SweetFare.com
Terms of Service Home
  These Terms of Service (“Terms”) are a contract between you and Omni Travel Search, Inc., a company registered in the State of Delaware USA, doing business as SweeFare.com (“SweetFare.com”, “we”, “us”, “our” as appropriate). SweetFare.com operates www.SweetFare.com.com (“SweetFare.com Web site”) and the SweetFare.com travel search engine accessed through the Site (collectively the “Service”).  
  By using the Site you acknowledge and confirm that you have read, understand and agree to be bound by these Terms.  
  THE SERVICE IS ONLY INTENDED FOR ADULTS OVER 18 YEARS OF AGE. IF YOU ARE NOT 18 OR OLDER YOU MAY NOT USE THE SERVICE.  
  SWEETFARE.COM IS A TRAVEL SEARCH SERVICE THAT WILL LINK YOU TO THIRD TRAVEL PARTY PROVIDERS. SWEETFARE.COM ITSELF DOES NOT SELL ANY TRAVEL PRODUCTS.  
  1. Description of the Service and Site  
  The Service enables you to search for available travel products and services (such as airline tickets, accommodations and rental cars) offered by third party providers based on search criteria that you provide and to click through to the third party Web sites where you can book reservations for such travel products. Upon receipt of your search request, SweetFare.com sends it to third party travel providers which may have travel options that meet the criteria in your search request and displays to you the options that the Service finds. If you choose to book one of the options SweetFare.com displays in the search results, you are sent to the third party supplier’s Web site (or in limited cases, to a site hosted by SweetFare.com on their behalf) where you can make a reservation directly with the third party provider. In addition to the Service, the SweetFare.com Site includes numerous listings of travel deals offered by third parties. If you select one of these deals SweetFare.com will link you to the third party travel supplier’s Web site where you can learn more about the offer and book a reservation. You also can receive information about third party travel deals if you opt-in to receive any of SweetFare.com’s e-mail newsletters. As with the travel deals on the Site, if you select one of the travel deals in an e-mail you will be linked to the third party travel supplier’s Web site where you can learn more about the offer and book a reservation. The Service offered to you is conditional of your acceptance - without modification - of these Terms. Your access and use of the Service and SweetFare.com Web site and any content made available through the Service or SweetFare.com Web site constitutes your agreement to these Terms and to the SweetFare.com Privacy Policy.  
  2. Limitations on Use
  
  You warrant that you are 18 years of age or older. You agree that you will use the Service solely for your own personal, non-commercial purposes, and in accordance with these Terms. You agree that you will only use the Service to make legitimate inquiries, reservations or purchases. You agree not to:  
 
  • modify, copy, distribute, transmit, display, perform, reproduce, publish, republish, upload, license, create derivative works from, reverse engineer, transfer, or sell or re-sell any (i) information, software, products, or services obtained through the Service or SweetFare.com Web site, or (ii) any of our or our supplier’s copyrights, trademarks or other intellectual property rights;
  • use any robot, spider, software routine, scraper, other automatic device, or manual process to access, query, monitor and/or copy any content available on the Service for any purpose or to interfere or attempt to interfere with the proper working of the Service;
  • use a frame or other border around the Site, or other framing method to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
  • interfere with or disrupt the Service or servers used to operate the Service or otherwise tamper, hack, modify or otherwise corrupt the security or functionality of Service; or
  • destroy or limit the functionality of any SweetFare.com computer software or hardware or telecommunications equipment.
  
  3. Content Submitted For Inclusion On The Service  
  General From time to time SweetFare.com may enable users to submit, post, exchange, transmit or make available for inclusion on areas of the Service (such as user reviews, chat rooms, or discussion forums) information, ideas, opinions, images, photos or other materials (collectively “Content”).  
  Your Responsibilities and Your Submitted Content You are responsible for all Content that you upload, download, post, e-mail, transmit or otherwise make available (collectively “Post”) via the Service. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. SweetFare.com does not screen or control the Content posted via the Service and does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that is your responsibility to evaluate the Content and that you bear all the risks associated with using such Content.  
  You represent and warrant that:  
  (a) you own or otherwise control all of the rights to the Content that you Post;
(b) you have the full right to Post the Content on the Service;
(c) the Content is accurate and lawful in all respects; and
(d) use of the Content you Post does not violate these Terms and will not cause injury to or violate the rights of any person or entity.		  
  Indemnity You will be responsible for and indemnify and hold SweetFare.com and its affiliates harmless from all losses resulting from Content you Post. SweetFare.com takes no responsibility and assumes no liability for any Content Posted by you or any third party. Under no circumstances will SweetFare.com be liable in any way for any Content, including without limitation, any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, transmitted or otherwise made available via the Service.  
  Removal SweetFare.com has the right, but not the obligation, to refuse to post or to remove Content for any reason including, without limitation, if we think that it violates these Terms or is otherwise unlawful objectionable, as determined by SweetFare.com in our discretion. You acknowledge that SweetFare.com does not (but may if it wishes) pre-screen, control, edit or endorse Content made available through the Service and has no obligation to monitor the Content Posted via the Service. In particular, we do not monitor the Content Posted for the purpose of identifying whether Content submitted infringes a third party’s trademarks, copyrights or other intellectual property rights.  
  Licenses SweetFare.com does not own the Content you submit or make available for inclusion on the Service. However, for any Content you Post on the Service, you grant SweetFare.com a non-exclusive, worldwide, royalty free, perpetual, irrevocable, transferable, fully sub-licensable (through multiple tiers) right and license to use, distribute, reproduce, modify, adapt, translate, create derivative works of, publicly perform and publicly display and exercise and exploit the Content you Post on the Service and all the copyrights and other intellectual property rights you have in such Content (in whole or in part) in any way and in any format or medium now known or later developed.  
  4. Restrictions  
  While using the Service, you will not:  
 
