Funjet Vacations Site User Agreement
Terms of Site Use
Funjet.com is intended exclusively for your personal and noncommercial use. The content and data (including information relating to the pricing and availability of travel), as well as the website infrastructure used to provide such content and information, is proprietary to Funjet Vacations. As a condition of using Funjet.com, you agree not to use its contents or information for any commercial or non-personal purpose. Unless otherwise agree upon, in writing, by Funjet Vacations, you may not commit any of the following acts either directly or indirectly:
- Use any automatic device or manual process to copy or monitor content of the site without prior written consent
- Use Funjet.com to make illegitimate or illegal reservations or purchases
- Use or access Funjet.com in any way that, in the opinion of Funjet Vacations, has a negative affect on the performance or function of the site, or any other computer systems or networks used by Funjet Vacations
- Attempt to upload or transmit to Funjet.com or use any device, software or routine that contains malicious computer programming routines that are intended to damage, interfere or attempt to interfere with, intercept, the normal operation of Funjet.com, or take any action that imposes an unreasonable load on our computer equipment.
My Funjet Club User ID and Password
Access to select parts of Funjet.com is only available to registered users of the site. To become registered for My Funjet Club, you are required to answer a limited number of mandatory questions. At times, there are additional questions, answers to those questions is optional. By submitting information, you guarantee that all information you supply to us is true and accurate.
Funjet Vacations, at our sole discretion, may terminate or restrict your access to all or any component of Funjet.com at any time, regardless of if access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of Funjet.com. If you continue to access the Site after such termination, your use shall constitute an act of trespass.
Any cosmetic or functional part of Funjet.com may be changed, supplemented, deleted, updated, discontinued, suspended, or modified at any time, and without prior notice to you.
Privacy and Security
Intellectual Property Rights
All material contained on the Funjet.com Site, unless otherwise indicated, is protected by law including, but not limited to, copyright and trademark law, as well as other state, national, and international laws and regulations. User acknowledges that all right, title and interest in and to the Funjet.com Site and any and all intellectual property rights associated therewith are exclusively owned by Funjet. User will not contest the validity of any trademark or Funjet's exclusive ownership of it.
Any re-use on your web site(s) of copyrighted images, logos and marketing text must include notices in the following form:
A. "Funjet Vacations" & logo is a registered trademark of The Mark Travel Corporation. Permission granted only for use on this web site.
B. For marketing text: Copyright © year (e.g., 2004) Funjet Vacations. All Rights Reserved.
User assumes the sole risk of making use of and/or relying on the information or services, made available by Funjet. Funjet makes no representations about the suitability, completeness, timeliness, reliability, or accuracy of the information or services described or provided by the Funjet.com Site for any purpose. Funjet does not warrant that the Funjet.com Site will meet all of User’s requirements or that performance of the Funjet.com Site will be uninterrupted or error-free including any errors or omissions in the results obtained through use of the Funjet.com Site. All such information or services are provided “as is” without warranty of any kind, including all implied warranties and conditions or merchantability, fitness for a particular purpose, title, and non-infringement.
Funjet may make modifications and/or changes to the Funjet.com Site at any time, for any reason.
In no event shall Funjet be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of the Funjet.com Site or with the delay or inability to use the Funjet.com Site, or for any information or services offered or available (or not available) through the Funjet.com Site, or otherwise arising out of the utilization of the Funjet.com Site, whether based in contract, tort, strict liability, or otherwise, even if Funjet has been advised of the possibility of damages.
In the event that the foregoing limitations are not enforceable, Funjet’s liability incurred in connection with this agreement shall not exceed the amount of payments received by Funjet from User.
User shall defend, hold harmless and indemnify Funjet for any damages awarded pursuant to any third party claim brought against Funjet and its affiliates and all of their directors, officers, employees, secondees, legal representatives, contractors, and agents (collectively “Indemnified Parties”), which would constitute a breach of any warranty, representation or covenant made by User under this Agreement; provided that the Indemnified Parties notifies User in writing of any such claim and tenders the control of the defense and settlement of any such claim to User at User’s expense and with User’s choice of counsel. The Indemnified Parties shall cooperate with User, at User’s expense, in defending or settling such claim. User will not enter into any settlement or compromise of any such claim without the Indemnified Parties’ prior consent, which shall not be unreasonably withheld.
This Agreement has been made in and will be construed and enforced in accordance with Wisconsin law. Any action will be brought in the courts of Wisconsin, and all parties to this Agreement expressly agree to be subject to the jurisdiction of such courts.
Failure to insist on strict performance of any of the terms and conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by Funjet of any right under these terms and conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these terms and conditions shall continue in effect.
Relationship Between the Parties
No joint venture, partnership, employment, franchise, or agency relationship exists between User and Funjet as a result of this Agreement or User’s utilization of the Funjet.com Site.
This agreement represents the entire agreement between User and Funjet with respect the use of the Funjet.com Site. Any rights not expressly granted herein are reserved.
User may not assign its rights or delegate its obligations under this Agreement without Funjet’s prior written consent.
Any notice or other communication hereunder shall be in writing and shall be deemed given and effective (i) when delivered personally, or by overnight express, or (ii) five (5) business days after the postmark date if mailed by certified or registered mail, postage prepaid, return receipt requested, addressed to a party as follows, or to such other address as such party may designate by written notice to the other party in accordance with the provisions of this section.
If to Company, the notice shall be addressed to:
8907 North Port Washington Road
Milwaukee, Wisconsin 53217
Attention: General Counsel