Use of the
Contents of web
site at https://www.belgios.net/
the on-line reservation services (the “Services”)
provided by
Contacts, and the Contacts and Embarque Mobile Applications (each a
“Mobile
App”), are subject to the terms and conditions of use set forth below
(“Terms of
Use”), which include Contacts Privacy Policy, incorporated into these
Terms of
Use by reference.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE
USING
THE WEB SITE, THE SERVICES,
OR THE MOBILE APP. BY USING THE WEB SITE,  THE SERVICES, OR THE
MOBILE APP,
YOU AGREE TO THESE TERMS OF USE. IF AN INDIVIDUAL IS USING THE WEB SITE,
THE
SERVICES, OR THE MOBILE APP ON BEHALF OF A BUSINESS ENTITY, WHETHER AS
AN
EMPLOYEE, CONSULTANT OR AGENT OF SUCH BUSINESS ENTITY, BY DOING SO, SUCH
INDIVIDUAL REPRESENTS THAT THEY HAVE THE LEGAL CAPACITY AND AUTHORITY TO
BIND
SUCH BUSINESS ENTITY TO THE TERMS OF USE. “YOU” SHALL REFER BOTH TO THE
INDIVIDUAL ACCESSING THE WEB SITE, THE SERVICES, OR THE MOBILE APP ON
BEHALF OF
A BUSINESS ENTITY, IF ANY, AND ANY SUCH BUSINESS ENTITY ITSELF. Contacts
MAY
CHANGE THESE TERMS OF USE FROM TIME TO TIME WITHOUT NOTICE, AND SUCH
CHANGES
WILL BE EFFECTIVE ON THE DATE THEY ARE POSTED ON THE WEB SITE. USE OF
THE WEB
SITE, THE SERVICES, AND THE MOBILE APP AFTER SUCH CHANGES HAVE BEEN
POSTED
CONSTITUTES YOUR ACCEPTANCE OF ALL SUCH CHANGES. IF YOU DO NOT
AGREE TO
THESE TERMS OF USE, DO NOT USE THE WEB SITE, THE SERVICES, OR THE
MOBILE
APP.

2. Use of the Web Site, the Services,
and the
Mobile App
. You
may only use the Web Site, the Services, and the Mobile App in
accordance with
the Terms of Use, any posted policies and procedures that appear on the
Web
Site, and for lawful purposes. You agree not to use the Web Site, the
Services,
or the Mobile App to: (a) transmit any material that infringes or
misappropriates any third party’s copyright, trademark, trade secret,
patent, or
other proprietary rights, (b) transmit any material that is false,
inaccurate,
fraudulent, or misleading, (c) distribute computer viruses, worms, or
software
intended to damage or alter a computer system without the owner’s
consent, (d)
use “auto-responders,” “cancel-bots,” or other similar mechanisms that
generate
excessive network traffic, (e) transmit any unlawful, harmful,
defamatory,
pornographic, obscene, vulgar, threatening, harassing or otherwise
objectionable
material, (f) send or relay any unsolicited advertising or chain
letters, (g)
exceed your permitted access or attempt to gain unauthorized access to
the Web
Site, the Services, or the Mobile App, or any part thereof, or other
accounts,
computer systems or networks, through login password mining or any other
means,
(h) frame any portions of the Web Site, the Services, or the Mobile App
within
another web site or establish links from any other web site to any page
of the
Web Site other than the home page or (i) resell use of, or access to,
the Web
Site, the Services, or the Mobile App to any third party without
Contacts prior
written consent. Contacts reserves the right to terminate your access to
the Web
Site, the Services, or the Mobile App at any time without notice if we
determine, in our sole discretion, that you have abused or violated any
of these
terms and conditions.

3. Mobile Charges. You are
responsible
for payment of any costs
or expenses incurred as a result of downloading and using any Mobile
App,
including any operator network and roaming charges. Please check with
your
service provider for details.

4. Mobile Application License.
Subject to your compliance
with these Terms of Use, Contacts grants you a limited non-exclusive,
non-transferable license to download and install a copy of the Mobile
App on a
single mobile device that you own or control and to run such copy of the
Mobile
App solely for your use.

