AMERICAN EXPRESS: BUSINESS TRAVEL CONNEXION
TERMS & CONDITIONS OF USE
Updated as of 10.28.08
The following terms and conditions of use (the "Terms") apply to and govern you and your Company’s (“you”, “your”) access to and use of this American Express Travel Related Services Company, Inc. (“our”, “we”, “us” or “American Express”) website, with a home page of www.businesstravelconnexion.com, and any content, tools, or services available on or through this website (collectively, the "Site"). As these terms legally bind you, please carefully read these Terms before proceeding to access or in any way use this Site.
ACCEPTANCE OF TERMS.
BY CLICKING THE “I AGREE” BUTTON BELOW AND By accessing OR OTHERWISE USING thIS Site, you UNCONDITIONALLY AND IRREVOCABLY AGREE TO BE LEGALLY BOUND TO theSE Terms AS THEY ARE in effect at the time of your use.
IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ANY OF THESE TERMS DO NOT ACCESS AND/OR USE THIS SITE. IF NOW OR IN THE FUTURE YOU OBJECT TO OR SEEK TO CHANGE ANY OF THESE TERMS OR OTHERWISE BECOME DISSATISFIED WITH THIS SITE IN ANY WAY, YOUR ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE YOUR USE OF THIS SITE.
DESCRIPTION OF SITE.
This Site is made available to you by American Express. Liveworld, an approved American Express service provider, provides hosting, information system, data management and security services to support the Site. This Site is an online community for the business travel industry. On the Site you can, among other things, participate in and access discussion boards, editorial reviews, hot topic polls, and product development councils. The Site will also feature a resource center with white papers, surveys and other research, benchmarking tools, RSS feeds, and the ability to create your own blog.
REPRESENTATIONS.
By using this Site, you signify to us you have the legal capacity to enter into this Agreement (i.e. you are of sufficient age and mental capacity and are otherwise entitled/authorized to legally bind yourself and your company to this contract).
REGISTRATION.
All users of this Site must be registered. During the registration process and from time to time when using this Site you may be asked to provide profile (industry, Company name, region, size of company, full name) and contact information (address, email, etc.) about Yourself and/or your Company. It is a condition of use of this Site that all information you provide will be correct, current, and complete. If we believe the details are not correct, current, or complete, we may refuse you access to the Site or any of its resources without notice.
SCREEN NAME & PROFILE.
You will be required to create a screen name that will be displayed during your use of the Site. The Site allows you to post information and content about yourself. Any information you post on this Site becomes public information available either to registered users of the Site or Site visitors generally, and you should exercise caution when deciding to disclose your personal information. Because your screen name will be viewable by the entire community, you should not use your full name as your screen name. You are responsible for all Postings made using your registered account. Therefore, please safeguard and do not share your registration
MODIFICATIONS TO TERMS/ SITE.
With or without notice to you, we reserve the right to and may in our sole discretion change or supplement these Terms. Your continued use of the Site constitutes an affirmative acknowledgment and irrevocable acceptance to abide and be bound by the Terms as currently posted and/or modified. Please bookmark and/or visit this page regularly to keep up to date with the current Terms governing your current use and access of this Site. You are responsible for regularly reviewing these Terms.
We may add at anytime in our sole discretion additional features to this Site of which are subject to additional terms and conditions. You should read any such additional terms carefully before making any use of such features. Any such additional terms will not vary or replace these Terms unless otherwise expressly stated
ADDITIONAL TERMS.
In addition to these Terms, all use of this Site is subject to the American Express Website Rules and Regulations (including the Important Travel Notices, Terms and Conditions for American Express Internet World Wide Web Sites Related to Travel) and the American Express Internet Privacy Statement.
USE OF "COOKIE" FILE FEATURES.
American Express reserves the right to store information on a User's computer in the form of a "cookie" or similar file for purposes of modifying the Site to reflect Users' preferences. Our Internet Privacy Statement linked above provides additional information regarding our use of cookies.
SITE APPEARANCE, FUNCTIONALITY & AVAILABILITY.
