TERMS OF USE
CALCOTRAVEL.COM
1. LAWS AND REGULATIONS: User access to and use of the Site is subject to all applicable international, federal, state and local laws and regulations.
2.COPYRIGHT/TRADEMARKS: All material on the Site including without limitation all informational text, photographs, illustrations, artwork, software, music, sound, photographs, graphics, audio, video, messages, files, documents, images or other materials (collectively, the “Content”), whether publicly posted or privately transmitted, as well as all derivative works, is owned by Calco Travel Corp. or other parties that have licensed their material to CALCO TRAVEL and is protected by copyright, trademark and other intellectual property laws. CALCO TRAVEL disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than its own. Trademarks, logos, images and service marks (“Marks”) displayed on the Site are the property of CALCO TRAVEL and other parties. You agree not to display or use the Marks without CALCO TRAVEL's written permission.
The Content on the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by E-mail or other electronic means. Without the prior written consent of CALCO TRAVEL, any modification of the Content, use of the Content on any web site or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use could constitute a violation of the copyright, trademark, and other proprietary rights in the Content and is expressly prohibited. Users are further prohibited from using any Marks for any purpose including, but not limited to use as meta tags on other pages or sites on the World Wide Web without the written permission of CALCO TRAVEL or such third party which may own the Marks.
3. NO WARRANTIES: ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A “LINKED SITE”) ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OF IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR ACCURACY. CALCO TRAVEL DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPTION, ADVICE OR STATEMENT MADE THROUGH THE SITE OR A LINKED SITE BY ANY PARTY OTHER THAN CALCO TRAVEL, OR (B) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL CALCO TRAVEL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONAL, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
4. LIMITATION OF LIABILITY FOR USE OF THE SITE AND LINKED SITES: THE INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTIONS OF SERVICES PUBLISHED ON THE SITE OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND CALCO TRAVEL SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON THE SITE AND LINKED SITES. CALCO TRAVEL MAY MAKE IMPROVEMENTS OR CHANGES TO THE SITE AT ANY TIME.
YOU AGREE THAT CALCO TRAVEL, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OR PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE SITE OR A LINKED SITE, EVEN IF CALCO TRAVEL IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OF ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATION ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. CALCO TRAVEL CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEB SITE.
5. LIMITATION OF LIABILITY FOR SERVICES ARRANGED THROUGH THE SITE: YOU AGREE THAT CALCO TRAVEL IS ACTING AS A PORTAL FOR PROVIDERS OF SERVICES AVAILABLE THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO TRAVEL SERVICES. ANY AND ALL CLAIMS REGARDING ANY FAILURE OR BREACH WITH RESPECT TO THE SERVICES OFFERED THROUGH THE PORTAL SITE ARE LIMITED TO SUCH SERVICE PROVIDERS. CALCO TRAVEL HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY CARRIER OR OTHER SUPPLIER THROUGH THE SITE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH CARRIER OR SUPPLIER AND YOU HEREBY EXONERATE CALCO TRAVEL FROM ANY LIABILITY WITH RESPECT TO THE SAME.
6. CONFIDENTIALITY OF USER COMMUNICATIONS: Except as required by law and in accordance with the CALCO TRAVEL Internet Privacy Statement, . CALCO TRAVEL will maintain the confidentiality of all user communications which contain personal user information and which are transmitted directly to CALCO TRAVEL. Postings by a user on any message board or in any chat room will not be protected as confidential and CALCO TRAVEL may use and provide information contained in any such postings (including any ideas, concepts, know-how or other intellectual property) to any of its parent company, subsidiaries and affiliates for any purpose whatsoever and as deemed appropriate by CALCO TRAVEL. You should be aware that Linked Sites may contain confidentiality provisions that differ from the provisions provided herein. CALCO TRAVEL encourages You to read and understand the terms of such Linked Sites’ confidentiality provisions. CALCO TRAVEL is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
7. LINKED INTERNET SITES: CALCO TRAVEL prohibits caching, unauthorized hypertext links to the Site and the framing of any CALCO TRAVEL content available through the site. CALCO TRAVEL reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the content available on any other Internet sites linked to the Site. Access to any other Internet sites linked to the Site is at the Your own risk.
