By The Way Travel, LLC – Terms of Use and Notices

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Agreement between Client and By The Way Travel, LLC
This website is offered to the user conditioned on acceptance by the user ("User") without modification of the terms, conditions, and notices contained herein. By accessing and using this website, the User is deemed to have agreed to all such terms, conditions, and notices (the "Agreement").

Personal and non-commercial use limitations
This website is for the User's personal, non-commercial use. User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this website.

Copyright and trademark notices
All contents of this website are: Copyright © 2011-2016 By The Way Travel, LLC, and/or their suppliers. All rights reserved.

Other product and company names mentioned herein might be the trademarks of their respective owners.

Liability disclaimer
The information, products, and services published on this website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. By The Way Travel, LLC and/or its respective suppliers may make improvements and/or changes to this website at any time.

By The Way Travel, LLC and/or its suppliers make no representations about the suitability of the information, products, or services contained on this website for any purpose. All such information, products, and services are provided "as is" without warranty of any kind. By The Way Travel, LLC and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, products, and services. Including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall By The Way Travel, LLC and/or its respective suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of this website or with the delay or inability to use this website, or for any information, products, or services obtained through this website, or otherwise arising out of the use of this website, whether based on contract, tort, strict liability or otherwise, even if By The Way Travel, LLC and/or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

No unlawful or prohibited use
As a condition of use of this website, User warrants to By The Way Travel, LLC that User will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

Links to third parties' websites
This website may contain hyperlinks to websites operated by third parties other than By The Way Travel, LLC. Such hyperlinks are provided for User's references only. By The Way Travel, LLC does not control such websites and is not responsible for their contents. By The Way Travel, LLC's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Use of e-mail or other communications forums
To the extent that this website contains e-mail or other communications facilities ("forums"), the User agrees to use such forums only to send and receive messages and material that are proper and related to the particular forum. By way of example, and not as a limitation, the User agrees that when using a forum, the User shall not do any of the following:

• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, distribute or disseminate any defamatory, infringing, obscene, indecent, or unlawful material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless the User owns or controls the rights thereto or has received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
• Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded.
• Falsify the origin or source of software or other material contained in a file that is uploaded.
• Advertise or offer to sell any goods or services, or engage in surveys, contests, or chain letters.
• Download any file that the User knows, or reasonably should know, cannot be legally distributed via this website.
• User agrees (as available) to send and receive electronic mail and otherwise use this website only as permitted by these terms and conditions, any additional policies or procedures published in this website from time to time by BTW Travel, LLC, and applicable law. The User acknowledges that e-mails and any other such communications forums hosted by this website are public and not private communications.

By The Way Travel, LLC reserves the right to deny in its sole discretion to any user access to this website or any portion thereof without notice. BTW Travel, LLC reserves the right to edit any notices for clarity and length.

Service contact
Contact BTW Travel, LLC with questions or problems with this website.

Modification of these terms and conditions
By The Way Travel, LLC reserves the right to change this Agreement at any time by revising the terms and conditions herein. User is responsible for regularly reviewing these terms and conditions. Continued use of this website following any such changes shall constitute the User's acceptance of such changes.

General
This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this website; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.

This Agreement shall be deemed to have been made in the State of Minnesota, U.S.A. and shall be interpreted, and the rights and liabilities of the parties hereto determined in accordance with the law of the State of Minnesota, U.S.A., without regard to conflicts of law principles. The parties consent to the exclusive jurisdiction of the state and federal courts for the County of Anoka, Minnesota, U.S.A. for the determination of any claim or controversy between the parties and arising out of or relating to this Agreement. Both parties hereby consent to the jurisdiction of the Minnesota courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis.

User acknowledges that no joint venture, partnership, employment, or agency relationship exists between the User and By The Way Travel, LLC as a result of this Agreement or use of this website. User agrees not to hold himself or herself out as a representative, agent, or employee of By The Way Travel, LLC and By The Way Travel, LLC shall not be liable for any representation, act, or omission of the User.

By The Way Travel, LLC's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of BTW Travel, LLC's right to comply with law enforcement requests or requirements relating to the User's use of this website or information provided to or gathered by BTW Travel, LLC with respect to such use.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then 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 the remainder of the Agreement shall continue in effect.

This Agreement constitutes the entire agreement between the User and By The Way Travel, LLC with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and BTW Travel, LLC with respect to this website. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement 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.

Use of Online Reservations
The Online Reservations feature of this website is provided solely to assist customers in determining the availability of travel-related goods and services and to make legitimate reservations or otherwise transact business with suppliers, and for no other purposes. You warrant that you are at least 18 years of age and possess the legal authority to enter into this Agreement and to use this website in accordance with all terms and conditions herein. You agree to be financially responsible for all of your use of this website (as well as for use of your account by others, including without limitation minors living with you). You agree to supervise all usage by minors of this website under your name or account. You also warrant that all information supplied by you or members of your household in using the website is true and accurate. Without limitation, any speculative, false or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the travel services reservations facilities of this website shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You understand that overuse or abuse of the travel services reservation facilities of the website may result in you being denied access to such facilities.

Separate terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. You agree to abide by the terms or conditions of purchase imposed by any supplier with whom you elect to deal including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of fares, products, or services. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this website.

Indemnity
As a condition of use of this website, the User agrees to indemnify By The Way Travel, LLC and it suppliers from, and against, any and all liabilities, expenses (including attorneys' fees), and damages arising out of claims resulting from User's use of this website, including without limitation any claims alleging facts that if true would constitute a breach by User of these terms and conditions.