Unless otherwise agreed in writing you shall not
(i)
license, sublicense, sell,
resell, transfer, assign, distribute or otherwise commercially exploit
or make
available to any third party the Mobile Apps or Services in any way;
(ii) modify
or make derivative works based upon the Mobile Apps; (iii) create
Internet
“links” to the Web Site or “frame” or “mirror” the Mobile Apps or
Services on
any other server or wireless or Internet-based device; (iv) reverse
engineer or
access the Mobile Apps or Services in order to (a) design or build a
competitive
product or service, (b) design or build a product using similar ideas,
features,
functions or graphics of the Services or Mobile App or Services, or (c)
copy any
ideas, features, functions or graphics of the Web Site, Services, or
Mobile App,
or (v) launch an automated program or script, including, but not limited
to, web
spiders, web crawlers, web robots, web ants, web indexers, bots, viruses
or
worms, or any program which may make multiple server requests per
second, or
unduly burdens or hinders the operation and/or performance of the Web
Site,
Services, or Mobile App.

5. ID Number, Password and
Security
.
You are responsible for
maintaining the confidentiality of any user ID and/or password provided
to you
by Contacts for use in connection with the Web Site, the Services, or
the Mobile
App. You are solely responsible for all activities that occur under your
user ID
and/or password, and you agree to notify Contacts immediately of any
unauthorized use of your user ID and/or password or any other breach of
security
related to the Web Site, the Services, or the Mobile App. CAREY WILL NOT
BE
LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO SAFEGUARD
YOUR USER
ID AND/OR PASSWORD OR TO COMPLY WITH THIS SECTION.

6. Services. Contacts provision
to you
of the Services may be
subject to other terms, conditions and restrictions posted on the Web
Site, the
Mobile App or otherwise communicated in writing to you by Contacts,
including
via email. The Services are subject to availability and all price quotes
are
estimates. Please refer to the Frequently Asked Questions page and/or
Service
Terms of Use page for more information.

 

7. Proprietary Rights and Communication
with
Contacts
.

(i) The Web Site and the Mobile App, and certain
content
therein, the Services,
and any underlying software may be protected by copyright, trademark,
patent,
and/or other intellectual property and proprietary rights laws and are
owned
(along with all proprietary rights therein, including all rights, in and
to the
Web Site, the Services, and the Mobile App, and any suggestions, ideas,
enhancement requests, feedback, recommendations or other information
provided by
you or any other party relating to the Web Site, the Services, or the
Mobile
App) by Contacts International and/or its licensors. You agree that you
will not
copy, distribute, republish, display, post, transmit, download, or
modify any
content you obtain from the Web Site, the Services, or the Mobile App,
or any
other Contacts or licensor owned intellectual property without Contacts
prior
permission; provided, however, that you may download or print a copy of
information from the Web Site for your use in learning about, reserving,
or
using the Services.

(ii) Excepting any suggestions, ideas,
enhancement
requests, feedback,
recommendations or any other information deemed proprietary and detailed
above
in 6(i), any other communication or material you transmit to us by email
or
otherwise, including any data, questions, comments, suggestions, or the
like is,
and will be treated as, nonconfidential and nonproprietary. Except to
the extent
expressly covered by our Privacy Policy, anything you transmit or post
may be
used by us for any purpose, including but not limited to, reproduction,
disclosure, transmission, publication, broadcast and posting.
Furthermore, you
expressly agree that we are free to use any ideas, concepts, know-how,
or
techniques contained in any communication you send to us without
compensation
and for any purpose whatsoever, including but not limited to,
developing,
manufacturing and marketing products and services using such
information.

8. Third Party Applications.
The Web
Site, the Services, and the
Mobile App may enable you to link or connect you to use functionalities
of third
party applications, services or sites that are not owned or controlled
by
Contacts (“Third Party Applications”). Any Third Party Applications are
subject
to the terms and conditions of the relevant third party provider.
Contacts has
no control over and is not responsible or liable for any matters
relating to
your dealings or transactions with such third parties and over any third
party
content, syndicated content, applications, services, sites,
advertisements,
links, privacy policies and/or practices of any such third parties that
may be
accessible via the Web Site, the Services, or the Mobile App. It is your
responsibility to check the privacy policies and terms of service and
usage of
all third party sites that you visit prior to downloading or using any
such
Third Party Applications.