American Express is making this Site available to you at its own expense as a courtesy. We reserve the right to discontinue this Site or otherwise supplement, change, or modify any features of this Site at anytime for any purpose without notice. We SHALL NOT BE LIAble AND SHALL HAVE NO OBLIGATION to you or any party ACCESSING OR USING THE SITE IN THE EVENT we exercise OUR right to DO SO.
SITE USAGE.
Your access to and use of the Site is subject to all applicable international, federal, state and local laws and regulations. To the extent your access and use of the Site complies with all such applicable laws and these Terms, American Express grants you the revocable, non-transferable, non-sublicensable right to access and use the Site features and Content for your own personal, non-commercial purposes and to participate in the Business Travel Connexion online community as available.
Except as otherwise expressly permitted by American Express, you may not (1) reproduce, duplicate, download, post, display, publish, re-license, transmit, copy, sell, resell, or exploit for any commercial purposes, any portion of, use of, or access to the Site or (2) modify, create derivative works of, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site.
RULES OF CONDUCT.
You are solely responsible for your conduct and the contents of your posts, communications and transmissions on or through this Site. Your access and use of this Site and all rights granted to you hereunder are conditioned upon your compliance with the followings rules of conduct.
Whether through or in connection with this Site, you must not post, process, upload, transmit, distribute, communicate, publish, make available, store content or otherwise use this Site for anything that is or may be in our sole determination:
a. abusive, violent, threatening, harassing, degrading, hateful, stalking, intimidating (even if masked), defamatory or otherwise violating the legal rights of others,
b. obscene, indecent, sexually graphic, pornographic, racially or ethnically objectionable, or otherwise objectionable,
c. exploitive to, harmful to, or otherwise inappropriate for children,
d. fraudulent, tortious or otherwise unlawful or giving rise to criminal or civil liability,
e. encouraging others to conduct activity that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities,
f. would violate another person's privacy, publicity or other rights,
g. asking for personally identifiable details or otherwise,
h. spoofing or impersonating any person or entity, including, but not limited to, any American Express representative,
i. falsely stating or otherwise misrepresenting your affiliation with any person or entity; or expressing or implying that American Express endorses any statement you make without our prior written consent,
j. harvesting or collecting personally identifiable information about other users or Companies using this Site or creating a database by systematically downloading and storing content from the Site,
k. using any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of any of the Site,
l. including any materials containing your own or others' personal phone numbers, personal addresses, card account number or any other personally identifiable information with the community,
m. non-public information about a company or a company’s employees without the proper authorization to do so,
n. protected by copyright, trademark, trade secret, right of publicity, or other proprietary right without the express permission of the owner of such right,
o. a virus, worm, Trojan Horse, Easter egg, time bomb, spyware, or any other computer code, file, or similar program that is harmful, invasive or is otherwise intended to damage or hijack the operation of any hardware, software, or telecommunications equipment,
p. imposing an unreasonable or disproportionately large load on the Site,
q. interfering with or disrupting the operation of the Site, or the servers or networks that provide the Site,
r. interfering with, restricting, or otherwise inhibiting any other user from using the Site, including by means of hacking or defacing any portion of the Site,
s. hacking, cracking, “phreaking” or any other activity to circumvent established Internet security measures on the Site or elsewhere,
t. disrupting the normal flow of communication and dialogue on the Site, causing a screen to scroll faster than other users are able to type, or otherwise acting in any way which adversely affects the ability of other users to engage in real time activities on the Site,
u. unsolicited or unauthorized advertising, promotional materials, repeated postings, "junk mail," "spam," "chain letters," "pyramid schemes," investment opportunity, or any other form of solicitation,
v. advertising (e.g. offering for sale products or services), soliciting or offering to sell or buy any goods or services for any business purpose, without our prior express written permission of American Express, and/or
w. disobeying any requirements, procedures, policies or regulations established from time to time regarding use of this Site or any networks connected to this Site.
Failure to comply with these rules may result in a suspension, revocation or termination of your rights to post and/or use this Site and may require us to report you to the proper law enforcement authorities in our sole discretion with or without notice. Our decisions are final.
MONITORING, REPORTING ABUSE & INVESTIGATION.
The views expressed by users of this site do not reflect those of American Express. Although American Express may monitor, or have monitored by a third party, posts to and the content of this Site for compliance with these Terms and our operating procedures or to satisfy any law, regulation or government request, we are not obligated to do so and will not be liable for any Content on the Site. We have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on this Site. Without limiting the foregoing, we have the right to remove any material that we, in our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable.
