Welcome
to Janus Travel. This Site is provided by Janus
Travel as a service to our customers. Please review the
following basic rules that govern your use of the Janus
Travel site (the "Agreement"). Please note that
your use of the Janus Travel site, (the "Site")
constitutes your unconditional agreement to follow and be bound
by these Terms of Use. Although you may "bookmark" a particular
portion of this Site and thereby bypass this Agreement, your use
of this Site still binds you to these Terms of Use. Janus
Travel reserves the right to update or modify these Terms
of Use at any time without prior notice to you. For this reason,
we encourage you to review these Terms of Use whenever you use this
Site.
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Use of this Site
By accepting these Terms of Use through your use of
the Site, you certify that you are 18 years of age or older. If
you are under the age of 18 but at least 13 years of age you may
use this Site only under the supervision of a parent or legal guardian
who agrees to be bound by these Terms of Use. Janus Travel does not intentionally collect personal information about
children under the age of 13. Children under the age of 13 may not
use this Site other than for browsing, and parents or legal guardians
may not agree to these Terms of Use on their behalf. If you are
a parent or legal guardian agreeing to these Terms of Use for the
benefit of a child between the ages of 13 and 18, be advised that
you are fully responsible for his or her use of this Site, including
all financial charges and legal liability that he or she may incur.
If you do not agree to (or cannot comply with) any of these terms
and conditions, do not use this Site. All billing and registration
information provided must be truthful and accurate. Providing any
untruthful or inaccurate information may constitute a breach of
these Terms of Use. By confirming your purchase at the end of the
checkout process, you agree to accept and pay for the service(s)
requested.
All materials, including images, text, illustrations,
designs, icons, photographs, programs, and written and other materials
that are part of this Site (collectively, the "Contents")
are intended solely for personal, non-commercial use. You may download
or copy the Contents and other downloadable materials displayed
on the Site for your personal use only. No right, title or interest
in any downloaded materials or software is transferred to you as
a result of any such downloading or copying. You may not reproduce
(except as noted above), publish, transmit, distribute, display,
modify, create derivative works from, sell or participate in any
sale of or exploit in any way, in whole or in part, any of the Contents,
the Site or any related software. All software used on this Site
is the property of Janus Travel or its suppliers
and protected by U.S. and international copyright laws. The Contents
and software on this Site may be used only as a shopping resource.
Any other use, including the reproduction, modification, distribution,
transmission, republication, display, or performance, of the Contents
on this Site is strictly prohibited. Janus Travel is a trademark of Janus Travel.
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Objectionable Material
You understand that by using this Site or any services
provided on the Site, you may encounter Content that may be deemed
by some to be offensive, indecent, or objectionable, which Content
may or may not be identified as such. You agree to use the Site
and any service at your sole risk and that Janus Travel and its affiliates shall have no liability to you for Content that
may be deemed offensive, indecent, or objectionable.
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Site Security
Users are prohibited from violating or attempting to
violate the security of the Site, including, without limitation,
(a) accessing data not intended for such user or logging onto a
server or an account which the user is not authorized to access;
(b) attempting to probe, scan or test the vulnerability of a system
or network or to breach security or authentication measures without
proper authorization; (c) attempting to interfere with service to
any user, host or network, including, without limitation, via means
of submitting a virus to the Site, overloading, "flooding,"
"spamming," "mailbombing" or "crashing;"
(d) sending unsolicited email, including promotions and/or advertising
of products or services; or (e) forging any TCP/IP packet header
or any part of the header information in any email or newsgroup
posting. Violations of system or network security may result in
civil or criminal liability. Janus Travel will
investigate occurrences that may involve such violations and may
involve, and cooperate with, law enforcement authorities in prosecuting
users who are involved in such violations. You agree not to use
any device, software or routine to interfere or attempt to interfere
with the proper working of this Site or any activity being conducted
on this Site. You agree, further, not to use or attempt to use any
engine, software, tool, agent or other device or mechanism (including
without limitation browsers, spiders, robots, avatars or intelligent
agents) to navigate or search this Site other than the search engine
and search agents available from Janus Travel on this Site and other than generally available third party web
browsers (e.g., Netscape Navigator, Microsoft Explorer).
