Terms of Service

Last Revised September 15, 2005

SITE59 TERMS OF SERVICE AGREEMENT: Welcome to Site59! The Site59.com web site (the "Site") is provided by Site59.com, LLC ("Site59", "we" or "us") subject to the terms and conditions set forth below (the "Agreement"). This Agreement governs the relationship between us and you, a user of the Site ("you"). It is important that you read carefully and understand the terms and conditions of this Agreement. By using the Site or buying a Package, you agree to be bound by this Agreement. If you do not agree to these terms and conditions, please do not use the Site or buy a Package. We reserve the right at any time to change (i) the terms and conditions of this Agreement, or (ii) the Site and/or any Package or other content thereon or feature thereof. Any changes we make will be effective immediately. Your continued use of the Site or purchase of a Package following such changes will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.

Making Purchases. The Site is solely provided to assist you and other users in purchasing travel packages ("Packages") for personal use (or for use by others for whom you are legally authorized to act) and for no other purpose. You may only use the Site if you are at least 18 years of age and can enter into binding contracts under applicable law. When you purchase a Package, we communicate with the relevant airline, hotel, car rental company, entertainment venue, restaurant, or other supplier(s) of the goods or services included in such Package (each, a "Supplier") to book and pay for each element of your Package. The total price of such Package includes a markup for our efforts in negotiating our special rates and fulfilling your purchase. All of the goods and services that you reserve and purchase through the Site in connection with a particular Package are subject to the terms and conditions set by each of our Suppliers. You agree to abide by such terms and conditions set by the Suppliers, including, but not limited to, compliance with all rules and restrictions regarding availability of fares, products, or services. By booking a Package, you agree to use all components of that Package.

We do not require registration for you to use the Site. However, if you choose to purchase a Package, you will be asked to provide certain information that we must have to process your purchase, such as your name, billing address, phone number and email address. In addition, if you sign up to receive our Site59 Top Picks emails, you will be asked to provide information such as your first name, email address, zip code and preferred departure city. In such cases, you agree to provide accurate, current and complete information about yourself as prompted by our Site. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this Agreement and your use of the Site. You understand and agree that we will treat any such information in the manner described in our Privacy Policy, the terms of which are incorporated herein.

You agree that the total amount of your purchase, including fees, taxes, shipping/handling and other charges, and surcharges will be charged to the credit card account number you supply to us. The total amount that you must pay to us will be disclosed to you prior to purchase. You should remember, however, that as with all travel services, there might be additional charges that apply for which you are solely responsible. For example, while staying at a hotel, you may incur incidental charges for phone calls, room service, movies, and similar services. When you check in, a credit card may be required to secure any such additional charges. These and similar charges are not included in the price of your Package and will be payable directly to the hotel at check out. Similarly, when you pick up a rental car, a credit card may be required to secure any additional fees and incidental charges you incur, such as fees for insurance, gasoline, extra drivers, or damages caused by you. When picking up event tickets, you may be required to present identification such as a major credit card or driver's license. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred.

Special Requests. If you have special requests (such as aisle seats, smoking room, pet accommodations, view, floor location, etc.), you must contact the Supplier directly after your purchase is confirmed and make appropriate arrangements, subject to availability. When making a purchase on the Site, you expressly accept the possibility that the Supplier may not satisfy such special requests. No purchase or reservation may be canceled based on the failure of a Supplier to satisfy special requests.

No Refunds or Changes. All sales are non-refundable, non-changeable and non-transferable, notwithstanding any changes in travel plans, flight delays, late check in or early check out of hotel, no shows or missed connections.

Materials. The information and materials provided through the Site, including any data, text, graphics, images, audio and video clips, logos, icons, software and links (collectively, the "Materials"), are intended solely to assist you in reserving an purchasing goods and services for your own personal use or for use by others for whom you are legally authorized to act. Unless otherwise specified on the Site, you may download Materials displayed on the Site, and may use the downloaded Materials, solely for your personal use. You may print a single copy of any textual Material available for downloading on the Site, and may execute a single copy of any software available for downloading on the Site. You must retain all copyright and other proprietary notices on downloaded and copied Materials, and any such downloads or copies are subject to the terms and conditions of this Agreement. Further, the Materials remain our property or that of our licensors or Suppliers. Use or downloading of software and other Materials is conditioned on acceptance of the terms and conditions of any license agreements relating to such software or other Materials, including agreements of third parties. By acquiring or using the Materials, you agree to such terms and conditions. You may not download, copy or use any of the Materials except as expressly authorized by this Agreement and, in any event, you may not distribute, modify, transmit or publicly display the Materials without our written consent or, if so indicated in writing by us, our licensors or Suppliers.

No Guarantee, Endorsement or Liability. Although we strive to provide Materials that are both useful and accurate, laws, regulations, data and other information change frequently and are subject to varying interpretations. In addition, the facts and circumstances of every situation differ. Accordingly, although we endeavor to use reasonable care in assembling the Materials, the Materials may not be up-to-date, accurate or complete. In addition, portions of the Materials have been contributed to the Site by our Suppliers or other third parties. The inclusion of such information does not indicate any approval or endorsement of such Suppliers or other third parties, and we expressly disclaim any liability with respect to the foregoing. We do not control and are not responsible for the quality or safety of such goods and services and cannot guarantee the accuracy of listings or product descriptions. We reserve the right, without prior notification, to change such descriptions or references, to limit the order quantity on any product or service and/or to refuse service to you. Price and availability of any product or service are subject to change without notice. Verification of information applicable to a purchase may be required prior to our acceptance of any order. You agree that you will not seek to hold us liable for any damages, delay, inconvenience, or loss arising out of any goods or services of provided by Suppliers or other third parties.

