF THIRD-PARTIES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RESULTING FROM (1) THE USE OF OR INABILITY TO USE THE SITE, ANY SERVICES, OR THE USER CONTENT; (2) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, ANY SERVICES AND/OR USER CONTENT; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (5) ANY OTHER MATTER RELATING TO THE SITE, ANY SERVICES, OR THE USER CONTENT. YOU SPECIFICALLY AGREE THAT COMPANY IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT, OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE SITE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF COMPANY AND THE AFFILIATED ENTITIES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE WILL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO COMPANY TO ACCESS AND USE THE SITE. IF YOU LIVE IN A JURISDICTION WHOSE LAWS PREVENT YOU FROM TAKING FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE IN ACCORDANCE WITH THESE TERMS AND CONDITIONS, COMPANY’S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY THE LAW OF THAT JURISDICTION.
18. Governing Law and Dispute Resolution
These terms and conditions and the transactions they contemplate, including without limitation their interpretation, construction, performance and enforcement shall be governed by the laws of the State of Delaware, U.S.A. without reference to conflict or choice of law provisions, as applicable to contracts made and performed entirely within such State. You agree to waive any and all right to a trial by jury in an action or proceeding, brought or commenced by either Party, which is directly or indirectly related to this Agreement. If a dispute arises from or relates to this Agreement or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this Agreement, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The place of arbitration shall Delaware. No demand for arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitation. Except as required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both Parties.
19. Notice
All notices, demands, or consents given by you under these Terms and Conditions will be in writing and will be deemed given when delivered to Company at the following contact: 7430 E. Caley Ave., Suite 320E, Centennial, CO 80111.
Any notices to you may be made via either e-mail or postal mail to the address in Company’s records or via positing on the Site.
Please report any violations of these Terms and Conditions to Company at the contact listed above.
20. Miscellaneous
You may not assign, sublicense or otherwise transfer any of your rights under these Terms and Conditions. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Headings in these Terms and Conditions are for convenience only and shall have no legal meaning or effect. No action arising under this Agreement may be brought at any time more than twelve (12) months after the facts occurred upon which the cause of action arose. These Terms and Conditions, and not the conduct between us or any trade practice, shall control the interpretation of these Terms and Conditions between the parties respecting the Site. Company’s failure to enforce a particular provision of these Terms and Conditions does not mean that Company waives the right to enforce it in the future; Company shall waive such a right only in writing.
These Terms and Conditions and all other written agreements duly executed between you and Company in connection with your use of the Site constitute the entire agreement between you and Company with respect to the subject matter hereof and supersede any prior or contemporaneous proposals, discussions, communications, or oral agreements heretofore made.
21. Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in the Content in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below.
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number and email address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
(f) A statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
Our copyright agent for notice of claims of copyright infringement on the Site can be reached as follows:
Blair T. Chilton
7043 E. Caley Avenue, Suite 320E
Centennial, CO 80111
Phone: +1 (303) 867-1641
E-Mail: bchilton@dt.com
Last updated: April 18, 2017.