December 14, 2010

Ownership of Site and Agreement to Terms of Use

This website is operated by BrilliantTrips LLC (“BrilliantTrips”), from our office located at 89 Front Street in Marblehead, Massachusetts. The Site is the property of BrilliantTrips LLC (“BrilliantTrips”).

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

BrilliantTrips reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, BrilliantTrips grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

CONTENT

All text, graphics, interfaces, photographs, trademarks, logos, artwork and computer code (collectively, “Content”), including, but not limited to, the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or used with permission by or granted to BrilliantTrips, and is protected by copyright and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without BrilliantTrips’ express prior written consent.

USE OF THE SITE

You may not use any “page-scrape”, “robot”, “spider” or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. BrilliantTrips reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion of the Site, or any other systems or networks connected to the Site or to any BrilliantTrips’ server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or BrilliantTrips’ systems or networks, or any systems or networks connected to the Site or to BrilliantTrips.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to BrilliantTrips on or through the Site or any service offered on or through the Site.

You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of BrilliantTrips or others.

LINKS TO OTHER SITES AND TO THE BRILLIANTTRIPS SITE

This Site may contain links to other independent third-party web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under BrilliantTrips’ control, and BrilliantTrips is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

DISCLAIMERS

BRILLIANTTRIPS DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. BRILLIANTTRIPS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. BRILLIANTTRIPS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY BRILLIANTTRIPS SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST BRILLIANTTRIPS FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

BrilliantTrips reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

LIMITATION OF LIABILITY

Except where prohibited by law, in no event will BrilliantTrips be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if BrilliantTrips has been advised of the possibility of such damages.

INDEMNITY

You agree to indemnify and hold BrilliantTrips, its officers, successors in interest, employees, agents, and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against BrilliantTrips by any third party due to or arising out of or in connection with your use of the Site.

VIOLATION OF TERMS OF USE

BrilliantTrips may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) BrilliantTrips’ rights or property, or the rights or property of visitors to or users of the Site, including BrilliantTrips’ customers. BrilliantTrips reserves the right at all times to disclose any information that BrilliantTrips deems necessary to comply with any applicable law, regulation, legal process or governmental request. BrilliantTrips also may disclose your information when BrilliantTrips determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that BrilliantTrips preserve any transmittal or communication by you with BrilliantTrips through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or BrilliantTrips determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of BrilliantTrips, its employees, users of or visitors to the Site, and the public.

You agree that BrilliantTrips may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to BrilliantTrips, for which monetary damages would be inadequate, and you consent to BrilliantTrips obtaining any injunctive or equitable relief that BrilliantTrips deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies BrilliantTrips may have at law or in equity.

You agree that BrilliantTrips may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If BrilliantTrips does take any legal action against you as a result of your violation of these Terms of Use, BrilliantTrips will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to BrilliantTrips. You agree that BrilliantTrips will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

FORCE MAJEURE

BrilliantTrips shall not be liable for the failure to perform any of its obligations under these Terms of Use if such failure is caused by the occurrence of any force majeure event beyond the reasonable control of BrilliantTrips, including without limitation, fire, flood, strikes and other industrial disturbances, failure of raw material suppliers, failure of transport, accidents, wars, riots, insurrections, acts of God, acts of terrorism or orders of governmental agencies.

GOVERNING LAW; DISPUTE RESOLUTION

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the Commonwealth of Massachusetts without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Essex County, Massachusetts, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between BrilliantTrips and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

PRICING & AVAILABILITY

All products and services are subject to availability. All prices appearing in our printed matter or web site are subject to change without prior notice. All bookings are subject to confirmation and acceptance by BrilliantTrips.

TRAVEL SUPPLIERS

BrilliantTrips provides travel related services provided by third party travel suppliers. We have no control over these travel suppliers or their actions. We are not responsible for, or liable for, breach of contract or any intentional or negligent action on the part of our travel service suppliers. Separate terms and conditions apply to your trip as required by these travel service suppliers.

CANCELLATION OR MODIFICATION BY THE SUPPLIER

Every effort will be made to operate all trips as advertised, but it must be remembered that trips are planned up to twelve months in advance. Suppliers, therefore, reserve the right, at their discretion, to modify or cancel any trip, flight schedule, accommodation or arrangement at any time outside six weeks before departure. We will notify you as soon as possible of any changes and, if you accept them, they form part of the contract. In the case of any material modification or cancellation, the supplier will, if possible, offer alternate arrangements, or if these are not acceptable, a full refund of the monies paid for your trip by the supplier.

You also agree to indemnify us against all third-party actions taken against us for actions, accidents or damages caused by you arising from your participation in the trip. In the event of you making a claim against us for services rendered by a supplier, you agree to sign over to us, any rights to take action against the supplier or any other person or party that you have the complaint against and co-operate fully with us should we or our Insurers wish to enforce those rights which have been assigned to us.