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Order Acceptance
Please note that there may be certain orders that we
are unable to accept and must cancel. We reserve the right, at our
sole discretion, to refuse or cancel any order for any reason. For
your convenience, you will not be charged until your payment method
is authorized, the order information is verified for accuracy and
your order is confirmed. Some situations that may result in your
order being canceled include limitations on quantities available
for purchase, inaccuracies or errors in package or pricing information,
or problems identified by our credit and fraud avoidance department.
We may also require additional verifications or information before
accepting any order. We will contact you if all or any portion of
your order is canceled or if additional information is required
to accept your order. If your order is canceled after your credit
card has been charged, we will issue a credit to your credit card
in the amount of the charge.
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Pricing Information
While Janus Travel strives to provide
accurate package and pricing information, pricing or typographical
errors may occur. Janus Travel cannot confirm the
price of a package until after you order. In the event that a package
is listed at an incorrect price or with incorrect information due
to an error in pricing or package information, Janus Travel shall have the right, at our sole discretion, to refuse
or cancel any orders placed for that package. In the event that
a package is mispriced, Janus Travel may, at our
discretion, either contact you for instructions or cancel your order
and notify you of such cancellation. We strive to provide you with
the lowest prices possible at Janus Travel . However,
prices and availability are subject to change without notice.
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Quantity Limits & Dealer Sales
Janus Travel reserves the right, at
our sole discretion, to limit the quantity of packages purchased
per person, per household or per order. These restrictions may be
applicable to orders placed by the same credit card, and also to
orders that use the same billing and/or shipping address. We will
provide notification to the customer should such limits be applied. Janus Travel also reserves the right, at our sole
discretion, to prohibit sales to dealers.
Participation in Promotions
From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
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Copyrights and Trademarks
Unless otherwise noted, all Contents are copyrights,
trademarks, trade dress and/or other intellectual property owned,
controlled or licensed by Janus Travel, one of
its affiliates or by third parties who have licensed their materials
to Janus Travel and are protected by U.S. and international
copyright laws. The compilation (meaning the collection, arrangement,
and assembly) of all Contents on this Site is the exclusive property
of Janus Travel and is also protected by U.S. and
international copyright laws.
Janus Travel and its suppliers
and licensors expressly reserve all intellectual property rights
in all text, programs, products, processes, technology, content
and other materials which appear on this Site. Access to this Site
does not confer and shall not be considered as conferring upon anyone
any license under any of Janus Travel's or any
third party's intellectual property rights.
The Janus Travel names and logos and
all related product and service names, design marks and slogans
are the trademarks or service marks of Janus Travel . All other marks are the property of their respective companies.
No trademark or service mark license is granted in connection with
the materials contained on this Site. Access to this Site does not
authorize anyone to use any name, logo or mark in any manner.
References on this Site to any names, marks, products
or services of third parties or hypertext links to third party sites
or information are provided solely as a convenience to you and do
not in any way constitute or imply Janus Travel's endorsement, sponsorship or recommendation of the third party, information,
package or service. Janus Travel is not responsible
for the content of any third party sites and does not make any representations
regarding the content or accuracy of material on such sites. If
you decide to link to any such third party web sites, you do so
entirely at your own risk.
