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User Agreement

 

User Agreement

This User Agreement ("Agreement") describes the terms and conditions applicable to a participant's (herein "you" or "your") use of this Web Site (the "Site") made available by Sabre Inc. (herein "Sabre", "us", "we" or "our"). By clicking the "AGREE" button below, you acknowledge your acceptance of this Agreement and your agreement to be bound by the terms and conditions contained herein. You further represent and warrant that you have all necessary authority to enter into this User Agreement and to access and use the Site on behalf of your employer and to bind your employer to the terms of this Agreement. If you do not accept this Agreement, you are not authorized to access or use the Services or the Tool. This Agreement may be modified at any time upon posting of the modified Agreement and any such modifications shall become effective immediately upon positing. By your use of the Site, you agree to periodically review this Agreement and shall continue to be bound by this Agreement, as modified.

  1. License. Sabre will provide you with a personal, limited, nonexclusive, non-transferable license to access and use the resources, product information, messages, handbooks, tools, reports and services (collectively, the "Services") provided on the Site in accordance with the terms and conditions of this Agreement. This Site and the Services are the copyrighted property of Sabre and/or its various third party providers. None of the content or data found on this Site may be reproduced, displayed, sold, transferred, or modified without the express written permission of Sabre.
     
  2. Use Restrictions. Unless otherwise specified, you may only use this Site for legitimate business purposes on behalf of your employer. You will not use any robot, spider or other automated device ("Automated Device") to access or use the Site in any way. You will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Site without our prior express written permission. You agree not to "frame" or "mirror" any content or information contained on or accessible from the Site on any other server or Internet-based device without our advance written authorization. You further warrant and agree that, while using the Site you shall not upload, post or transmit to or distribute or otherwise publish through the Site any materials which: (a) are unlawful, threatening, harassing or profane, (b) restrict or inhibit any other user from using and enjoying the Site, (c) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (d) contain a virus or other harmful components, advertising of any kind, or false or misleading indications of origin or statements of fact. You also warrant and agree that you will not post or transmit (i) any bulk e-mails, advertisements, solicitations, offers for sale of goods or services, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as other wise expressly permitted herein), or (ii) engage in spamming or flooding. We reserve the right, in addition to all other remedies and rights under this Agreement, to immediately suspend your use of this Site for any improper or unauthorized use of the Site.
     
  3. Passwords. If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as required by the applicable registration form. You may also be required to provide or use a password and a user name. You are responsible for maintaining the confidentiality of your password(s) and account. Furthermore, you are responsible for any and all activities that occur under your password(s) or accounts. You will notify us immediately of any unauthorized use of your account or a breach of security. We are not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Sabre or another party due to someone else using your account or passwords. The number of your users may be restricted by Sabre.
     
  4. Modification to Services/Tool. We reserve the right, for any reason, in our sole discretion, to terminate, change, upgrade or suspend any aspect or portion of the Site, including, but not limited to, content, features, functions or hours of availability. Sabre may impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.
     
  5. Termination. If you breach any term or condition of this Agreement, or if we believe that your actions may cause legal liability for you, our users or us, we may immediately issue a warning, temporarily or indefinitely suspend your ability to use the Site, or terminate this Agreement. Whatever actions we decide to take will not limit us in pursuing any other legal or equitable remedies available to us. Upon termination of this Agreement for any reason, you will cease access and use of the Site.
     
  6. Indemnification. You will, at your expense, indemnify, defend and hold us and our employees, agents, successors, directors, officers, subsidiaries, affiliates, and assigns harmless from any suits, losses, claims, demands, liabilities, costs and expenses (including attorneys' fees) threatened, brought or made by any third party due to or arising out of (i) your use of the Services or the Site, (ii) your failure to comply with any applicable laws and regulations, and (iii) your breach of this Agreement. We will provide you with prompt written notice of any such claim, allow you to control the defense and settlement of such claim, and will provide you with proper and full information and assistance at your expense to settle and/or defend any such claim. You agree not to settle any action, claim or demand on our behalf without our prior written consent. We will have the right to participate in the defense and hire counsel of or choice.
     
  7. Disclaimer or Warranties. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN "AS IS" BASIS. SABRE AND ANY THIRD PARTY PROVIDERS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE. SABRE AND ANY THIRD PARTY PROVIDERS DO NOT WARRANT (I) THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR (III) ANY ERRORS IN THE SITE WILL BE CORRECTED. WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
     
  8. Limitation of Liability. IN NO EVENT SHALL SABRE BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, LOSS OF SALES, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL, OR LOSS OF ANTICIPATED OR LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES AND/OR THE SITE. SABRE'S TOTAL AGGREGATE LIABILITY TO YOU ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). YOU ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT WE ARE GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
     
  9. Assignment. You may not assign this Agreement or any of your rights or obligations under it without our prior written consent. Any attempted assignment without our consent will be void. This Agreement and the rights and obligations of each of us under it will be binding on our respective successors and permitted assigns.
     
  10. Relationship. The relationship between Sabre and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
     
  11. Entire Agreement. This Agreement constitutes the entire agreement between us with respect to the Services and the Site and supersedes all prior agreements between us. No oral statements, promises or agreements will alter the terms of this Agreement. If any provision of this Agreement is held unenforceable, the unenforceable provision will be construed in accordance with applicable law as nearly as possible to reflect our mutual original intent, and all other provisions will remain in full force and effect.
     
  12. Governing Law. This Agreement and its performance shall be governed by the laws of the State of Texas, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Tarrant or Dallas County, Texas, in all questions and controversies arising out of your use of the Site and this Agreement. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of the Site and/or Services must be brought within two (2) years from the date on which such claim or action arose or accrued.
 
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