Code of Conduct. While using the Site and the Materials, you (a) agree to comply with all applicable laws, rules and regulations and (b) you agree not to:

  • Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site;
  • Use the Site or Materials for any unlawful purpose;
  • Express or imply that any statements you make are endorsed by us, without our prior written consent;
  • Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
  • Engage in spamming or flooding;
  • Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
  • Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or software;
  • Remove any copyright, trademark or other proprietary rights notices contained in the Site or Materials;
  • "Frame" or "mirror" any part of the Site without our prior written authorization;
  • Link to any page of or content on the Site other than the URL located at http://www.site59.com/;
  • Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; or
  • Harvest or collect information about Site visitors or members without their express consent.

Ownership and Restrictions on Use. The Site is owned and operated by us in conjunction with others pursuant to contractual arrangements, and the Materials (and any intellectual property and other rights relating thereto) are and will remain the property of Site59 and its licensors and Suppliers. U.S. and international copyright, trademark and other laws thereof protect the Materials and the selection, compilation, collection, arrangement and assembly, and you acknowledge that these rights are valid and enforceable. You may not copy, reproduce, republish, upload, post, transmit or distribute Materials or other content or information available on or through the Site in any way without our prior written permission. The Materials may be used solely to the extent necessary for your authorized use of the Site, as provided in this Agreement or as expressly authorized in writing by us or, if so indicated in writing by us, our licensors or Suppliers. Modification of the Materials or use of the Materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site or the Materials.

The trademarks, logos, and service marks displayed on the Site (collectively the "Trademarks") are the registered and unregistered trademarks of Site59, Site59's licensors and Suppliers, and others. The Trademarks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion with customers, or in any manner that disparages us. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without our express written permission, that of our licensors or Suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and we will aggressively enforce our intellectual property rights in such Trademarks, including via civil and criminal proceedings.

Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (as amended, the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that we have wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter- notices must meet the then-current statutory requirements imposed by the DMCA; see 17 U.S.C 512 for details. Notices and counter-notices with respect to the Site should be sent to Site59.com, LLC, 139 Centre Street, 7th Floor, New York, NY 10013, Attn: General Counsel, Phone: 212-324-3270, Fax: 212-324-3256, Email: click here to send. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

Links. The Site contains links to other Internet web sites, including affiliated web sites that may or may not be owned or operated by us. We have not reviewed all of the web sites that are linked to the Site, and we have no control over such sites. Unless otherwise explicitly stated, we are not responsible for the content of such web sites, any updates or changes to such sites, or the privacy or other practices of such sites, and the fact that we offer such links does not indicate any approval or endorsement of any material contained on any linked site. We are providing these links to you only as a convenience. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any linked site. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of such items as viruses, worms, trojan horses, defects, date bombs, time bombs and other items of a destructive nature.

Rules for Sweepstakes, Contests and Games. Any sweepstakes, contests or games that are accessible through the Site are governed by specific rules. By entering such sweepstakes or contests or participating in such games you will become subject to those rules. We urge you to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy, which, in addition to this Agreement, governs any information you submit in connection with such sweepstakes, contests and games.

Disclaimers. THE SITE, THE MATERIALS AND ANY PACKAGE OR OTHER PRODUCT OR SERVICE OBTAINED THROUGH THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SITE59 AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

SITE59 AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE OR THE MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED OR MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE MATERIALS AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF SITE59 OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE, IN THE MATERIALS OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND THE MATERIALS IS ENTIRELY AT YOUR OWN RISK.

A possibility exists that the Site or the Materials could include inaccuracies or errors, or information or materials that violate this Agreement (specifically, the Code of Conduct above). Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site or Materials. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site's completeness or correctness. In the event that a situation arises in which the Site's completeness or correctness is in question, please contact us with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on "Claims of Copyright Infringement," above.

Limitation of Liability. NEITHER SITE59 NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR THE MATERIALS, ANY LINKED SITE OR ANY PACKAGE OR OTHER PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, MATERIALS,ANY LINKED SITE, OR PACKAGES OR OTHER PRODUCTS OR SERVICES IS TO STOP USING THE SAME. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO SITE59 FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE LESSER OF (A) THE TOTAL AMOUNT PAID BY YOU FOR A PACKAGE, OR (B) US$100.00.

Indemnification. You agree to indemnify, defend and hold Site59, our affiliates, licensors, Suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct, above; and/or (b) your activities in connection with the Site or a Package.

Jurisdictional Issues. The Site is solely directed to individuals residing in the United States and Canada. We make no representation that Materials available on or through the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. We reserve the right to limit the availability of the Site and/or the provision of any Package or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion.

Termination. This Agreement shall remain effective until terminated in accordance with its terms. Either party may terminate this Agreement immediately upon notice to the other party. In addition, we reserve the right to immediately terminate this Agreement, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement by either party, your right to use the Site shall immediately cease, and you shall destroy all Materials obtained from the Site and all copies thereof, whether made under the terms of this Agreement or otherwise.

Miscellaneous. This Agreement is governed by and construed in accordance with the laws of the State of Texas, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in Tarrant County, Texas, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this Site must be brought within two (2) years from the date on which such claim or action arose or accrued. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter. This Agreement is not assignable, transferable or sublicenseable by you except with our prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. We reserve any rights not expressly granted herein.

Special Notices for California Users. We are registered as a Seller of Travel with the State of California. Our California Seller of Travel number is 2066904-50. Registration as a Seller of Travel does not constitute approval by the State of California. Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

All prices are per person, double occupancy, and priced in USD. Package prices include all taxes & fees.