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This Agreement is between You and About the Journey, LLC (“ATJ”). Your use of the aboutthejourney.com (“Website”) is governed by these Terms and Conditions. Acceptance of these Terms and Conditions is a requirement of use.
Use of this Website is conditioned upon you warranting that
We reserve the right, at our sole option and discretion, to deny service or access to the Website at any time and for any or no reason.
Liability Disclaimer
The Information, Software, Products and Services published on this Website may include inaccuracies or errors, including pricing errors. In particular, ATJ does not guarantee the accuracy of, and disclaims all liability for any errors or other inaccuracies relating to the information and description of the hotel, air, cruise, car and other travel products and services displayed on this Website (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.). In addition, ATJ expressly reserves the right to correct any pricing errors on our Website and/or reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your reservation at the correct price or we will cancel your reservation without penalty.
Hotel and service provider ratings displayed on this Website are intended as only general guidelines, and ATJ does not guarantee the accuracy of the ratings. ATJ makes no guarantee regarding availability of services.
ATJ makes no representations about the suitability of the information, software, products and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by ATJ. All such information, software products, and services are provided “as is” without warranty of any kind. ATJ disclaims all warranties and conditions that this Website, its servers or any email sent from the ATJ are free of viruses or other harmful components. ATJ hereby disclaims all warranties and conditions with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.
The carriers, hotels and other suppliers providing travel or other services on this Website are independent contractors and not agents or employees of ATJ. ATJ, its officers, members, and employees, are 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 there from. ATJ has no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.
In no event shall ATJ be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products and services obtaining through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if ATJ has been advised of the possibility of such damages.
If, despite the limitation above, ATJ is found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of ATJ will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to ATJ in connection with such transaction(s) on this Website, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of ATJ, its officers and employees, successors, and assigns.
Privacy Policy
The Privacy Policy, available here: is incorporated and made a part of these Terms and Conditions.
Software Available on the Website; Intellectual Property
Any software or content that we make available to download from this Website or otherwise view in a web browser or in any other medium ("Software”) is the copyrighted work of ATJ and/or our respective suppliers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, non- exclusive, nontransferable license to download, install and use the Software for viewing and otherwise using this Website (including, without limitation, price and availability of travel services) in accordance with these Terms of Use and for no other purpose.
Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Website, is owned by ATJ, and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Any materials provided to ATJ by suppliers has been done so under license granted by that supplier and with the intent that such license shall inure to the benefit of ATJ. You agree not to cause that license to be violated, and any attempt to do so shall be prosecuted.
Any comments, including reviews, posted by any user shall remain the intellectual property of the user, by posting said comment, the user shall grant to ATJ an unlimited, perpetual, royalty-free, transferrable, irrevocable, and sub-licensable, global license for use in any media now in existence or in the future, including but not limited to the internet, television, and/or print. Furthermore, by submitting any comments, the user posting shall waive all “moral rights,” including without limitation, the right to attribution. ATJ shall bear no liability for the content of user-submitted comments, including but not limited to the accuracy thereof.
Copyright
Unless otherwise stated, the Website is © 2018 About the Journey, LLC
Miscellaneous
These Terms of Use are governed by the Federal Arbitration Act, federal arbitration law, and for reservations made by U.S. residents, the laws of the state in which your billing address is located, without regard to principles of conflicts of laws. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this paragraph.
This Website is not to be used by residents or citizens of any country where its use would cause ATJ to be subject to the European Union General Data Protection Regulation.
You agree that no joint venture, partnership, or employment relationship exists between you and ATJ as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use.
If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
This Agreement (and any other terms and conditions or policies referenced herein) constitutes the entire agreement between you and ATJ with respect to this Website, our services and your dealings and relationships with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial, arbitration or any other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved by ATJ.
Notices
In the event of a legal communication, notice to ATJ shall go to: legal@aboutthejourney.com
Notice to users shall go to the most recent address given by the user.
About the Journey, LLC (the “Website”) follows the below privacy policy. It may be updated from time to time, and when those updates happen, you will receive an email (if you have opted in to emails). Your continued use of the site constitutes acceptance of this policy.