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User Reviews, Feedback, Submissions
All reviews, comments, feedback, postcards, suggestions,
ideas, and other submissions disclosed, submitted or offered to Janus Travel on or by this Site or otherwise disclosed,
submitted or offered in connection with your use of this Site (collectively,
the "Comments") shall be and remain Janus Travel's property. Such disclosure, submission or offer of any Comments shall
constitute an assignment to Janus Travel of all
worldwide rights, titles and interests in all copyrights and other
intellectual properties in the Comments. Thus, Janus Travel will own exclusively all such rights, titles and interests and shall
not be limited in any way in its use, commercial or otherwise, of
any Comments. Janus Travel will be entitled to
use, reproduce, disclose, modify, adapt, create derivative works
from, publish, display and distribute any Comments you submit for
any purpose whatsoever, without restriction and without compensating
you in any way. Janus Travel is and shall be under
no obligation (1) to maintain any Comments in confidence; (2) to
pay to user any compensation for any Comments; or (3) to respond
to any user Comments. You agree that any Comments submitted by you
to the Site will not violate this policy or any right of any third
party, including copyright, trademark, privacy or other personal
or proprietary right(s), and will not cause injury to any person
or entity. You further agree that no Comments submitted by you to
the Site will be or contain libelous or otherwise unlawful, threatening,
abusive or obscene material, or contain software viruses, political
campaigning, commercial solicitation, chain letters, mass mailings
or any form of "spam".
Janus Travel does not regularly review
posted Comments, but does reserve the right (but not the obligation)
to monitor and edit or remove any Comments submitted to the Site.
You grant Janus Travel the right to use the name
that you submit in connection with any Comments. You agree not to
use a false email address, impersonate any person or entity, or
otherwise mislead as to the origin of any Comments you submit. You
are and shall remain solely responsible for the content of any Comments
you make and you agree to indemnify Janus Travel and its affiliates for all claims resulting from any Comments you
submit. Janus Travel and its affiliates take no
responsibility and assume no liability for any Comments submitted
by you or any third party.
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Indemnification
You agree to defend, indemnify and hold harmless Janus
Travel and its affiliates from and against any and all
claims, damages, costs and expenses, including attorneys' fees,
arising from or related to your use of the Site.
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Termination
These Terms of Use are effective unless and until terminated
by either you or Janus Travel. You may terminate
this Agreement at any time, provided that you discontinue any further
use of this Site. Janus Travel also may terminate
this Agreement at any time and may do so immediately without notice,
and accordingly deny you access to the Site, if in Janus
Travel's sole discretion you fail to comply with any term
or provision of this Agreement. Upon any termination of the Agreement
by either you or Janus Travel, you must promptly
destroy all materials downloaded or otherwise obtained from this
Site, as well as all copies of such materials, whether made under
the Terms of Use or otherwise. Janus Travel's right to any Comments shall survive any termination of this Agreement.
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Disclaimer
THIS SITE IS PROVIDED BY Janus Travel ON AN "AS IS" AND "AS AVAILABLE" BASIS. Janus
Travel MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION,
CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL
EXTENT PERMISSIBLE BY APPLICABLE LAW, Janus Travel DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, Janus
Travel DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED,
FOR ANY SERVICES OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR
USE OF THE Janus Travel WEB SITE, THAT YOUR USE
OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY
TO ANY SERVICE WARRANTY OFFERED BY THE MANUFACTURER OF THE SERVICE.
THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
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Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE
THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE,
SHALL Janus Travel OR ANY OF ITS AFFILIATES, EMPLOYEES,
DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU
OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR
IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE Janus
Travel WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE,
ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF
AN AUTHORIZED REPRESENTATIVE OF Janus Travel HAS
BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT WILL Janus Travel BE LIABLE
FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION
WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING
THE DATE ON WHICH THE CLAIM AROSE.
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General
This Agreement represents the complete agreement between
the parties and supersedes all prior agreements and representations
between them. Headings used in these Terms of Use are for reference
purposes only and in no way define or limit the scope of the section.
If any provision of this Agreement is held to be unenforceable for
any reason, such provision shall be reformed only to the extent
necessary to make it enforceable and the other terms of this Agreement
shall remain in full force and effect. The failure of Janus
Travel to act with respect to a breach of this Agreement
by you or others does not constitute a waiver and shall not limit Janus Travel's rights with respect to such breach
or any subsequent breaches. This Agreement shall be governed by
and construed under California law without regard to conflicts of
law provisions. Any action or proceeding arising out of or related
to this Agreement or your use of this Site must be brought in the
state or federal courts of Illinois and you consent to the exclusive
personal jurisdiction of such courts.