8. POSTINGS: CALCO TRAVEL is under no obligation to review any messages, information or Content (“Postings”) posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, CALCO TRAVEL may from time to time monitor the Postings on the Site and may decline to accept and/or remove any Postings that contain:
$ Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law;$ Advertisements or solicitations of any kind; [Note - This is not applicable for those Sites with message boards containing classified advertisements.]
$ Messages posted by users impersonating others;
$ Messages that offer unauthorized downloads of any copyrighted or private information;
$ Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references;
$ Messages by non-spokesperson employees of CALCO TRAVEL purporting to speak on behalf of CALCO TRAVEL or containing confidential information or expressing options concerning CALCO TRAVEL;
$ Multiple messages placed within individual folders by the same user restating the same point; and
$ Chain letters of any kind .
All Postings, whether in a chat room, on message boards or other method of communication within the forums will generally be available to and freely accessible by other users of the CALCO TRAVEL forums. Therefore, users should not expect that any information they post will be kept private or confidential and are encouraged to exercise discretion when using that CALCO TRAVEL forums. Additionally, Your member name will always be posted in conjunction with Your post in the CALCO TRAVEL forums.
9.INDEMNITY:You agree to indemnify and hold CALCO TRAVEL, its parent, subsidiaries, affiliates, officers, directors, employees, agent, licensees, co-branders or other partners, harmless from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from or related to Your use of the Site, the Content or other materials.
10.TRANSMISSION OF PERSONAL DATA: [For use in connection with Sites through which proprietary Customer data may be transmitted.] User acknowledges and agrees that by providing CALCO TRAVEL with any personal proprietary user information through the Site, user consents to the transmission of such personal or proprietary user information over international borders as necessary for processing in accordance with CALCO TRAVEL’s standard business practices.
User should be aware that Linked Sites may contain transmission of personal data provisions that differ from the provisions herein. CALCO TRAVEL encourages You to read and understand the terms of the privacy policies for such Linked Sites as more fully set forth above in Section 7.11.COOKIES: CALCO TRAVEL reserves the right to store information on a user’s computer in the form of a “cookie” or similar file for purposes of modifying the Site to reflect users’ preferences. The CALCO TRAVEL Internet Privacy Statement provides additional information regarding CALCO TRAVEL’s use of cookies as well as procedures for disabling cookies.
12.CHANGES TO RULES AND REGULATIONS: CALCO TRAVEL reserves the right to revise these Rules and Regulations at any time and users are deemed to be apprised of and bound by any changes to these Rules and Regulations.
13.VIOLATIONS OF RULES AND REGULATIONS: CALCO TRAVEL reserves the right to seek all remedies available at law and in equity for violations of these Rules and Regulations, including the right to block access from a particular Internet address to the Site.
14.ACCESS TO PASSWORD PROTECTED/SECURE AREAS: Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
15.JURISDICTION AND GOVERNING LAW:
[For United States based sites only]
This Agreement is governed by the laws of the state of Louisiana, U.S.A. User consents to the exclusive jurisdiction and venue of courts in Ascension Parish, Louisiana, U.S.A in all disputes arising out of or relating to the use of this Site. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of the Rules and Regulations, including without limitation this paragraph.16.DIGITAL MILLENNIUM COPYRIGHT ACT – NOTIFICATION TO CALCO TRAVEL REGARDING ALLEGED COPYRIGHT INFRINGEMENT: CALCO TRAVEL has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “Act”) and avails itself of the protections under the Act. CALCO TRAVEL reserves the right to remove any Content on the Site which allegedly infringes another person’s copyright. Notices to CALCO TRAVEL regarding any alleged copyright infringement on the Site should be directed to CALCO TRAVEL’s Marketing Department.
17 SAFE HARBOR STATEMENT UNDER THE PRIVATE SECURITIES AND LITIGATION REFORM ACT OF 1995:The statements contained on this website which are not historical facts, such as those concerning future performance, are forward-looking statements that are subject to known and unknown risks and uncertainties that may cause actual results to differ materially from those expressed or implied by such forward-looking statements and should be read in conjunction with the company’s filings with the SEC.