Effective: September 2012
This website is owned by Collette Travel Service, Inc. ("Collette")
Acceptance of Terms and Conditions
Welcome to our website. ("Site")
By accessing, browsing or otherwise using this website, you acknowledge that you have read, understood and agree to be bound by the following Terms and Conditions of Use Agreement including any documents, policies and guidelines incorporated by reference. If you disagree with any part of these terms, please do not use our website.
Changes to the Terms or Site
Collette may change, modify or update the Terms and Conditions and this Agreement from time-to-time without notice other than posting the amended Terms on the site. The amended Terms will automatically be effective when posted on our site. Your continued use of our site after any changes are made to the Terms constitutes your consent to such changes. Collette reserves the right to change, modify or discontinue the site including any and all content contained on the site, at any time without notice. You agree that Collette will not be liable to you or any third party for any modification, suspension or discontinuance of this site.
The trademarks, service marks and logos ("trademarks") of Collette used and displayed on this site are registered and unregistered trademarks or service marks of Collette. Collette's trademarks may not be copied or used in whole, part or modified form, without the prior, written permission of Collette. This site contains other trademarks which are not Collette's but are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without permission of the applicable trademark holder/owner.
This site contains material, including but not limited to software, text, graphics, pricing, tour descriptions, images and photos ("Content"). Either Collette owns the Content or portions of the content on the site may be available to Collette though arrangements with third parties. This Content is protected by United States and foreign intellectual property laws. Unauthorized use of the Content may result in a violation of copyright, trademark or other laws. You have no rights in or to the content and you shall not use, copy or display the content without the prior written consent to Collette.
DISCLAIMER OF WARRANTIES
YOUR USE OF OUR SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN THIS SITE IS AT YOUR SOLE RISK. THIS WEBSITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS". COLLETTE, ON BEHALF OF ITSELF AND ITS OFFICERS, AGENTS, REPRESENTATIVES OR EMPLOYEES EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
IN NO EVENT SHALL COLLETTE, ITS EMPLOYEES, AGENTS, REPRESENTATIVES OR OFFICERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNATIVE OR EXEMPLARY DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, RESULTING FROM THE USE OR INABILITY TO USE THIS WEBSITE AND CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF COLLETTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF COLLETTE UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED ($100.00) DOLLARS.
Links to Third Party Websites
This site contains links to third party websites. Links to third party websites on Collette's site are provided solely as a convenience to you. If you use these links, you will leave Collette's site. Collette does not operate, control or endorse any information, products or services on the third party websites. Collette is not responsible for the content, link or privacy of any third party website. If you decided to access any of the third party websites, you do so at your own risk.
The security of your personally identifying information is important to Collette. While Collette will take all reasonable steps to protect your personally identifying information, Collette cannot be responsible for the acts of those who gain unauthorized access and Collette makes no warranty, guarantee or representation that use of our site is protected from viruses, security threats or other vulnerabilities.
The Digital Millennium Copyright Act of 1998 (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 on this Site infringe upon your copyright, you (or your agent), may send Collette a notice requesting that the material may be removed, or access to it blocked. Notices and Counter-Notices must meet the current statutory requirements imposed by DMCA. Notices and Counter-Notices with respect to this Site should be sent to Collette at:
Collette Travel Service
Attn: John Galvin
162 Middle Street
Pawtucket, RI 02861
Collette provides this Site for use only by persons located within the United States. Collette makes no representation that the products, services and/or material described on this Site are appropriate or available for use in locations outside the United States. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.
Certain areas of the Collette Site may permit you to submit feedback, information, data, text, photographs, graphics, video, messages, or other materials (each, a "User Submission"). By submitting a User Submission, you grant to Collette an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sublicensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that Collette deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service). Collette reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. Collette may, but is not obligated to, pre-screen User Submissions or monitor any area of the Collette Websites through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. Collette is not required to host, display, or distribute any User Submissions on or through the Collette Websites and may remove at any time or refuse any User Submissions for any reason. Collette is not responsible for any loss, theft, or damage of any kind to any User Submissions. Collette does not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that Collette will be free to disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient. Collette does not guarantee that you will have any recourse through Collette or any third party to edit or delete any User Submission you have submitted.
By submitting any User Submission, you represent and warrant that:
- you are at least 13 years old;
- you own all rights in your User Submissions or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to Collette the rights in your User Submissions described herein;
- you are the individual pictured and/or heard in your User Submissions or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your User Submissions to grant the rights to Collette described herein;
- your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal rights of any third party;
- any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
- your User Submission does not violate any Local, National or International Law;
- your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another's privacy;
- you were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
- your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own);
- your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
- your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
- your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
By using this website, you agree to indemnify and hold harmless Collette, its subsidiaries, affiliates, officers, agents, representatives and employees from any and all claims and expenses including reasonable attorney’s fees arising from your use of this site. These obligations shall survive any termination of your use of this site. Collette reserves the right to assume defense and control of any matter subject to indemnification by you, in which event you will cooperate with Collette in asserting any available defense.
Termination of Agreement
Collette reserves the right, in its sole discretion, to restrict, suspend or terminate this Agreement, your access to all or any part of this site or content, to terminate or suspend your account at any time and for any reason without prior notice.
Severability and Waiver
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of the Agreement, which shall remain in full force and effect. Failure of Collette to act on or enforce any provision of this Agreement shall not be construed as a waiver of this provision or any other provision of this Agreement.
This Agreement constitutes the entire Agreement between you and Collette. This Agreement will inure to the benefit of our successors, assigns, licensees and sublicensees.
These terms shall be governed and construed in accordance with the laws of the State of Rhode Island. You agree that any legal action or proceeding concerning the terms of this Agreement or the parties obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction in the State of Rhode Island.