  • Use the Service to violate any applicable local, state, national or international laws, third party rights, or these Terms or our policies;
  • Post Content comprised of your or anyone else’s personal information (i.e. information which personally identifies you or such person such as e-mail address or phone number);
  • Use the Service to collect or store personal information of others;
  • Use the Service to make any speculative, false or fraudulent transaction, reservation or any reservation in anticipation of demand;
  • Use the Service if you are under the age of 18 or otherwise not able to form legally binding contracts;
  • Post false, inaccurate, or misleading Content (including personal information);
  • Use the Service if you are temporarily or indefinitely suspended or terminated from using the Service;
  • Post unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • Use the Service to stalk, harm or harass any members of the public, including but not limited to minors, in any way;
  • Post any Content or other materials on the Service that contain software viruses, worms, Trojan horses or other computer code, files, programs or other technologies that are designed to erase data or programming or otherwise cause the Service to become inoperable or to become functionally impaired;
  • Post any Content or e-mail that is obscene in nature, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, sexually or otherwise objectionable;
  • Post Content that infringes any patent, trademark, trade secret, copyright, personality right or other proprietary or intellectual property rights of SweetFare.com or any third party or which you do not have the full rights to Post;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content Posted on the Service;
  • Post any Content for commercial or advertising purposes; or
  • Use the Service to impersonate anyone else.
  