If you see a Post that violates these Terms please report it to us. If you choose to reply to an offensive/abusive post on this Site, however, please do so respectfully. Your post is subject to the same Terms as the original post, even if the original post violates the Terms.
American Express reserves the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any submission, posting or e-mails you make or send to Site or any Forum. American Express may seek to gather information from you if you are suspected of violating the terms of this Agreement, and from any other user. American Express may suspend you if your conduct or postings are under investigation and we may remove such material from our servers as we deem appropriate and without notice. If American Express believes, in its sole discretion, that a violation of these terms of these Terms has occurred, we may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action we deem appropriate.
We may provide personally identifiable information in response to legal process, for example, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency's request.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS AMERICAN EXPRESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY AMERICAN EXPRESS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER AMERICAN EXPRESS OR LAW ENFORCEMENT AUTHORITIES.
INTELLECTUAL PROPERTY
You may not remove any copyright, trademark, or other proprietary rights notice, any sponsorship banners, promotional materials displayed on the Site. Any person who has been found to violate third party intellectual property rights or other rights may, in our sole discretion, be barred from submitting or posting any further material on the Site.
TRADEMARKS
The service marks, trademarks, trade names, logos, or other identifying marks ("Marks") displayed on the Site are the property of American Express and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of American Express or such third party. Posting of Marks or names in accordance with these Terms and Conditions shall not be deemed to violate this section.
COPYRIGHTS.
All information and content including any software programs available on or through the Site is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any such content available on or through the Site for commercial or public purposes.
DIGITAL MILLENNIUM COPYRIGHT ACT –
NOTIFICATION TO AMERICAN EXPRESS REGARDING ALLEGED COPYRIGHT INFRINGEMENT.
American Express respects the intellectual property rights of others and asks all users of this Site to do the same. In the event you suspect content has been posted to the Site which may infringe a third party’s copyright, please consult our Website Rules and Regulations for instructions on how to notify us.
Posting to this Site
We encourage your full participation in the Site and welcome you to post, generate, contribute, upload, provide, or submit any content, communications and/or materials upon and to the Site so long as the content, communications and/or materials comply with these Terms (“Post or “Postings”). We consider anything you Post to the Site freely available for our use as provided below. Where we have specifically requested your feedback or submissions additional terms may apply on the Site or as provided below. Please carefully read these additional terms before Posting.
Unsolicited Feedback & Submissions.
American Express does not accept feedback or submissions related to any portion of its past, current or future business practices, services or products including without limitation concepts, creative ideas, product service or advertising concepts, business models, inventions, designs, code changes, applications, methods, improvements, programs, works of authorship or other potential content sent directly to American Express or Posted on or through this Site by you (“Feedback”) on an unsolicited basis. This is to avoid the possibility of future misunderstanding or conflicts that may arise based on projects developed by or at our behest, including without limitation new features to this Site or our services that might seem similar or somehow related to your Posts/Feedback. American Express has no obligation to treat the Posts/Feedback you send us as confidential. Other than your un-posted profile information submitted upon registration, no communications or material you send to us will be treated as confidential. You hereby confirm no element of your Posts or the Feedback you communicate to us will be subject to any obligation, of confidence or otherwise, to you or any other person and American Express shall not be liable for any use or disclosure of such Posts/Feedback. Therefore, please do not Post or otherwise send to American Express any unsolicited Feedback unless specifically asked.
Solicited Feedback & Submissions.
