User Agreement for Gopure Travel Agency
YOUR AGREEMENT WITH GOPURE TRAVEL AGENCY
A. Assent to Agreement
BY USING SERVICES FROM GOPURE TRAVEL, THIS WEBSITE AND OUR MOBILE APPLICATIONS, YOU ARE INDICATING THAT YOU HAVE READ, ACKNOWLEDGE, AND ASSENT TO BE BOUND BY THIS DISCLAIMER, THE POLICIES, TERMS, AND CONDITIONS SET FORTH BELOW IN THEIR ENTIRETY WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE OR DOWNLOAD MATERIALS FROM THIS SITE.
This website (the \"site\") is provided by The Gopure Travel Group, Inc, a Michigan corporation (\"Gopure Travel Agency\"). The site may be used for personal and non-commercial informational purposes only. If the user is not an individual, then "you" means your company, its officers, members, agents, successors, and assigns.
B. Restrictions on Use
Except as otherwise permitted in writing by Gopure Travel, no materials from the Gopure Travel site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on the Gopure Travel site for non-commercial, personal use only. If you do so, you agree to retain all copyright and other proprietary notices contained on the materials. You may not use, distribute, modify, transmit, or post the content of the Gopure Travel site for public or commercial purposes, including any text, images, audio, or video without Gopure Travel's written permission. You may not mirror any material contained on this site on any other server. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Gopure Travel without express written consent. You may not use any metatags or any other "hidden text" using Gopure Travel's name or trademarks without the express written consent of Gopure Travel. Any unauthorized use terminates the permission or license granted by Gopure Travel. If you operate a website and wish to link to the site, Your website may link only to the site's home page at GopureMichigan.com and not to any other portion of the site, unless otherwise negotiated directly with Gopure Travel. Gopure Travel reserves the right to reject or terminate any links to the Content at any time for any reason.
C. User Agreement for Gopure Travel
Before we finalize arrangements for your flight, hotel, car rental, tour, cruise, or other trips, we require that you sign this form; your acceptance of this itinerary or invoice, or your clicking \"I Agree\" below will signify your agreement with the following terms and conditions:
Gopure Travel Agency, LLC. (\"Gopure Travel\") acts as a sales agent for any airline, hotel, car-rental company, tour operator, cruise line, or other service provider named in your itinerary (\"Suppliers\"). Gopure Travel is not responsible for acts or omissions of the Suppliers or their failure to provide services or adhere to their own schedules.
Gopure Travel assumes no responsibility for and shall not be liable for any refund, personal injury, property damage, or other loss, accident, delay, inconvenience, or irregularity which may be caused by: (1) any defaults, wrongful or negligent acts, or omissions of the Suppliers; (2) any defect in or failure of any vehicle, craft, equipment, or instrumentality owned, operated, or otherwise used or provided by the Suppliers; (3) any wrongful or negligent acts or omissions on the part of any other party not under Gopure Travel\'s control; and (4) any Supplier price drop after your travel arrangements have been confirmed, paid in full, or ticketed. You hereby release Gopure Travel from all claims arising out of any problem covered in the above paragraphs.
Travel arrangements involving airline and cruise components are subject to supplemental price increases that may be imposed by the supplier and/or government after you have completed your purchase. You hereby consent to any such price increases and authorize your credit or debit card to be used for them. Suppliers have their own contracts covering cancellation penalties and other terms and conditions, and you may be bound by those contracts regardless of whether you receive notice of their terms. By accepting this itinerary or invoice, or by clicking \"I Agree\" below, you hereby consent to those terms and conditions.
Gopure Travel has no special knowledge regarding the financial condition of the Suppliers, unsafe conditions, health hazards, weather hazards, or climate extremes at locations to which you may travel.
For a warning about terrorism in Europe, go to:
https://travel.state.gov/content/passports/en/alertswarnings/europe-travel-alert.html.
For a worldwide terrorism alert, go to:
https://travel.state.gov/content/passports/en/alertswarnings/worldwide-caution.html.
For other information concerning possible dangers at destinations, Gopure Travel recommends contacting the Travel Warnings Section of the U.S. State Department at (202) 647-5225 or www.travel.state.gov.
For medical information, Gopure Travel recommends contacting the Centers for Disease Control at (877) FYI-TRIP or www.cdc.gov/travel.
You assume full and complete responsibility for checking and verifying any and all passport, visa, vaccination, or other entry requirements of your destination(s), and all conditions regarding health, safety, security, political stability, and labor or civil unrest at such destination(s).
You hereby release Gopure Travel from all claims arising out of any problem covered in this paragraph. You agree that the courts in Isabella County, Michigan, United States of America will be the exclusive jurisdiction for all claims brought by you or Gopure Travel, and you hereby submit to the personal jurisdiction of those courts.
For your protection, we strongly recommend that you purchase trip cancellation and travel accident insurance. However, no representation or description of the insurance made by our staff constitutes a binding assurance or promise about the insurance.
We also strongly recommend that you use a credit card for your purchase so that you can exercise your rights under the Fair Credit Billing Act if you do not receive the services you purchased.