In General. We receive and store any information you enter on our website or give us in any other way. This includes information that can identify you ("personal information"), including your first and last name, telephone number, postal and email addresses, and billing information (such as credit card number, cardholder name, and expiration date). We may also request information about your hotel room preferences and frequent flyer and car rental program information. You can choose not to provide information to us, but in general some information about you is required in order for you to register as a member; book travel; complete a traveler profile; participate in a survey, contest, or sweepstakes; ask us a question; or initiate other transactions on our site.
Travel Companion Information. When you make a reservation for someone else through this website, we will request personal information and travel preferences about that individual. You should obtain the consent of other individuals prior to providing us with their personal information and travel preferences, as any access to view or change their information will be available only through your account.
Automatic Information. We automatically collect some information about your computer when you visit this website. For example, we will collect your IP address, web browser software (such as Firefox, Safari, or Internet Explorer), and referring website. We also may collect information about your online activity, such as trips viewed and bookings made. Our goals in collecting this automatic information include helping customize your user experience and inhibiting fraud.
For more information, please see Cookies and other technologies.
We use sensitive billing information (such as cardholder name, credit card number, and expiration date) for the purpose of completing the bookings you conduct on our site. We use other information about you for the following general purposes: to provide you with the products and services you request; to provide you with travel confirmation and updates; to manage your account, including processing bills and providing travel notifications; to communicate with you in general; to respond to your questions and comments; to measure interest in and improve our products, services, and website; to notify you about special offers and products or services that may be of interest to you; to otherwise customize your experience with this website; to reward you as part of any reward and recognition program you choose to join; to solicit information from you, including through surveys; to resolve disputes, collect fees, or troubleshoot problems; to prevent potentially prohibited or illegal activities; to enforce our Terms of Use; and as otherwise described to you at the point of collection.
Email Communications. We may send out emails regarding upcoming promotions or other advertisements. We also use email to communicate site-wide news, such as changes to the Terms of Use and Privacy Policy. Individual emails regarding upcoming and past bookings may be sent either by us or on behalf of our travel partners. Please note that you will have the opportunity to choose not to receive these email messages in any such email we send.
Please review "Your choices with respect to the collection and use of your information" below.
Suppliers, such as hotel, airline, car rental, and activity providers, who fulfill your travel reservations. Throughout the Website, all services provided by a third-party supplier are described as such. By making a reservation through this site, you are authorizing us to disclose to suppliers the information required to complete the booking and deliver the related travel. These suppliers are not controlled by the Website and personal information disclosed to them is subject to the applicable supplier's privacy policy and security practices. Therefore, we encourage you to review the privacy policies of any travel supplier whose products you purchase through this site.
Third-party vendors who provide services or functions on our behalf, such as ticketing, booking, and other front-end services.
Third-party vendors who provide services or functions on our behalf, including credit card processing, business analytics, customer service, marketing, distribution of surveys or sweepstakes programs, and fraud prevention. We may also authorize third-party vendors to collect information on our behalf, including as necessary to operate features of our website or to facilitate the delivery of online advertising tailored to your interests. Third-party vendors have access to and may collect information only as needed to perform their functions and are not permitted to share or use the information for any other purpose. They are also required to follow the same data security practices that we ourselves adhere to.
Business partners with whom we may jointly offer products or services, or whose products or services may be offered on our website. You can tell when a third party is involved in a product or service you have requested because their name will appear, either alone or with ours. If you choose to access these optional services, we may share information about you, including your personal information, with those partners. Please note that we do not control the privacy practices of these third-party business partners.
Referring websites. If you were referred to this website from another site (for example, through a link you clicked on another site that directed you to this one), we may share some information about you with that referring website. We have not placed limitations on the referring websites use of your personal information and we encourage you to review the privacy policies of any website that referred you here.
In response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases we reserve the right to raise or waive any legal objection or right available to us.
When we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of our company or this website, our customers, or others; and in connection with our Terms of Service and other agreements.
In connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
Other than as set out above, you will be notified when personal information about you will be shared with third parties, and you will have an opportunity to choose not to have us share such information.
We also may share aggregate or anonymous information with third parties, including advertisers and investors. For example, we may tell our advertisers the number of visitors our website receives or the most popular hotels and vacation destinations. This information does not contain any personal information and is used to develop content and services we hope you will find of interest.