  If, in our judgment, you engage in any activities which we consider to be contrary to these Terms, including engaging in any of the above-described prohibited actions, without limiting other remedies avail able to us, we may limit, suspend, or terminate your use of the Service and take any and all available technical and legal actions we deem necessary. In addition to actions that we may take, if you engage in certain of the described prohibited actions, you may be subject to state, and/or federal penalties and other legal consequences under applicable law.  
  5. Links and Third Party Web sites  
  SWEETFARE.COM IS A TRAVEL SEARCH SERVICE THAT WILL LINK YOU TO THIRD PARTY PROVIDERS. SWEETFARE.COM DOES NOT SELL ANY TRAVEL PRODUCTS.  
  The SweetFare.com Web site contains hyperlinks to many third-party Web sites, including, without limitation, web sites of third party travel suppliers and advertisers. The linked Web sites are not controlled, operated or owned by SweetFare.com and SweetFare.com is not responsible for the contents of or the services or products provided on any such Web sites. You acknowledge and agree that SweetFare.com is not responsible for the availability of such Web sites and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such. SweetFare.com cannot ensure that you will be satisfied with their products, services or business practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties. You agree that SweetFare.com is in no way responsible for the accuracy, timeliness or completeness of information it may obtain on your behalf from these travel product providers. Your interaction with any third party Web site accessed through the Service is at your own risk, and SweetFare.com shall have no liability with respect to the acts, omissions, errors, 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.  
  6. Digital Millennium Copyright Act  
  SweetFare.com respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Process for Claiming Copyright Infringement.  
  7. Modifications to the Service  
  SweetFare.com reserves the right to modify or discontinue, temporarily or permanently, at any time and from time to time, the Service (or any function or feature of the Service or any part thereof) with or without notice. Without limiting the foregoing, SweetFare.com may post on the Site or e-mail to you notices of changes in the Service. You agree that SweetFare.com will not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service.  
  8. Changes to These Terms  
  SweetFare.com reserves the right to change these Terms in the future and asks that you review these Terms from time to time so that you are aware of any changes. A copy of the current Terms will be readily accessible at all times on the SweetFare.com Web site. Your continued use of the Service following any change will be subject to the Terms in effect at the time of your use.  
  9. TerminationSweetFare.com reserves the right, in its sole discretion, to restrict, suspend, or terminate your use of and access to all or any part of the SweetFare.com Site and/or Service at any time and for any or no reason, with or without prior notice, and without liability.  
  10. Privacy  
  The SweetFare.com Privacy Policy is available for your review at www.SweetFare.com/privacy.html. You consent to the information practices and disclosures set forth in that policy, and agree that those practices are reasonable.  
  11. Copyright and Trademark Notices  
  All contents of the SweetFare.com Web site are the copyright of Omni Travel Search, Inc. ©2007, 3717 Bagley Avenue, Ste. 309, Los Angeles, CA 90034 USA. All rights reserved. SweetFare.com®, the OmniTravelSearch™ and the SweetFare.com logo are trademarks of Omni Travel Search, Inc. Other product and company names mentioned herein may be the trademarks of their respective owners. Unauthorized use of the Service and/or the materials contained on this Web site may violate applicable copyright, trademark, service mark or other intellectual property laws or other laws. SweetFare.com, its suppliers and licensors retain all rights, title and interest in the content on the SweetFare.com Service. You may not use the SweetFare.com Service or SweetFare.com Web site for any commercial purposes, including without limitation, framing, co-branding the site (displaying or logo alongside yours) or hyperlinking to the SweetFare.com Web site.  
  12. Disclaimer of Warranty  
  THE SERVICE IS FREE AND YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND LIMITATIONS AND EXCLUSIONS SET OUT IN THESE TERMS ARE REASONABLE.
THIS SERVICE IS PROVIDED BY SWEETFARE.COM "AS IS" AND YOU USE IT AT YOUR SOLE RISK. ALL EXPRESS, IMPLIED, STATUTORY AND OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. SWEETFARE.COM FURTHER DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR THE SECURITY, RELIABILITY, ACCURACY, TIMELINESS, AND PERFORMANCE OF THE SERVICE. YOU UNDERSTAND AND AGREE THAT THE SERVICE AND SWEETFARE.COM MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. SWEETFARE.COM DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ON ITS BEHALF AND ON BEHALF OF ITS AGENTS AND AFFILIATES, LIABILITY FOR ERRORS AND INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE HOTEL, AIR, CAR AND OTHER TRAVEL PRODUCTS DISPLAYED ON THE SERVICE, INCLUDING, WITHOUT LIMITATION, HOTEL DESCRIPTIONS, RATINGS, PHOTOGRAPHS, AMENITIES, DESCRIPTIONS, ETC., THE MAJORITY OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS AND OTHER THIRD PARTIES. ANY HOTEL OR OTHER RATINGS DISPLAYED ON THIS WEB SITE ARE ONLY INTENDED TO PROVIDE GENERAL INFORMATION AND GUIDELINES, AND SWEETFARE.COM DOES NOT GUARANTEE THE ACCURACY OF THE RATINGS OR ACCEPT ANY LIABILITY FOR ANY INACCURACIES. Some jurisdictions do not allow the disclaimer of warranties. In such jurisdictions, the foregoing disclaimers shall apply to the fullest extent permitted by law.		  
  13. Limitation of Liability  
  UNDER NO CIRCUMSTANCES WILL SWEETFARE.COM OR ITS AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, (EVEN IF SWEETFARE.COM OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY WILL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OR RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, MALFUNCTION, OR TERMINATION OF THE SERVICE. THIS LIMITATION WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS DISPLAYED THROUGH THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE. SUCH LIMITATION WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW AND EVEN IF SWEETFARE.COM OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental damages, consequential damages, or intentional conduct, so the above limitations and exclusions may not apply to you. In such jurisdictions, the foregoing limitations shall apply to the fullest extent permitted by law.  
  IN NO EVENT SHALL SWEETFARE.COM'S LIABILITY TO YOU EXCEED US$100 IN TOTAL FOR ANY CLAIM OR CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, (EVEN IF SWEETFARE.COM OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).  
  14. Indemnification  
  You agree to indemnify and hold harmless SweetFare.com, and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, from any claim or demand, made by any third party due to or arising directly or indirectly out of your conduct or in connection with your use of the Service, any alleged violation of this Agreement, any alleged violation of any applicable law or regulation, or any alleged violation of any rights of another, including but not limited to your use of any content, trademarks, service marks, trade names, copyrighted or patented material, or other intellectual property used in connection with the Service. SweetFare.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, but doing so shall not excuse your indemnity obligations.  
  15. Miscellaneous  
  You may not assign, delegate or transfer your rights or obligations under these Terms. You will review these Terms periodically. If SweetFare.com fails to act with respect to your breach of these Terms or anyone else’s breach on any occasion, SweetFare.com is not waiving our right to act with respect to future or similar breaches. The laws of the State of California, United States of America govern these Terms without reference to its choice of law principles. You hereby consent to the exclusive jurisdiction and venue of courts in Los Angeles County, California, USA, in all disputes arising out of or relating to the use of this Service. Use of this Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this Section. If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, hen the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and these Terms are shall continue in effect. These Terms (and the Privacy Policy referenced herein) constitute the entire agreement between you and the SweetFare.com with respect to the Service and the SweetFare.com Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and SweetFare.com with respect to the Service.  
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