PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THIS SITE. Your use of this Web site (the “Site”) is expressly conditioned on your acceptance of the following terms and conditions. By using this Site, you signify your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use this Site.
1. OWNERSHIP. This Site, and each of its modules and additional service offerings with the Site, together with the arrangement and compilation of the content found on this Site, is the copyrighted property of XCLUSIVE HOSPITALITY LLC or its various third party providers and distributors of services and offerings. In addition, the trademarks, logos and service marks displayed on this Site (collectively, the "Trademarks") are registered and common law Trademarks of XCLUSIVE HOSPITALITY LLC, its affiliates, and various third parties. Nothing contained on this Site should be construed as granting, by implication or otherwise, any license or right to use any of the Trademarks without the written permission of XCLUSIVE HOSPITALITY LLC, or such other party that may own the Trademarks.
2. USE OF SITE. XCLUSIVE HOSPITALITY LLC grants you a limited, non-transferable license to use this Site in accordance with the terms and conditions of this User Agreement. You may only use this Site to refer XCLUSIVE HOSPITALITY LLC business services and offerings or, if you are a registered XCLUSIVE HOSPITALITY LLC. customer, utilize the Site to purchase reservations, make donations, access discounts all in a password protected platform. Each user must access exclusively with their provided username and registered password. Sharing of password or sharing and providing a non registered member access is illegal and not permitted. Member and/or User agrees it shall not use this Site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchases. This Site and the content provided in this Site, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of XCLUSIVE HOSPITALITY LLC, and/or its third party providers, affiliates and distributors. You shall not use or authorize or permit any third party to use on your behalf any "robot," "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this Site, in any case without the prior written permission of XCLUSIVE HOSPITALITY LLC. You shall not utilize any software, application, or algorithm, whether integrated in a browser or otherwise, that modifies or adds content to the layout, design, or content of any XCLUSIVE HOSPITALITY LLC Web pages or software solutions. You agree that you will not transmit or otherwise transfer any Web pages, data or content found on this Site to any other computer, server, Web site, or other medium for mass distribution or for use in any commercial enterprise. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this Site. You agree that you will not take any action that imposes a burden or load on our infrastructure that XCLUSIVE HOSPITALITY LLC deems in its sole discretion to be unreasonable or disproportionate to the benefits XCLUSIVE HOSPITALITY LLC obtains from your use of the Site. Unauthorized use of this Site and/or the materials contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other Web site or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. XCLUSIVE HOSPITALITY LLC utilizes proprietary technology to calculate the estimated savings and estimated savings for donations. Estimated savings are simply that Estimations. The savings are calculated by utilizing proprietary comparative technology & proprietary algorithms to calculate the estimated savings shown in the users accounts. XCLUSIVE HOSPITALITY LLC is not liable for any discrepancies in regards to savings and does not price match should the user find a better rate. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this Site. Notwithstanding the foregoing, if you have been notified by XCLUSIVE HOSPITALITY LLC that you are prohibited from using the Site, then you have no license to use the Site and any access by you or on your behalf shall be unauthorized and unlawful. XCLUSIVE HOSPITALITY LLC may provide notice under this or any other section of this agreement via an email sent to the email address contained in your user profile(s) or otherwise used to request information or purchase services through the XCLUSIVE Members Services/affiliates sections and offerings. XCLUSIVE HOSPITALITY LLC is not responsible for your account or personal information entered directly on this Site or via one of the XCLUSIVE HOSPITALITY LLC affiliate Service sites. You agree to safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you.
3. AGE AND RESPONSIBILITY. If you access the Site anonymously, you may do so as a visitor and will not be required to create a user name. However, in order to access certain services on the Site, you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. You are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your account or password. You represent that you are of sufficient legal age to use this Site and to create binding legal obligations for any liability you may incur as a result of the use of this Site. You understand that you are financially responsible for all uses of this Site by you and those using your login information. We may suspend or terminate your user name and password at any time with or without notice. XCLUSIVE HOSPITALITY LLC has no fiduciary responsibility for any donations you make through the customized travel center powered by XCLUSIVE HOSPITALITY LLC on behalf of your charitable organization. All donations are between the user and the organization to which the donation is being made. If you have any questions regarding your donation please contact the charitable organization to whom you donated.
4. DONATIONS. Please note when you are making a donation directly to Prayers From Maria, a public charity pursuant to Internal Revenue Code 501(c)3), and your information is being processed in the United States. As a donor, your demographic information will be added to our donor databases and be subject to PFM’s policies. Please click here to learn more about their privacy policies, personal information FAQ’s and other information. 100% of donations from savings and/or direct gift from member made through Travel for the Cause platform are made directly to Prayers From Maria. For program related questions, please contact Prayers From Maria Donor Relations & Services.
