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Terms of Use 9/15/06 Acceptance of Terms of Use Erin Gerald Affiliates owns and operates OneSyte.com (the "Site"). These Terms of Use govern your use of the OneSyte.com service and Web site. By using, visiting, or browsing the OneSyte.com Web site, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the OneSyte.com service or Web site. These Terms of Use are an ongoing contract between you and Erin Gerald Affiliates and apply to your use of the OneSyte.com service and Web site. These Terms of Use affect your rights and you should read them carefully. Changes to Terms of UseErin Gerald Affiliates reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" located at the bottom of the pages of the OneSyte.com Web site. The most current version of the Terms of Use will supersede all previous versions. Your use of the OneSyte.com Web site or continued use of our service after changes are made means that you agree to be bound by such changes. Privacy Any information submitted on the OneSyte.com Web site is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the top of our Privacy Policy. The OneSyte.com Website is not targeted towards, nor intended for use by anyone under the age of 18. By using the OneSyte.com Website, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not use, access or register for the OneSyte.com Website. Comparison ShoppingErin Gerald Affiliates is a marketing firm that partners with leading companies to offer high-quality products and services to its customers at attractive process via the OneSyte.com website. OneSyte.com aggregates pricing and availability information from Erin Gerald Affiliates' retail and travel partners. While we try our best to be as accurate as possible, sometimes information or data on OneSyte.com may not be completely accurate. In these instances, you must follow up with the actual retailer or travel company for specific pricing, availability, and terms. Erin Gerald Affiliates is not responsible for typos, misprints or mispricing on specific products from its retail or travel partners. Erin Gerald Affiliates does not endorse user reviews or opinions for products and services offered by its retail and travel partners. The Role of Erin Gerald Affiliates Erin Gerald Affiliates does not charge you a fee to use OneSyte.com. Erin Gerald Affiliates is paid a fee by the participating retailers, travel partners, and third party marketers for the products and services provided. Your use of this Site constitutes your agreement with this form of compensation. Erin Gerald Affiliates assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that you take based on the information, services or other material on this Site. While Erin Gerald Affiliates makes every effort to ensure that all of the content on OneSyte.com is complete, up-to-date, readily available and clearly explained, Erin Gerald Affiliates cannot guarantee that the Site will always be up or that its content will always be accurate. Erin Gerald Affiliates will not be responsible for any loss or damage related to the accuracy, correctness or completeness of the information. Limitation of Liability YOUR USE OF THIS SITE IS AT YOUR OWN RISK. ERIN GERALD AFFILIATES AND/OR ITS PARTNERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, WHETHER RESULTING IN WHOLE OR IN PART, EVEN IF ERIN GERALD AFFILIATES HAS BEEN ADVISED OF THE POSSIBLITY OF DAMAGES. Some jurisdictions do not allow the disclaimer, exclusion or limitation of incidental or consequential damages, so the foregoing disclaimer, exclusion and limitation may not apply to you, and you may have other legal rights that vary according to jurisdiction. In no event will damages provided by law (if any) apply unless they are required to apply by statute, notwithstanding their exclusion by contract. Website Accuracy It is the intent of Erin Gerald Affiliates to ensure that all of the information contained on OneSyte.com is accurate and reliable. However, Erin Gerald Affiliates does not guarantee the OneSyte.com Web site to be error free all of the time. Due to market fluctuations, prices are subject to change at any time and without notice. Erin Gerald Affiliates reserves the right to change or discontinue at any time any aspect or feature of this Site. By your use of this Site, you agree to hold Erin Gerald Affiliates and its partners harmless due to any and all errors on the Site. Copyright, Trademark and Servicemark Notices This Site is owned and operated by Erin Gerald Affiliates. Unless otherwise specified, all materials appearing on this Site, including design, text, graphics, logs, images, icons, interfaces and selection, assembly and arrangement thereof are the sole property of Erin Gerald Affiliates, and /or its suppliers and partners. All rights reserved. Other product and company names noted herein, including but not limited to the names of our suppliers and partners may be trademarks of their respective owners. Permission is granted to electronically copy and to print hard copy portions of this Site for the sole purpose of placing an inquiry or request with OneSyte.com for products or services on this Site. Any other use of materials on this Site, including but not limited to, reproduction for purposes other than those noted above, modifications, transmission, display, distribution, replication, creating derivative works from, and framing another Web page is strictly prohibited without the prior written permission of Erin Gerald Affiliates. Dispute Resolution and Venue By the use of this OneSyte.com Site you consent and agree to waive any rights you may have to trial by jury concerning any controversy, dispute, or cause of action ("Claims") arising out of or in connection with the provisions of this Agreement. Any such Claims which cannot be settled between us by mutual agreement shall be finally settled by arbitration in the state of Delaware, in accordance with the rules of the American Arbitration Association. The arbitrator may enter a default decision against either of us if we fail to participate in the arbitration proceedings. The decision of the arbitrator on the points in dispute will be final, unappealable and binding, and judgment on the award may be entered in any court having jurisdiction thereof. The arbitrators shall not have the power to award damages in connection with any dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. Applicable LawThis Site (excluding linked sites) is controlled by Erin Gerald Affiliates which is headquartered in the State of Delaware, United States of America. This Site can be access from all 50 states and the District of Columbia, as well as other countries around the world. As each of these places has laws that may differ from those of Delaware, by accessing this Site, both you and Erin Gerald Affiliates agree that the statutes and laws of the State of Delaware, without regard to conflicts of laws and principles thereof, will apply to all matters arising from or relating to the use of this Site. You agree that regardless of any statute to the contrary, any claim or cause of action arising out of or related to use of this Site or this Agreement must be filed within 30 calendar days after such claim or cause of action arose or be forever barred. Entire Agreement This Agreement constitutes the entire agreement between you and Erin Gerald Affiliates and supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Erin Gerald Affiliates with respect to this Site and any information associated with it. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers, liability limitations and the indemnification provision set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of this Agreement shall continue in effect. ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY ERIN GERALD AFFILIATES.
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