AGREEMENT
You acknowledge and agree to the following terms and conditions when You use the
e-guestAccess.com site. Our mutual responsibilities are specific and limited to
the terms of this Agreement. You must read, agree with, and accept all of the terms
and conditions contained in this Agreement which are those terms, conditions and
definitions expressly set out below
1. Definitions:
The following is a non-exhaustive list of definitions that shall apply to the use
of this website; other definitions are included throughout the text:
a. "You", "Your", "User" - an individual, or an individual for and on behalf of
a corporate entity or organization, that desires to obtain certain goods and services;
b. e-guestAccess.com desires to provide a sourcing, and scheduling tool for goods
and services provided directly by the suppliers of those goods and services to the
consuming public.;
c. "We", "Us", "Our" – e-destinAccess, Inc. a Nevada Corporation with principal
place of business in Tucson, Arizona;
d. "Confirm and Proceed" or "Submit”: - Your offer to enter into a transaction for
the Goods or Services;
2. Acknowledgement, Common Sense and Business Judgment
You acknowledge that We give You access to the Suppliers of goods and services for
a particular travel destination free of charge. You acknowledge and agree that We
give You the ability to search for Goods and Services on e-GuestAccess.com free
of charge. You agree to use common sense and good business judgment when using the
site.
3. Modification of Agreement:
At anytime and in Our sole discretion, We may modify the terms and conditions of
this Agreement. The modified terms and conditions shall take effect immediately
after posting on Our website. This Agreement may not be modified, amended and/or
changed by You in any manner unless agreed to in writing by an Officer of e-destinAccess.
Inc. Furthermore, We may modify or discontinue this web site at anytime.
4. Other Terms and Conditions:
You acknowledge and agree that We have the sole discretion to set forth and post
additional terms and conditions for Your use of this site at various places throughout
the website. You agree that those additional terms and conditions shall be considered
an effective amendment to this Agreement and said terms and conditions shall be
incorporated herein. Furthermore, You expressly agree that if there is any conflict
between those additional terms and conditions and the specific terms and conditions
set forth herein, the terms and conditions set forth herein shall govern.
5. Qualification for Use of e-GuestAccess.com:
In order to qualify to use this site, You must be and You acknowledge that You are
an individual whom can enter into a legally binding contract under applicable law.
In compliance with the Child Online Privacy Protection Act, this web site is not
intended or provided for use by minors.
6. Neutral Venue and Online Clearinghouse:
This web site functions solely as a neutral venue and scheduling tool to connect
You and the various Suppliers. We are not involved in any manner with the provision
of the Services by the Suppliers. Furthermore, the Supplier(s) do not work for Us.
The Supplier(s) are not Our employees, agents or independent contractors. We only
operate a web site. Therefore, We cannot guarantee nor do We have control over the
quality, accuracy, standard of Service, safety or legality of the Services provided
by the Suppliers. You acknowledge and agree that any and all communications, correspondence,
verbal or written, or any warranties or representations, made with regard to the
Goods or Services are not provided by Us and are specifically and solely between
You and the Supplier. Please read the following Sections carefully.
7. Transaction for Services:
By clicking "Confirm and Proceed" to the payment page and by thereafter clicking
“submit”, You acknowledge and agree that You are submitted a Purchase Order and
that this is Your effective offer to enter into a transaction for Goods or Services
with that Supplier.
8. Payment for Services:
Furthermore, by clicking "Place Order", You acknowledge and agree that You have
authorized payments for the total amounts of the Goods and Services. You have authorized
Us to charge the total amounts against Your credit or debit card to complete the
transaction for any provided Goods or Services. You acknowledge that we are not
a financial institution and that we do not provide financial services. Furthermore,
You acknowledge that We act only as a facilitator for the process that helps You
pay the Moving Helper for any provided Services. Furthermore, We do not establish
an account, escrow or otherwise, for Your payments and We do not act as a trustee,
fiduciary or escrow with respect to Your payments. You agree to provide truthful,
accurate and complete information at all times including but not limited to necessary
credit or debit card and identification information. We cannot guarantee the ability
of You to complete a transaction for any provided Services. Furthermore, due to
the difficulty of individual authentication on the Internet, We cannot and will
not in any manner verify or confirm Your identity or ability to pay for the provided
Services. You agree that You are not entitled to a refund from Us for any Goods
or Services. Any modifications or changes of your order shall be made directly with
the provider of those Goods and Services. Furthermore, You expressly grant Us the
irrevocable, perpetual, worldwide and royalty free right to use any review (including
your first name and the first letter of your last name) for our advertising and
marketing purposes in any manner and in any media that We so choose whether now
known or hereafter devised.
9. Your Disclosure of Your Personally Identifiable Information:
WHERE PERMITTED BY APPLICABLE LAW, YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR THE
PRIVACY PRACTICES OF ANY SUPPLIER NOR ARE WE RESPONSIBLE FOR THE ACTIONS THAT ANY
SUPPLIER MAY TAKE WITH REGARD TO YOUR PRIVACY OR YOUR PERSONALLY IDENTIFIABLE INFORMATION.