By Mail: Prayers From Maria
Attn: Donor Relations & Services
P.O. Box 40064
Bay Village, OH 44140
5. PRIVACY. You have read the XCLUSIVE HOSPITALITY LLC Privacy Policies, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of your personal information by XCLUSIVE HOSPITALITY LLC and its third party providers, affiliates and distributors in accordance with the terms of and for the purposes set forth in the XCLUSIVE HOSPITALITY LLC Privacy Policies.
6. REVIEW OF TRANSMISSIONS; SUBMITTED CONTENT. XCLUSIVE HOSPITALITY LLC shall have the right (but not the obligation) to, from time to time monitor and review any information transmitted or received through this Site and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that XCLUSIVE HOSPITALITY LLC deems inappropriate or in violation of these terms and conditions. These terms and conditions apply to any journals, recommendations, opinions, news articles, directories, guides, text, photographs, illustrations, graphics, logos, audio clips and images, information, data, photographs, software, messages, ideas, comments, questions, or other materials received by XCLUSIVE HOSPITALITY LLC from you (collectively "Submitted Content"). During monitoring, the Submitted Content may be examined, recorded or copied, and your use of this Site constitutes your consent to such monitoring and review. You agree that you are responsible for the Submitted Content, and XCLUSIVE HOSPITALITY LLC disclaims any responsibility and assumes no liability with respect to Submitted Content. By providing Submitted Content, you warrant that: (a) you are the owner of such Submitted Content, or have been granted all the rights necessary from the owner thereof to provide such Submitted Content to XCLUSIVE HOSPITALITY LLC and for the use by XCLUSIVE HOSPITALITY LLC and its affiliates as stated herein, and (b) the use of such Submitted Content by XCLUSIVE HOSPITALITY LLC will not infringe the intellectual property rights of or otherwise violate the rights of any third party. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right or any other harm resulting from your use of the Site. You agree that if you provide Submitted Content, you grant XCLUSIVE HOSPITALITY LLC and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, perform, transfer, or sell such Submitted Content in any form, media or technology for any purpose whatsoever, including, without limitation, a commercial purpose, without any compensation to you. You agree that you will not publish, submit, provide, or display such Submitted Content to or on any other commercial, travel services -related web-site or on-line service without XCLUSIVE HOSPITALITY LLC prior written consent, which consent may be withheld by XCLUSIVE HOSPITALITY LLC in its discretion. Consent may be requested by sending an e-mail to [email protected] You agree that XCLUSIVE HOSPITALITY LLC may choose to provide attribution of Submitted Content provided by you, at our discretion, and that such Submitted Content may be shared with our supplier affiliates, customers and other third parties.
7. EXCLUSION OF WARRANTY. XCLUSIVE HOSPITALITY LLC AND ANY THIRD PARTY PROVIDERS, AFFILIATES AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. XCLUSIVE HOSPITALITY LLC AND ANY THIRD PARTY PROVIDERS, AFFILIATES AND DISTRIBUTORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER XCLUSIVE HOSPITALITY LLC NOR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM XCLUSIVE HOSPITALITY LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM STATE TO STATE.
8. LIMITATION OF LIABILITY. XCLUSIVE HOSPITALITY LLC ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT SHALL XCLUSIVE HOSPITALITY LLC OR ANY THIRD PARTY PROVIDERS, AFFILIATES OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS 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 SITE FOR RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY XCLUSIVE HOSPITALITY LLC OR ANY THIRD PARTY PROVIDERS, AFFILIATES OR DISTRIBUTORS, INCLUDING, BUT NOT LIMITED TO, NON PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
THE CARRIERS, HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL-RELATED SERVICES WITHIN THE XCLUSIVE HOSPITALITY LLC MEMBER TRAVEL SECTION OR OTHER SERVICES ON THIS SITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF XCLUSIVE HOSPITALITY LLC. XCLUSIVE HOSPITALITY LLC IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. XCLUSIVE HOSPITALITY LLC SHALL HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND SHALL HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY. BY OFFERING FOR SALE SERVICES, INCLUDING WITHOUT LIMITATION LEGAL DOCUMENT SERVICES, TRAVEL AND OTHER APPLICABLE SERVICE OFFERINGS, TO ITS USERS. IN ADDITION, XCLUSIVE HOSPITALITY LLC., ITS AFFILIATES AND THIRD PARTY PROVIDERS EXPRESSLY RESERVE THE RIGHT TO CORRECT ANY PRICING ERRORS (INCLUDING, WITHOUT LIMITATION, TYPOGRAPHICAL OR DISPLAY ERRORS, INCORRECT SUPPLIER INFORMATION, AND CURRENCY CONVERSION MISCALCULATIONS) ON THIS WEBSITE OR ON PENDING PURCHASES MADE UNDER AN INCORRECT PRICE FOR ANY SUCH SERVICE PURCHASED. THIS RIGHT APPLIES WHETHER OR NOT THE ORDER HAS BEEN CONFIRMED OR YOUR CREDIT CARD CHARGED. If, notwithstanding the preceding, XCLUSIVE HOSPITALITY LLC or any third party provider, affiliate or distributor should be found liable for any loss or damage which arises out of or is in any way connected with any of the above-described functions or uses of this Site or its content, the liability of XCLUSIVE and the third party provider, affiliate or distributor shall be limited to an amount which does not exceed the amount paid by you to XCLUSIVE or such third party for such product or service. In its sole discretion, in addition to any other rights or remedies available to XCLUSIVE HOSPITALITY LLC and without any liability whatsoever, XCLUSIVE HOSPITALITY LLC at any time and without notice may terminate or restrict your access to any component of this Site. Some states do not allow limitation of liability, so the foregoing limitation may not apply to you.