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DMCA Notice
Procedure for Making and Responding to Claims of Copyright
Infringement
It is the policy of Janus Travel to
respond to claims of copyright infringement. We will promptly process
and investigate notices of alleged infringement by third parties
and will take appropriate actions under the Digital Millennium Copyright
Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"),
where applicable.
Pursuant to the DMCA, notifications of claimed copyright
infringement by third parties should be sent to Janus Travel's Designated Agent. If you believe that your copyrighted
work has been infringed under U.S. copyright law and is accessible
on this Site, please notify us by contacting our Designated Agent.
Even if you believe that the alleged infringing work was not posted
by a third party, please send all notifications of claimed copyright
infringement to Janus Travel's Designated Agent
listed below.
To be effective under the DMCA, notification of claims
of copyright infringement by third parties must be a written communication
to Janus Travel's Designated Agent that includes
the following:
A physical or electronic signature of a person authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed; Identification of the copyrighted work claimed to have
been infringed, or, if multiple copyrighted works at a single online
site are covered by a single notification, a representative list
of such works at that site; Identification of the material that
is claimed to be infringing or to be the subject of infringing activity
and that is to be removed or access to which is to be disabled,
and information reasonably sufficient to permit Janus Travel to locate the material; Information reasonably sufficient
to permit Janus Travel to contact the complaining
party, such as an address, telephone number, and, if available,
an electronic mail address at which the complaining party may be
contacted; A statement that the complaining party has a good faith
belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law; and A
statement that the information in the notification is accurate,
and under penalty of perjury, that the complaining party is authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed.
Janus Travel's Designated Agent for
notice of claims of copyright infringement can be reached as follows:
By mail:
Janus Travel
Chicago, IL
By e-mail:
info@janustravel.com
This contact information is only for reporting claims
of copyright infringement. Contact information for other matters
is provided elsewhere on this Site.
Upon receipt of a valid notification of alleged copyright
infringement by a third party, Janus Travel shall
remove or disable access to the material identified in the notice,
forward the written notification to the alleged infringer, and take
reasonable efforts to notify the alleged infringer that it has removed
or disabled access to this material.
You should be aware that, under the DMCA, claimants
who make misrepresentations concerning copyright infringement may
be liable for shall be liable for any damages, including costs and
attorneys' fees, incurred by the alleged infringer or by Janus
Travel , if injured by relying upon such misrepresentation
in removing or disabling access to the material or activity claimed
to be infringing.
If a notice of copyright infringement has been filed
against you, you may file a counter notification with the Designated
Agent at the address listed above.
To be effective, a counter notification must be a written
communication provided to the Janus Travel's Designated
Agent that includes the following:
A physical or electronic signature; Identification of
the material that has been removed or to which access has been disabled
and the location at which the material appeared before it was removed
or access to it was disabled; A statement under penalty of perjury
that you have a good faith belief that the material was removed
or disabled as a result of mistake or misidentification of the material
to be removed or disabled; and Your name, address, and telephone
number, and a statement that you consent to the jurisdiction of
Federal District Court for the judicial district in which the address
is located and that you will accept service of process from the
complainant who provided the original notification or an agent of
such person or entity.
If Janus Travel receives a valid counter
notification, it shall provide the complainant with a copy of the
counter notification, inform the complainant that it will replace
the removed material or cease disabling access to it in 10 to 14
days from receipt of the counter notification, and replace the removed
material or cease disabling access to it in 10 to 14 business days,
provided that Janus Travel has not received notice
from the complainant that an action has been filed seeking a court
order to restrain the alleged infringer from engaging in infringing
activity relating to the material on Janus Travel's system.
You should be aware that the DMCA provides substantial
penalties for a false counter notice filed in response to a notice
of copyright infringement. Claimants who make misrepresentations
in their the counter notification statement may be liable for shall
be liable for any damages, including costs and attorneys' fees,
incurred by any copyright owner or copyright owner's authorized
licensee, or by Janus Travel, if injured by relying
upon such misrepresentation in replacing the removed material or
ceasing to disable access to it.
© Janus Travel. All Rights Reserved