10. Disputes with Supplier(s) and Your Release/Waiver of Liability:
Because we are a neutral venue (as explained above), We are not responsible for
resolving any disputes between You and the Supplier regarding the Goods or Services.
All disputes must be resolved between You and the Supplier. Furthermore, the transaction
and any resulting provision of Goods or Services are solely between You and the
Supplier. Therefore, when and where there are any claims, demands, liabilities,
damages or losses incurred as a result of such transaction and/or provision of Goods
and Services, You, your heirs, successors and assigns, do hereby waive and release
Us (Our officers, directors, agents, parent, subsidiaries, affiliated companies
and employees) from any such claims, demands, liabilities, damages or losses.
11. Protection of Intellectual Property Content:
This website contains trademarks, service marks, copyrighted material, inventions,
know how, potential patentable business method material, design logos, phrases,
names, logos or HTML Code ("Intellectual Property Content") all of which, unless
otherwise indicated and/or provided pursuant to a third party license, are Our sole
property and We retain all appurtenant rights, interests and title thereto. We also
claim ownership rights under the copyright and trademark laws with regard to the
"look", "feel", "appearance" and "graphic function" of this web site including but
not limited to its color combinations, sounds, layouts and designs. You agree and
acknowledge that Your use of this web site does not confer upon You any license
or permission to use Our (or any third party's) Intellectual Property Content. You
shall not reproduce, modify, display, sell, or distribute the Intellectual Property
Content, or use it in any other way for public or commercial purpose. All other
trademarks, service marks and copyrights are held by their rightful owners. Furthermore,
You shall not reproduce, translate, copy, enhance, add to, modify, or reverse engineer
or de-compile any software or software platform or other data processing program(s)
upon which e-GuestAccess.com operates or is based.
12. Copyright Infringement Policy:
Pursuant to 17 United States Code 512(c)(2) ("Digital Millennium Copyright Act of
1998"), Our designated agent for notice of alleged copyright infringement appearing
on e-GuestAccess.com is: e-destinAccess, Inc. Legal Department 6078 E Paseo Cimarron
Tucson, Arizona 85750 Phone: (949) 471-0022 ext 102 You need to fulfill the requirements
specified in Title II of the Digital Millennium Copyright Act of 1998 to file a
notice of infringement. The text of this statute can be found at the U.S. Copyright
Office web site, http://lcweb.loc.gov/copyright/.
13. Third Party Links:
This website may provide links to third party web sites. We specifically disclaim
any representation or warranty regarding the products, services, content, accuracy,
reliability and function of any third party web site. You agree and acknowledge
that We have no responsibility or liability for any transactions, communications
or interactions between You and third party web sites and/or their owners. We do
not necessarily endorse, recommend and/or control any third party web site. Your
use of any third party web site, whether provided as a link by this web site or
not, is strictly at Your own risk.
14. Your Information and Communication on e-GuestAccess.com:
You expressly represent and warrant the following: 1) You are the owner, with all
appurtenant rights thereto, of any and all communication, content and/or information
posted on the web site, or; 2) You are the legitimate and rightful grantee of a
worldwide, royalty free, perpetual, irrevocable, sub-licensable, non- exclusive
license to use, distribute, reproduce and distribute such communication, content
and/or information. You further represent and warrant that any and all of Your online
communication, content and/or distribution of information: a. Will not violate any
federal or state law, regulation, rule, or statute;
b. Will not violate the terms of this Agreement;
c. Will not infringe any third party’s intellectual property rights including but
not limited to copyright, patent or trademark rights;
d. Will not contain obscene, lewd, or suggestive content and under no circumstances
will it contain child pornography;
e. Will not be libelous, threatening, harassing or defamatory;
f. Will not contain any computer hardware or software, viruses, Trojan horses, worms,
or any other computer programming that may interfere with the operation of this
website, operation of any of Our systems and or create or impose a large burden
or load on the website;
g. Will not scan or test the vulnerability or security of Our website or the system
within which it operates;
h. Will not be used for commercial or public purposes outside of the requirements
of this Agreement;
i. Will not create liability for us in any manner whatsoever; Furthermore, You agree
that e-GuestAccess.com acts as a passive conduit for any and all of Your communication
and/or distribution of information. We have no control, editorial or otherwise,
over any communication, information, and specifically, over the content of such
communication or information. We do not and will not ensure the accuracy or reliability
of such communication or information nor will We act as a monitor over the content
of such communication or information. However, We do reserve the right to remove
or restrict any communication or information that is in violation of this Agreement,
illegal, threatening, or lewd.
15. Frame or link to the website;
You assume legal responsibility for all damages incurred as a result of any of Your
online communication or distribution of information.
16. Our Termination:
We reserve the right to terminate this Agreement or the e-GuestAccess.com for any
reason at anytime without notice.