9. Warranty Disclaimer. THE WEB
SITE,
THE SERVICES, THE MOBILE
APP AND ANY INFORMATION PROVIDED THROUGH THE WEB SITE, THE SERVICES, OR
MOBILE
APP, INCLUDING ANY THIRD PARTY APPLICATIONS OR THIRD PARTY PROVIDED
INFORMATION,
ARE PROVIDED BY CAREY ON AN “AS IS” BASIS, AND NEITHER CAREY NOR ITS
SUBSIDIARIES, PARTNERS, AFFILIATES, VENDORS OR SUBCONTRACTORS MAKE ANY
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THE WEB SITE, THE SERVICES, OR THE MOBILE APP OR THE
INFORMATION
MADE AVAILABLE BY OR THROUGH THE WEB SITE, THE SERVICES, OR THE MOBILE
APP. IN
ADDITION, CAREY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY
AND
NON-STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, ACCURACY OF INFORMATION, TITLE, QUIET ENJOYMENT,
FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM
COURSE OF
DEALING OR CUSTOM OF TRADE. NEITHER CAREY NOR ANY OF ITS SUBSIDIARIES,
PARTNERS,
AFFILIATES, VENDORS OR SUBCONTRACTORS WARRANTS THAT USE OF THE WEB SITE,
THE
SERVICES, OR THE MOBILE APP WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME
OR FROM
ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED,
OR THAT THE WEB SITE, THE SERVICES, OR THE MOBILE APP ARE FREE OF
VIRUSES OR
OTHER POTENTIALLY HARMFUL COMPONENTS. Some jurisdictions may not allow
the
exclusion of certain warranties, so some of the above exclusions may not
apply
to you.

10. Limitation of Liability. IN
NO
EVENT WILL CAREY, ANY OF ITS
SUBSIDIARIES, PARTNERS, AFFILIATES, VENDORS OR SUBCONTRACTORS, INCLUDING
THEIR
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR
INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING
WITHOUT
LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS
INTERRUPTION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB
SITE, THE
SERVICES, OR THE MOBILE APP, OR ANY WEBSITES OR THIRD PARTY APPLICATIONS
LINKED
TO THE WEB SITE, THE SERVICES, OR THE MOBILE APP, WHETHER BASED ON
CONTRACT,
TORT OR OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER CAREY KNEW OR WAS
ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. CAREY’S AGGREGATE LIABLITY FOR
DIRECT
DAMAGES ARISING FROM OR RELATING TO THE WEB SITE, THE SERVICES, OR THE
MOBILE
APP (REGARDLESS OF THE CAUSE OF ACTION, WHETHER UNDER CONTRACT, TORT, OR
OTHER
LEGAL THEORY) IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID BY THE
USER TO
CAREY FOR THE SPECIFIC SERVICE THAT IS THE SUBJECT OF THE DISPUTE OR
(ii) $50.
THE FOREGOING LIMITATIONS OF LIABILITY ARE INDEPENDENT OF, AND SHALL
APPLY
REGARDLESS OF, ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED OR
EXCLUSIVE
REMEDY. You acknowledge that Contacts has agreed to provide the Web
Site, the
Services, and the Mobile App in reliance on the exclusions of liability
and
disclaimers of warranty set forth herein. Some jurisdictions do not
allow the
limitation of incidental or consequential damages, so the above
limitation may
not apply to you.

11. Indemnification. You agree
to
indemnify and hold Contacts,
its subsidiaries, partners, affiliates, vendors, subcontractors,
officers,
employees, and agents harmless from any and all losses, liabilities,
damages
and/or costs (including reasonable attorneys’ fees) arising from any
third-party
claims arising from or related to your use of the Web Site, the
Services, or the
Mobile App, or your violation of the Terms of Use or the Privacy Policy.

12. Payment.  Contacts
uses a
third-party payment processor
(the “Payment Processor”) to link your credit card account to pay for
the
Services booked on the Web Site and through the Mobile App. The
processing of
payments or credits, as applicable, in connection with your use of the
Web
Site, the Services, and the Mobile App will be subject to the terms,
conditions
and privacy policies of the Payment Processor and your credit card
issuer in
addition to these Terms of Use. Contacts is not responsible for any
errors by
the Payment Processor. In connection with your use of the Web Site, the
Services, or the Mobile App, Contacts will obtain certain transaction
details,
which Contacts will use solely in accordance with the Privacy Policy.