In the event we explicitly solicit your Feedback or you decide to Post Feedback without being solicited, your Postings and Feedback are subject to the following additional terms:
a. American Express is not required to use any Postings/Feedback you provide, but it may do so at its sole discretion as provided herein. You therefore grant us all necessary rights in the Postings/Feedback throughout the world including, without limitation, all related copyright, patent, trademark, trade secret or other intellectual property rights, together with all consents (if any) to enable the unrestricted reproduction, distribution, modification, publication and/or other use or commercial exploitation of the Postings/Feedback by American Express and/or by any person authorized by American Express, by any means and in all media now known or hereafter devised, in whole or in part, without notice and without obligation, remuneration, payment or other reference to you or any other person, and to advertise and promote such use and exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity,
b. All Postings/Feedback in any way related to this Site or American Express’ past, current or future business practices, services or products, and all intellectual property rights arising thereof that are or have been created, developed or suggested by you, or in collaboration with others, may be assigned, at American Express sole option and direction, to become the exclusive property of American Express. Said assignment will include all goodwill associated with the Postings/Feedback and rights of enforcement, past, present and future (e.g. the right to sue, seek royalties), even if these Terms are later modified or terminated.
c. You acknowledge and agree that you are receiving good and valuable consideration, the adequacy of which you hereby recognize as satisfactory and complete, for any license or assignment of the Postings/Feedback from American Express hereunder, including the right to use this Site and the resources herein, and that while American Express may choose to do so if so chooses, you will not be entitled to any attribution, payment or other remuneration in connection with such assignment,
d. In the event American Express seeks to use and/or own the Postings/Feedback, you hereby waive any claims to any proprietary or intellectual property rights arising in or from such Postings/Feedback. To the maximum extent permitted by applicable law, waive all moral rights, rights of attribution, rights of privacy and publicity in the Postings/Feedback which may be available to you in any part of the world and confirm that no such rights have been asserted,
e. You represent and warrant, to the best of your knowledge, all Postings/Feedback provided by you are original, non-infringing and not owned, encumbered, originated from or otherwise controlled by a third party.
f. You represent and warrant you are entitled to take all necessary actions under these Terms, and that American Express will obtain clear title to and ownership of the Postings/Feedback if it chooses to exercise its right to assume ownership of the Postings/Feedback.
g. To the extent American Express seeks such an assignment hereunder, you will agree to take, at American Express’s sole expense, all steps American Express reasonably requests to transfer, perfect and/or defend American Express’s ownership, or license in the Posts/Feedback, as modified, the Posts/Feedback and any derivative works or modifications arising from said Posts/Feedback. American Express shall be entitled to a commercially reasonable period of time to examine the Posts/Feedback and perform all due diligence it deems necessary and/or prudent to execute upon such an assignment. To the extent you are unavailable, for any reason, to enter into any document and/or do any act American Express may consider appropriate to confirm the grant and assignment, consent and waiver set forth herein, you hereby appoint American Express as your agent with full power to do so.
h. The rights of American Express hereunder are fully transferable without notice or consent.
American Express may reference or use your screen name in any or all solicitations, promotions or advertising in any medium now known or hereafter invented without remuneration, obligation or attribution to you.
BLOGS, FORUMS, CHAT ROOMS, COMMUNITY PAGES.
THE CONTENT, MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON THE BLOGS, BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON OR AREAS OF THIS SITE ("FORUMS") ARE NOT NECESSARILY THOSE OF AMERICAN EXPRESS OR ITS AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS. AMERICAN EXPRESS DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF AMERICAN EXPRESS. AMERICAN EXPRESS MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE ABOVE DISCLAIMERS AND LIMITATIONS ON LIABILITY.
HYPERLINKING TO THIRD PARTY SITES & CONTENT, RSS FEEDS.
We may provide links or feeds to third party web sites or content, by allowing you to, through a hyperlink, leave the Site to access third-party material or by, among other things, bringing the third-party material into the Site via a “RSS Feed,” "inverse" hyperlinks and/or framing technology (a "Linked Site"). American Express has no discretion to alter, update, or control the content on a Linked Site. The fact that American Express has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. There are inherent risks in relying upon using, or retrieving any information found on the internet, and we urge you to make sure you understand these risks before relying upon, using, or retrieving any such information on a Linked Site
We do not permit framing or mirroring any part of the Site without our prior written authorization. We do, however, permit Users to add hypertext links to the Site provided the content of such Linked Site complies with these Terms. We, however, reserve the right, but are not obligated, to disable and remove any such links and specifically disclaim any responsibility for the content available on any other internet sites linked to this Site. American Express prohibits the framing of any content available through this Site. Access to any other internet sites linked to this Site is at the User’s own risk. you should be aware that Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions and other provisions that differ from the provisions provided on this Site. WE ARE NOT RESPONSIBLE FOR SUCH PROVISIONS AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY RELATED TO SUCH PROVISIONS.
