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Travel and Transport New England

Terms of Use

The Travel and Transport New England Travel Web Site (the "Web Site") is an online information and communications service provided by Travel and Transport New England, Inc. ("Travel and Transport New England"), subject to your compliance with the terms and conditions set forth below (the "Agreement"). Please read this document carefully before accessing or using the Web Site. By accessing or using the Web Site, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the Web Site. Travel and Transport New England may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the Web Site shall be deemed your conclusive acceptance of the modified Agreement.


Section 1. Use of Material.

Travel and Transport New England authorizes you to view and download a single copy of the material on this Web Site solely for your personal, noncommercial use. Special rules may apply to the use of certain items or services available through the Web Site. Any such special rules are listed as "Legal Notices"on this Web Site and are incorporated into this Agreement by reference. The contents of this Web Site, such as text, graphics, images and other material ("Material"), are protected by copyright under both United States and foreign laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material and on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited. If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.


Section 2. Limitation on Liability.

The Material may contain inaccuracies or typographical errors. Travel and Transport New England makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Web Site and the Material. The use of the Web Site and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time. TRAVEL AND TRANSPORT NEW ENGLAND DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, TRAVEL AND TRANSPORT NEW ENGLAND IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TRAVEL AND TRANSPORT NEW ENGLAND AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND ANY EXPECTATION OF PRIVACY. TRAVEL AND TRANSPORT NEW ENGLAND AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.


Section 3. Disclaimer.

IN NO EVENT SHALL TRAVEL AND TRANSPORT NEW ENGLAND, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS WEB SITE BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR SAVINGS), WHETHER BASED IN WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS WEB SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS WEB SITE FOR RESERVATIONS OR TICKETING) OR INTERRUPTION OF USE OR CORRUPTION OF DATA, (III) THE PERFORMANCE OR NON PERFORMANCE BY TRAVEL AND TRANSPORT NEW ENGLAND, ITS SUPPLIERS, OR ANY THIRD PARTY PROVIDER, OR (IV) ANY MATTER BEYOND THE REASONABLE CONTROL OF TRAVEL AND TRANSPORT NEW ENGLAND, ITS SUPPLIERS AND THIRD PARTY PROVIDERS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, the liability of Travel and Transport New England, its suppliers and third party providers is limited to the greatest extent permitted by law.


Section 4. User Submissions.

Generally, any communication which you post to the Web Site is considered to be non-confidential. If particular Web pages permit the submission of communications which will be treated by Travel and Transport New England as confidential, that fact will be stated in "Legal Notices" on those pages. By posting communications to the Web Site, you automatically grant Travel and Transport New England a royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees. As a User, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: Post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another User or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person. Travel and Transport New England is a distributor (and not a publisher) of content supplied by third parties and Users of the Web Site. Accordingly, Travel and Transport New England has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and Users, are those of the respective author(s) or distributor(s) and not of Travel and Transport New England. In many instances, the content available through the Web Site represents the opinions and judgments of the respective information provider or user. Travel and Transport New England neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Web Site by anyone other than authorized Travel and Transport New England employee spokespersons while acting in their official capacities. Travel and Transport New England does not screen communications in advance and is not responsible for screening or monitoring material posted by Users. Travel and Transport New England shall have the right, but not the obligation, to monitor the content of the Web Site to determine compliance with these conditions of use and any operating rules established by Travel and Transport New England and to satisfy any law, regulation or authorized government request. Travel and Transport New England shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Web Site. Travel and Transport New England has no liability or responsibility to Users for performance or nonperformance of such activities. Travel and Transport New England reserves the right to expel Users and prevent their further access to the Web Site for violating this Agreement or the law and the right to remove communications which are abusive, illegal, or disruptive.


Section 5. Links to Other Sites.

The Web Site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Travel and Transport New England of the contents, products or services on such third-party web sites. Travel and Transport New England is not responsible for the content of linked third-party web sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third-party web sites, you do so at your own risk.


Section 6. Indemnity.

You agree to defend, indemnify, and hold harmless Travel and Transport New England, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of this Agreement. Travel and Transport New England shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.


Section 7. User Information.

Except as expressly set forth in a particular "Legal Notice," Travel and Transport New England may use the information it obtains relating to you, including your IP address, name, mailing address, e-mail address and use of the Web Site, for its internal business and marketing purposes and may disclose the information to third parties for such purposes.


Section 8. General.

This Web Site is based in Peabody, Massachusetts. Travel and Transport New England makes no claims the Materials are appropriate or may be downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of the State of Massachusetts, without respect to its conflict of laws principles. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice" or material on particular Web pages, this Agreement constitutes the entire Agreement between you and Travel and Transport New England with respect to the use of Web Site. Except as expressly set forth in Legal Notices applicable to specific portions of the Web Site, no alteration of any term of this Agreement shall be binding upon Travel and Transport New England unless made in writing and signed by an authorized representative of Travel and Transport New England.


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