13. Privacy. Contacts takes the
privacy
of you and your
information very seriously. For further information about what
information we
collect and how we use such information, please view our Privacy Policy
[link to
Privacy Policy].

14. Severability. If any part
of these
Terms of Use shall be
held or declared to be invalid or unenforceable for any reason by any
court of
competent jurisdiction, such provision shall be ineffective but shall
not affect
any other part of these Terms of Use.

15. Waiver; Remedies. The
failure of
Contacts to partially or
fully exercise any rights or the waiver of Contacts of any breach of
these Terms
of Use by you, shall not prevent a subsequent exercise of such right by
Contacts
or be deemed a waiver by Contacts of any subsequent breach by you of the
same or
any other term of these Terms of Use. The rights and remedies of
Contacts under
these Terms of Use and any other applicable agreement between you and
Contacts
shall be cumulative, and the exercise of any such right or remedy shall
not
limit Contacts right to exercise any other right or remedy.

16. International Access. The
Web Site,
the Services, and the
Mobile App are provided from the United States of America and all
servers that
make it available reside in the U.S.A. The laws of other countries may
differ
regarding the access and use of the Web Site and Service. We make no
representations regarding the legality of this Web Site,  the
Services, or
the Mobile App in any other country and it is your responsibility to
ensure that
your use complies with all applicable laws outside of the U.S.A.

17. Arbitration. Any and all
disputes
pursuant to these Terms of
Use, or otherwise between the parties, shall be submitted to binding
arbitration
in the State of IL in accordance with the
commercial
rules of the American Arbitration Association (“AAA”) then in effect.
The
arbitration panel shall consist of one (1) neutral arbitrator if the
amount in
controversy in less than $25,000, otherwise the panel shall consist of
three (3)
neutral arbitrators, each an attorney with at least five (5) years of
experience
in the primary area of law as to which the dispute relates. The costs of
the
arbitration shall be shared equally by the parties, provided that, the
arbitrator may award attorneys costs and expenses to the prevailing
party. The
parties agree that any actions or disputes shall be adjudicated between
the
parties hereto, and shall not be combined with any other actions or
disputes of
other parties. Notwithstanding the foregoing, this arbitration clause
shall not
in any way be deemed to limit Contacts right to commence an action in an
appropriate court (and without submitting to arbitration) to protect its
intellectual property rights or enjoin prohibited use of the Web Site,
the
Service, and the Mobile App.

18. Governing Law. The laws of
the
State of New York shall
govern these Terms of Use. Subject to the arbitration provision above,
YOU
HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE
COURTS
LOCATED IN NEW YORK COUNTY, NEW YORK FOR ALL MATTERS ARISING IN
CONNECTION WITH
THESE TERMS OF USE OR YOUR ACCESS OR USE OF THE WEB SITE, THE SERVICE,
OR THE
MOBILE APP.

19. Force Majeure. Contacts
shall not
be responsible for damages
caused by delay or failure to perform, in full or in part, any of its
obligations in connection with the Web Site, the Services, or the Mobile
App
provided that there is due diligence in attempted performance under the
circumstances and that such delay or failure is due to fire, earthquake,
unusually severe weather, strikes, government sanctioned embargo, flood,
act of
God, act of war or terrorism, act of any public authority or sovereign
government, civil disorder, delay or destruction caused by public
carrier, or
any other circumstance substantially beyond the control of Contacts.

20. Entire Agreement. These
Terms of
Use and the other policies
and terms posted on the Web Site set forth the entire agreement between
you and
Contacts on this subject matter and supersede all other negotiations,
understandings, statements and agreements between the parties.

21. Questions. Should you have
any
questions regarding these
Terms of Use you may contact us at
info@belgios.net
Notwithstanding the foregoing, Contacts is under no obligation to
provide
technical support for the Web Site, the Service, or the Mobile App.

DECLINE

AGREE

AND CONTINUE TO

RESERVATION

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