NO WARRANTIES.
ALL CONTENT, PRODUCTS AND THIRD PARTY SERVICES ON THIS SITE, OR OBTAINED FROM A LINKED SITE ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
AMERICAN EXPRESS DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THIS SITE OR A LINKED SITE, (B) ANY CONTENT PROVIDED ON THE SITE AND ANY LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM THE SITE OR A LINKED SITE. WHEN YOU ACCESS THIS SITE OR ANY LINKED SITES, YOU DO SO AT YOUR OWN RISK. WE TAKE NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS WHICH ARE OR MAY BE POSTED ON THIS SITE OR A LINKED SITE.
OTHER THAN AS REQUIRED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCE WILL AMERICAN EXPRESS OR ITS AGENCIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THE SITE OR A LINKED SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFF LINE, OF ANY USER ON THE SITE. WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
LIMITATION OF LIABILITY FOR USE OF THE SITE AND LINKED SITES.
THE INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTIONS OF SERVICES PUBLISHED ON THE SITE OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND AMERICAN EXPRESS SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. AMERICAN EXPRESS DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THE SITE IS COMPLETE OR UP-TO-DATE. AMERICAN EXPRESS IS UNDER NO OBLIGATION TO UPDATE ANY CONTENT ON THE SITE. AMERICAN EXPRESS MAY CHANGE THE CONTENT ON THE SITE AT ANY TIME WITHOUT NOTICE. AMERICAN EXPRESS MAY MAKE IMPROVEMENTS OR CHANGES TO THE SITE AT ANY TIME.
YOU AGREE THAT AMERICAN EXPRESS, ITS AGENCIES AND AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE SITE OR A LINKED SITE, EVEN IF AMERICAN EXPRESS IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. AMERICAN EXPRESS CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE.
LIMITATION OF LIABILITY FOR GOODS AND SERVICES ARRANGED THROUGH THE SITE.
ANY AND ALL CLAIMS REGARDING ANY FAILURE OR BREACH WITH RESPECT TO GOODS AND SERVICES OFFERED THROUGH THE SITE ARE LIMITED TO CLAIMS AGAINST ANY AND ALL SUCH PROVIDERS OF GOODS AND SERVICES. AMERICAN EXPRESS HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OUR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY CARRIER OR OTHER SUPPLIER THROUGH THE SITE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH CARRIER OR SUPPLIER AND YOU HEREBY EXONERATE AMERICAN EXPRESS FROM ANY LIABILITY WITH RESPECT TO THE SAME.
LIMITATIONS.
you and American Express agree that any cause of action arising out of or related to the Site must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
INDEMNIFICATION.
You agree to indemnify and hold American Express, its agencies and their parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, the violation of these Terms by you, or the infringement by you, or other user of the Site using your computer, of any intellectual property or other right of any person or entity.
PROPER EQUIPMENT.
You (and not American Express) are be responsible for, without limitation, obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Site, and paying all charges related thereto.
LOCAL REGULATIONS.
This Site is intended for viewing solely in the United States. American Express makes no representation that materials or other content on the Site are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Site from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
APPLICABLE LAWS & JURISDICTION.
These Terms are governed by, construed and enforced in accordance with the laws of the State of New York, excluding its conflict of law provisions, as they are applied to agreements entered into and to be performed entirely within New York. You agree any cause of action brought to enforce these Terms or, in connection with any matters related to this Site shall be brought only in the applicable State or Federal Courts located in New York, New York, and you expressly consent to the jurisdiction of said courts.
SEVERABILITY.
If any provision(s) of the Terms and Conditions is held by a court of competent jurisdiction to be void, contrary to law or for any reason otherwise unenforceable, then such provision(s) shall be construed, as nearly as lawfully possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The severance of any void, unlawful or otherwise unenforceable section, shall not affect the validity or enforceability of any remaining provisions herein.
WAIVER.
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
MISCELLANEOUS.
The section titles set forth in these Terms are solely used for the convenience of the parties and have no legal or contractual significance. This is the entire agreement between the parties relating to the matters contained herein.