MARTZ GROUP WORLD WIDE WEB USAGE AGREEMENT
AGREEMENT BETWEEN USER AND MARTZ GROUP ("Martz")
This Web site is offered to the user (the "User") conditioned on acceptance by the user without modification of the terms, conditions, and notices contained herein. By accessing and using this Web site, the User is deemed to have agreed to all such terms, conditions, and notices (the "Agreement").
USE OF INFORMATION
Any communications the User send to this Internet site or otherwise to Martz by electronic mail are on a non-confidential basis, and Martz is under no obligation to refrain from reproducing, publishing or otherwise using them in any way for any purpose. Martz shall be free to use the content of such electronic mail communications, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose, including the developing, manufacturing and or marketing of goods or services.
User agrees (as available) to send and receive electronic mail and otherwise use this Web site only as permitted by these terms and conditions, any additional policies or procedures published in this Web site from time to time by Martz, and applicable law.
PERSONAL AND NON-COMMERCIAL USE LIMITATIONS
This Web site is for the Users 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 Web site.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of Martz or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on this site is the exclusive property of Martz and protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print hard copy portions of this site for the sole purpose of placing a reservation with Martz or using this site as a travel resource. Any other use of this site, including reproduction for purposes other than those noted above, modification, distribution or republication, without the prior written permission of Martz, is strictly prohibited.
MARTZ MAKES NO REPRESENTAIONS OR WARRANTIES AS TO THE COMPLETENESS OR ACCURACY OF ANY OF THE INFORMATION CONTAINED ON THIS WEB SITE, AND MAKES NO COMMITMENT TO UPDATE SUCH INFORMATION.
THE MATERIALS AND INFORMATION ON THIS WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATION OF PRIVACY, OR NON-INFRINGEMENT. IN NO EVENT SHALL MARTZ AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE) ARISING OUR OF, OR IN ANY WAY CONNECTED WITH, THE USE OR INABILITY TO USE THIS WEB SITE OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH OR OTHERWISE IN CONNECTION WITH THIS WEB SITE, IN EACH CASE REGARDLESS OF WHETHER SUCH DAMAGES AS BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORIES OF LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO PORTIONS OF THE ABOVE EXCLUSIONS MAY NOT APPLY.
NO UNLAWFUL OR PROHIBITED USE
As a condition of use of this Web site, User warrants to Martz that User will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions and notices or by federal, state, local or international law.
Martz reserves the right to deny, in its sole discretion, any user access to this Web site or any portion thereof without notice.
This Web site may include links to other sites on the Internet that are owned and operated by third parties other than Martz. User acknowledges that Martz is not responsible for the availability of, or the content located on or through any external site. The User should contact the site administrator or Webmaster for those external sites if he/she has any concerns regarding such links to the context located on such external sites. Martzs inclusion of links to such sites does not imply any endorsement of the material on such sites or any association with their operators.
MODIFICATION OF THESE TERMS AND CONDITIONS
Martz reserves the right to change this Agreement at any time without notice. User is responsible for regularly reviewing these terms and conditions. Continued use of this Web site following any such changes shall constitute the Users acceptance of such changes.
This agreement shall be deemed to include all other notices, policies, disclaimer, and 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 Commonwealth of Pennsylvania, U.S.A. and shall be interpreted, and the rights and liabilities of the parties hereto determined in accordance with the law of the Commonwealth of Pennsylvania, 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 Luzerne, Pennsylvania, U.S.A. for the determination of any claim or controversy between the parties and arising out of or relating to this Agreement, for the Users use of this web site and/or Users purchase of travel related goods or services through this Web site. Both parties hereby consent to the jurisdiction of the Pennsylvania 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.
Martz performance of this Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Martzs right to comply with law enforcement requests or requirements relating to the Users use of this Web site or information provided to or gathered by Martz 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.
The User is prohibited from linking to this site from any other Web site and or from framing any materials on this site.
This Agreement constitutes the entire agreement between the User and Martz with respect to this Web site and it supersedes all prior or contemporaneous communications, whether electronic, oral or written, between the User and Martz with respect to this Web site. 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 elating 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 MARTZ TRAVEL RESERVATIONS
The travel reservation features of this Web site are 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 Martz, and for no other purposes. User warrants that he/she is at least 18 years of age and possess the legal authority to enter into this Agreement and to use this Web site in accordance with all terms and conditions herein. User agrees to be financially responsible for all of his/her use of this Web site (as well as for use of Users account by others, including without limitation, minors living with the User). User agrees to supervise all usage by minors of this Web site under his/her name or account. User also warrants that all information supplied by User or members of Users household in using the Web site is true and accurate. Without limitation, any speculative, false or fraudulent reservation or any reservation in anticipation of demand is prohibited. User agrees that the travel services reservations features of this Web site shall be used only to make legitimate reservations for purchases for User or for another person for whom the User is legally authorized to act. User understands that overuse or abuse of the travel services reservation features of this Web site may result in his/her being denied access to such features.
Separate terms and conditions will apply to Users reservation and purchase of all travel-related goods and services that user may select. User shall be completely responsible for all charges, fees, duties taxes and assessments arising out of his/her uses of this Web site.
As a condition of use of this Web site, the User agrees to indemnify Martz and its suppliers from and against all liabilities, expenses (including attorneys fees) and damages arising out of claims resulting from Users use of this Web site, including without limitations, any claims alleging resulting from Users use of this Web sits, including with limitation, any claims alleging facts that if true would constitute a breach by User of these terms and conditions.
EQUAL EMPLOYMENT OPPORTUNITY
The Martz Group provides equal employment opportunities to all employees and applicants for employment without regard to race, color, religion,sex, national origin, age, disability,or status as a Vietnam-era or special disabled veteran in accordance with applicable federal laws. In addition, the MartzGroup complies with applicable state and local laws governing non discrimination in employment in every location in which the Martz Group has facilities. This policy applies to all terms and concitions of employment, including, but not limited to, hiring, placement, promotion, termination, layoff, recall, transfer, leave of absence, compensation, and training.