17. Arbitration:
Any dispute, legal controversy, legal action or legal claim arising out of or relating
to Our web site or this Agreement shall be settled by binding arbitration. The arbitration
shall be conducted by one (1) independent arbitrator familiar with the online/e-commerce
industry, and in accordance with the commercial arbitration rules of the American
Arbitration Association ("AAA"). The arbitrator shall be selected by the joint agreement
of the parties, but if they do not so agree, the selection shall be made by AAA
pursuant to the AAA Rules. The findings of the arbitrator may not change the express
terms of this Agreement and shall be consistent with the arbitrator's understanding
of the findings a court of proper jurisdiction would make in applying the applicable
law to the facts underlying the dispute. This provision for arbitration shall be
specifically enforceable by the parties and the decision of the arbitrator shall
be binding with no specific right to appeal. The arbitrator shall at no time award
injunctive relief. The arbitrator shall at no time award relief in excess of that
provided for in the Agreement and furthermore, in any event, an arbitration award
shall not include an award of punitive damages and the parties hereby waive the
right to recover punitive damages. Each party shall pay its own expenses of arbitration
and the expense of the arbitrator shall be shared equally. Any such controversy
or claim shall be arbitrated on an individual basis, and shall not be consolidated
in any arbitration with any claim or action or controversy of any other party. The
arbitration shall be conducted in Tucson, Arizona, and governed by the laws of California.
A judgment on the arbitration award may be entered into any court having jurisdiction
thereof. Should either party file any action contrary to this provision, the other
party may recover reasonable attorney's fees and reasonable costs. Notwithstanding
the foregoing, You expressly consent that this arbitration clause shall not apply
in any manner to Our rights to seek to obtain damages for, or an injunction relating
to, fraud committed against e-destinAccess, Inc. or the infringement against Our
intellectual property
18. Waiver of Jury Trial:
If for any reason the above provision requiring arbitration is declared unenforceable,
void, or voidable, or if any action or judicial proceeding is permitted other than
as contemplated by the arbitration provision, each party waives any right it may
have to a trial by jury and consents to the venue of such action in California.
19. WARRANTY DISCLAIMER
USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK. THIS SITE IS SPECIFICALLY PROVIDED
"AS IS" AND WITHOUT ANY WARRANTY, REPRESENTATION OR CONDITION, EXPRESS, IMPLIED
OR STATUTORY. ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT ARE HEREBY DISCLAIMED. In certain jurisdictions, the
foregoing disclaimer may not apply to you. WE MAKE NO GUARANTEE, REPRESENTATION
OR WARRANTY THAT THIS SITE, OUR DATABASES, SYSTEMS AND INFRASTRUCTURE WILL OPERATE
UNINTERRUPTED, WILL BE FULLY FUNCTIONAL, SECURE, WITHOUT UNAUTHORIZED ACCESS (INCUDING
THIRD PARTY HACKERS) , OR ERROR FREE. WE MAKE NO WARRANTY REGARDING ANY SERVICES
PURCHASED OR TRANSACTIONS ENTERED INTO AS A RESULT OF A CONNECTION BY THIS SITE.
20. Liability Limit:
Some States do not allow the exclusion or limitation of incidental or consequential
damages, so the limitation or exclusion below may not apply to you. IN NO EVENT
SHALL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR SITE OR THIS AGREEMENT.
OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE
GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION
GIVING RISE TO LIABILITY, OR (B) $100.
21. Indemnification:
You agree to indemnify, defend and hold Us and our parent, subsidiaries, affiliates,
officers, directors, agents, and employees, harmless from any claim, demand, damage
or loss, incurred or arising out of your use of e-GuestAccess, Inc. breach of this
Agreement, violation of any federal or state law, statute, regulation or the infringement
of any third party rights including but not limited to any third party intellectual
property rights.
22. Assignment:
This Agreement may be assigned and transferred by Us to a third party at anytime
and without notice to You. This Agreement may not be assigned by You.
23. Independent Contractor:
You hereby agree and acknowledge that Your use of this site does not confer or imply
any agency, partnership, joint venture, employee-employer or franchiser-franchisee
relationship between You and Us whatsoever.
24. Notices:
All notices shall be sent by certified mail to: e-destinAccess, Inc, 6078 E Paseo
Cimarron, Tucson AZ,. 85750 or legal@e-destinaccess.com.
25. Severability:
Each provision of this Agreement is intended to be severable. If any term, covenant,
condition, or other provision herein is unlawful, invalid or unenforceable for any
reason whatsoever, and such illegality, invalidity or unenforceability does not
affect the remaining parts of this Agreement, then all such remaining parts hereof
shall be valid and enforceable and have full force and effect as though the invalid
or unenforceable provisions had not been included. A waiver of any part of or performance
under this Agreement shall not constitute a waiver of the whole.
26. Headings:
The headings contained in this Agreement are inserted for convenience only and shall
not affect the meaning or interpretation of this Agreement or any provision hereof.
27. Integration:
This Agreement supersedes any and all prior discussions and agreements and the parties
in this Agreement to the extent set forth herein contains the sole, final and complete
expression and understanding between the parties hereto.
28. No Third Party Beneficiaries:
No person other than the parties hereto, shall have any rights or claims under this
Agreement.