9. INDEMNIFICATION. You shall defend, indemnify and hold harmless XCLUSIVE HOSPITALITY LLC and any third party providers, affiliates and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this Site (including without limitation any violation by you of this User Agreement).
10. CLAIMS OF COPYRIGHT INFRINGEMENT. The Digital Millennium Copyright Act of 1998 (as amended, the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that we have wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter- notices must meet the then-current statutory requirements imposed by the DMCA, as provided in 17 U.S.C 512. Notices and counter-notices with respect to the Site should be sent to XCLUSIVE HOSPITALITY LLC, 7944 E Beck Lane Suite 200 Scottsdale, Arizona 85260, Attn: President, Phone: Fax: 480-609-1788, Email: [email protected] Please note that the phone number, fax number, and email address above are not for customer service. For customer service, please contact us by visiting the Contact Us page. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
11. LINKS. This Site contains links to other Web sites which are provided solely as a convenience to you and not as an endorsement by XCLUSIVE HOSPITALITY LLC, its third party providers, affiliates or distributors of the contents of such other Web sites. None of XCLUSIVE HOSPITALITY LLC or any third party provider, affiliates or distributor shall be responsible for the content of any other Web sites and make no representation or warranty regarding any other Web sites or the contents or materials on such Web sites. If you decide to access other Web sites, you do so at your own risk.
12. RELATIONSHIP. The relationship between XCLUSIVE HOSPITALITY LLC 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.
13. GOVERNING LAW. This Agreement and its performance shall be governed by the laws of the state of Arizona, 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 Maricopa County, Arizona, United States of America, in all questions and controversies arising out of your use of this 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 this Site must be brought within two (2) years from the date on which such claim or action arose or accrued.
14. ATTORNEY'S FEES. If XCLUSIVE HOSPITALITY LLC or its affiliates take any action to enforce this User Agreement and these terms and conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
15. INJUNCTIVE RELIEF. You acknowledge that a violation or attempted violation of any of this User Agreement and these terms and conditions will cause such damage to XCLUSIVE HOSPITALITY LLC as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that XCLUSIVE HOSPITALITY LLC shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, employees or agents, as well as recover from you any and all costs and expenses sustained or incurred by XCLUSIVE HOSPITALITY LLC in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.
16. TERMINATION. XCLUSIVE HOSPITALITY LLC may terminate this User Agreement and these terms and conditions and/or the provision of any of the services at any time for any reason, including any improper use of this Site or your failure to comply with these terms and conditions. Such termination shall not affect any right to relief to which XCLUSIVE HOSPITALITY LLC and its third party providers, affiliates and distributors may be entitled, at law or in equity. Upon termination of this User Agreement and these terms and conditions, all rights granted to you will terminate and revert to XCLUSIVE HOSPITALITY LLC and its third party providers, affiliates or distributors, as applicable.
17. ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
18. MODIFICATION. XCLUSIVE HOSPITALITY LLC. may at any time modify these terms and conditions and your continued use of this Site will be conditioned upon the terms and conditions in force at the time of your use.
19. ADDITIONAL TERMS. Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this Site, and you agree to abide by such other terms and conditions. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that if you violate any such supplier's rules and restrictions, it may result in cancellation of your purchased goods, services or membership with our affiliates and third-party providers. XCLUSIVE HOSPITALITY LLC may debit your account or charge you for any costs we incur as a result of such violation. XCLUSIVE HOSPITALITY LLC and any portals powered by XCLUSIVE HOSPITALITY LLC may charge the user a transaction fee for processing of a specified travel reservation(PNR - Passenger Name Record). This transaction fee is non-refundable.
20. SEVERABILITY. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
21. HEADINGS. The headings used in this User Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein.
22. MEMBERSHIP TERMS & POLICIES. For customer service please contact via email at [email protected] or via telephone at 1-855-99-MYTRIP. All membership sales are final & non refundable and are valid for 365 days from payment of the membership fee. Annual renewal required to keep membership active. Access to the Travel for the Cause portal is immediate upon registration and payment of the membership fee.
23. ENTIRE AGREEMENT. This User Agreement, together with any terms and conditions incorporated herein or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.