D. Disclaimer of Warranties
You expressly agree that use of the Gopure Travel site is at your sole risk. Neither Gopure Travel, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, or licensors (collectively, Providers), or the like, warrant that the Gopure Travel site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the Gopure Travel site or the content contained therein, or as to the accuracy, completeness, reliability, security or currency of the content. The content may contain errors, omissions, inaccuracies, or outdated information. Further, Gopure Travel does not warrant reliability of any advice, opinion, statement or other information displayed or distributed through the site. Gopure Travel reserves the right, at its sole discretion, to correct any errors or omissions in any portion of the site. Gopure Travel may make any other changes to the site and you understand the site content such as products, programs, dates, times, services and/or prices (if any) described in the site are subject to change at any time without notice.
THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THE SITE ARE PROVIDED BY Gopure Travel ON AN "AS IS," "WHERE IS," AND "WHERE AVAILABLE" BASIS. Gopure Travel MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THE Gopure Travel SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. Gopure Travel EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY THE MATERIALS, CONTENT, OR INFORMATION ON THE Gopure Travel SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THE Gopure Travel SITE OR YOUR USE OF THE Gopure Travel SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW APPLIES TO THIS AGREEMENT.
E. Limitation of Liabilities
YOU AGREE THAT GOPURE TRAVEL AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THE GOPURE TRAVEL SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, SHALL GOPURE TRAVEL OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OR PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT OR INFORMATION ON THE GOPURE TRAVEL SITE, YOUR USE OF, OR INABILITY TO USE, THE GOPURE TRAVEL SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER GOPURE TRAVEL OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. If, however, despite the exclusions contained in this agreement, the Gopure Travel should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of this Site, the Gopure Travel\'s liability shall not exceed the amount of any subscription fees and/or service charges, if any, paid by claimant to the Gopure Travel for the services and/or data with respect to which liability is found.
G. Indemnification
You agree to indemnify, defend, and hold harmless Gopure Travel, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorneys' fees and costs, arising out of or related in any way to your use of the site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.
H. Dispute Resolution
Any dispute relating in any way to your use of the Gopure Travel site shall be submitted to confidential arbitration in Orlando, Florida, except that, to the extent you have in any manner violated or threatened to violate Gopure Travel's intellectual property rights, Gopure Travel may seek injunctive or other appropriate relief in any state or federal court in Orange County, Florida and you consent and submit to the personal and exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
I. Limitations on Claims
Any cause of action you may have with respect to your use of the site must be commenced within one (1) year after the claim or cause of action arises.
J. Term and Termination
Without limiting its other remedies, Gopure Travel may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate the license granted under this Agreement if you fail to comply with any term or condition of this Agreement.
K. Choice of Law and Venue
The site is controlled, operated and administered by Gopure Travel from its offices within Mount Pleasant, Michigan, United States of America. Gopure Travel makes no representation that materials at this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the site or export the Materials in violation of US export laws and regulations. If you access this site from locations outside of the United States, you are responsible for compliance with all local laws. This Agreement shall be governed by the laws of the State of Michigan, without giving effect to its conflict of law\'s provisions. This is the case regardless of whether you reside or transact business with Gopure Travel in Michigan or elsewhere. You agree to submit to the personal and exclusive jurisdiction of the courts located within Isabella County, Michigan.
L. Entire Agreement
This Agreement constitutes the entire agreement between Gopure Travel and you with respect this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the customer and Gopure Travel with respect to this website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relate to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
M. Modifications to Agreement
Gopure Travel may revise the Agreement at any time and you agree to be bound by the revised Agreement. You agree to regularly review this Agreement (no less than monthly) to review the most current terms and conditions. Gopure Travel reserves the right in its discretion to change these Terms of Use at any time and your continued use of the Site thirty (30) days after the posting of any amended Terms of Use shall constitute notice as well as your agreement to be bound by any such changes. This Agreement shall supersede any prior or subsequent terms or conditions included with any communications or agreement, whether or not such terms or conditions are signed by Gopure Travel. Gopure Travel reserves the right to make changes to this site and to these terms and conditions at any time. Any such modifications will become effective upon the earlier of (30) days after the posting of any amended Terms of Use or your purchase and/or download of any material or content published directly or indirectly on the site.
P. Designated Agent and Notification for Gopure Travel Agency
Legal name and address of service provider:
The Gopure Travel Group, Inc.
1512 Canterbury Travel
Mount Pleasant, MI 48858
Name under which service provider does business: Gopure Travel
Designated agent: Greggory D Shaw
Telephone and fax of designated agent:
(989) 572-0420 (telephone number)
Q. Electronic Communications and Electronic Signatures
You agree to be bound by any affirmation, assent or agreement you transmit through the Gopure Travel website, including but not limited to any consent you give to receive communications from Gopure Travel solely through electronic transmission. You agree that, when in the future you click on an "I agree," "I consent" \"Make a Payment,\" \"Download,\" \"Print\" or other similarly worded "button" or entry field with your mouse, keystroke or other computer device, your agreement or consent to these terms will be legally binding and enforceable and the legal equivalent of your handwritten signature.
R. Severability
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.