You can access and update your contact information or close your account by contacting us at requests@aboutthejourney.com. Please note that after you close an account, you will not be able to sign in or access any of your personal information. However, you can open a new account at any time. Please also note that we may retain certain information associated with your account, including for analytical purposes as well as for record keeping integrity.
Your choices with respect to collection and use of your information:
As discussed above, you can choose not to provide us with any information, although it may be needed to book travel or to take advantage of certain features offered on this site.
You also can add or update information and close your account as described above.
You may be given the opportunity to opt out of receiving emails from the Website. However, in the event that you do so, you bear the risk that you may miss important messages. Regardless, we reserve the right to send emails regarding upcoming travel, or important site-wide announcements and may or may not give you the ability to opt out of such emails.
You may have the opportunity on our website to provide a mobile number in order to receive day-of- travel flight alerts. You may discontinue these alerts at any time.
The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Please note that if you refuse to accept cookies from this site, you will not be able to access portions of our site.
Cookies are small data text files and can be stored on your computer's hard drive (if your web browser permits). This website uses cookies for the following general purposes:
To help us recognize your browser as a previous visitor and save and remember any preferences that may have been set while your browser was visiting our site. For example, if you register on our site, we may use cookies to remember your registration information, so you do not need to log into our site each time you visit. We also may record your password in a cookie, if you checked the box entitled "Sign me in automatically next time." Please note that member IDs, passwords, and any other account-related data included in such cookies are encrypted for security purposes. Unless you register with us, these cookies will not contain any personal information.
To help measure and research the effectiveness of website features and offerings, advertisements, and email communications (by determining which emails you open and act upon).
The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Please note that if you refuse to accept cookies, you may not be able to access many of the travel tools offered on our sites.
In addition to the above cookies, we use Local Shared Objects, also referred to as "flash cookies," on our web site. These are used to enhance your user experience, for example, by storing your user preferences and settings, such as your volume/mute settings, and in connection with animated content on our website. Local Shared Objects are similar to browser cookies, but can store data more complex than simple text. By themselves, they cannot do anything to or with the data on your computer. Like other cookies, they can only access personally identifiable information that you have provided on this site, and cannot be accessed by other websites. To find out more about flash cookies or how to disable them, please visit: Flash Player Help site.
This site may also use Web beacons (also known as clear gifs, pixel tags or Web bugs), which are tiny graphics with a unique identifier, similar in function to cookies, that are placed in the code of a Web page. We use Web beacons to monitor the traffic patterns of users from one page within our sites to another, to deliver or communicate with cookies, to understand whether you have come to our site from an online advertisement displayed on a third-party website, and to improve site performance. We also may allow our service providers to use Web beacons to help us understand which emails have been opened by recipients and to track the visitor traffic and actions on our site. This helps us measure the effectiveness of our content and other offerings.
If you have any questions about our use of cookies or other technologies, please email us using our customer service and feedback form.
We want you to feel confident about using this website to book activities and services, and we are committed to protecting the information we collect. While no website can guarantee security, we have implemented appropriate administrative, technical, and physical security procedures to help protect the personal information you provide to us. For example, only authorized employees are permitted to access personal information, and they may only do so for permitted business functions. In addition, we use encryption when transmitting your sensitive personal information between your system and ours, and we employ firewalls and intrusion detection systems to help prevent unauthorized persons from gaining access to your information.
This is a general audience website and does not offer services directed to children. Should a child whom we know to be under 13 send personal information to us, we will use that information only to respond directly to that child to inform him or her that we must have parental consent before receiving his or her personal information.
If any part of this website links you to other sites, those sites do not operate under this Privacy Policy. We recommend you examine the privacy statements posted on those other websites to understand their procedures for collecting, using, and disclosing personal information.
If you are visiting our website from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States, where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country, but please be assured that we take steps to ensure that your privacy is protected. By using our services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this Policy.
If you are visiting from a jurisdiction under the European Union’s General Data Protection Regulation (GDPR), please be aware that this site is not meant to be accessed by visitors from these jurisdictions and its use by said visitors is prohibited.
We may update this Privacy Policy in the future. We will notify you about material changes to this Privacy Policy by sending a notice to the email address you provided to us or by placing a prominent notice on our website.
If you have questions about this Privacy Policy, please email us: info@aboutthejourney.com