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© 2016 iTravelwholesale.com
AGREEMENT BETWEEN CUSTOMER AND iTravelWholesale.com, LLC.
Welcome to the iTravelWholesale.com website (the "Website"). This Website is provided solely to assist customers in gathering travel information, determining the availability of travel—related goods and services, making legitimate reservations or otherwise transacting business with travel suppliers, and for no other purposes. The terms "we", "us", "our", iTravelWholesale.com., an Arizona corporation. The term "you" refers to the customer/member visiting the Website and/or booking a reservation through us on this Website, or through our customer service agents.
Membership. iTravelWholesale.com operates an internet-based membership travel program known as iTravelWholesale.com (Network). iTravelWholesale.com agrees to sell Member a membership for the Network upon the price, terms and conditions described in the Agreement (“Membership”). You agree that in order to access the Network, you must pay an Annual Network Access Fee. The first year’s Annual Network Fee is included in the purchase price for the Membership.
Purchase Price. The total purchase price of the Membership (the “Purchase Price”) paid in full on the Effective Date.
Annual License Access Fee. The Annual Network Access Fee covers a period of 365 days commencing with the Effective Date of the anniversary of the Effective Date (each successive period is referred to as a “Year”), unless extended by iTravelWholesale.com in its sole discretion. Once paid, no portion of the Annual Network Access Fee is refundable. The Annual Network Access Fee for the first year is included in the Purchase Price. The Annual Network Access Fee is $149.00.
Applicable Law. This Agreement shall be construed in accordance with the Arizona law, with exclusive venue in Phoenix, Arizona.
Entire Agreement. This Agreement together with the General Condition and Attachments attached hereto and incorporated herein by reference constitute the entire agreement between iTravelWholesale.com and Member. No other representations, oral or written, may otherwise be relied upon by Member. Member acknowledges and agrees that he/she has read the Agreement and received a copy of the Agreement.
Website and Network Benefits. Members in good standing shall be entitled to use all of the Network Benefits offered on the Website (http://iTravelWholesale.com). Network Benefits include without limit: the opportunity to reserve hotel rooms and other accommodations; purchase vacation packages; book cruises; rent automobiles; purchase attraction tickets and excursions; obtain shopping and dining coupons; and participate in the Member Rewards programs. iTravelWholesale.com reserves the right to determine, in its sole discretion, the Network Benefits offered to Members on iTravelWholesale.com. iTravelWholesale.com may, in its sole discretion and without liability or penalty, add, modify or discontinue third party vendors, providers and suppliers (collectively referred to herein as (“Suppliers”) and Network Benefits without notice to Members. Member acknowledges and agrees that he/she has not purchased the Membership in reliance on the inclusion of any specific Supplier or Network Benefit.
Reservations/Using the Network. Network benefits are offered on a live, real-time basis from a variety of Suppliers. Therefore, availability and pricing is not guaranteed until reservations are confirmed. Reservation must be made either on-line through iTravelWholesale.com or by calling the Network Reservation Center. All reservations are filled on a first come, first serve, and space availability basis. iTravelWholesale.com will use commercially reasonable efforts to disclose any additional details or changes to applicable Network Terms and Conditions at the time of booking/purchase or in the written confirmations. The person named in the written confirmation must be present in order to check-in/obtain the goods or services.
Substitutions. In the event a Supplier or Network Benefit is discontinues or changed, iTravelWholesale.com will honor all confirmed and/or paid reservation. However, in the event a confirmed and/or paid reservation/purchase cannot be fulfilled for any reason, iTravelWholesale.com will provide a substitution of equal or greater value. If no substitution is available or if the substitution does not satisfy the Member, a full refund of the amount paid by the Member for the reservation/purchase will be issued. In no event may a refund exceed the amount paid by the Member.
Administration and Fulfillment. iTravelWholesale.com is responsible for managing memberships, administering the Network and the Website and providing Network Benefits. iTravelWholesale.com reserves the right to contract with one or more third parties to perform its duties in its sole discretion. iTravelWholesale.com reserves the right, in its sole discretion, to add, remove or substitute Suppliers.
Member’s Representations. Member represents and acknowledges that (i) Member is of legal age and has the capacity to acquire the Membership and use the Network Benefits; (ii) the Membership cannot be resold or used for commercial purposes; (iii) Member must comply with this Agreement including the Network Terms and Conditions, as the same may exist at times; (iv) Member will not initiate frivolous, unreasonable or fraudulent credit card chargebacks; (v) Member shall be personally reasonable for any damage to Supplier’s property.
Cancellation of Membership by Member. A member who cancels his/her purchase of Membership will receive a full refund of the Purchase Price. Provided, however, Member did not utilize any services on iTravelWholesale.com. Member is not entitled to a refund of the purchase price in the event that the Member utilized services on iTravelWholesale.com. iTravelWholesale.com shall have the right to reimbursement from the refund for any third party incentives used by Member. Member is not entitled to a refund of the Annual Network Access Fee.
Limitation of Membership by iTravelWholesale.com. iTravelWholesale.com shall not be liable for bodily injury, damage to personal property, theft of personal property, other damages, or losses (“Claims”) incurred by Member, Member’s family or Member’s companions caused directly or indirectly by the actions or omissions of any Supplier or by natural disaster, act of God, war, terrorism, or insurrection, absent direct causation. If iTravelWholesale.com is found to be liable in connection with any Claim, damages shall be limited to the amounts paid to iTravelWholesale.com by Member pursuant to this Agreement. In no event shall iTravelWholesale.com be responsible for any incidental, consequential, or special damages of any kind, including without limitation, lost opportunities, even if advised of the possibility of such damages in advance and regardless of the cause of action upon which any such claim is based.
Assignment. iTravelWholesale.com may assign all or any part of its/their right, title and interest under this Agreement provided that such assignment shall not materially and adversely affect Memberships. Upon any assignment to a third party, iTravelWholesale.com shall be completely released from all duties, claims, demands, or causes of action arising from or relating to the Memberships and this Agreement occurring after the date of such assignment.
PAY WITH POINTS. iTravelWholesale.com allows points (“Reward Points Programs”) to be redeemed for certain travel-related goods and services on the Website. If you use or register to use any points on the Website these terms and conditions apply. To be eligible to use points on the Website, you must have an iTravelWholesale.com account.
REDEEMING POINTS. There is no fee to redeem your points at iTravelWholesale.com. Points may only be redeemed for eligible purchases of our travel-related goods and services that we will determine in our discretion. Your Reward Points will deduct from your account balance the amount of points you elect to use toward your eligible purchase.
COPYRIGHT AND TRADEMARK NOTICES. All contents of this Website are ©2016 iTravelWholesale.com. All rights reserved. iTravelWholesale.com is a registered trademark in the U.S. and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners.
If you are aware of an infringement of our brand, please let us know by emailing us at email@example.com.
LINKS TO THIRD-PARTY SITES. This Website may contain hyperlinks to websites operated by parties other than iTravelWholesale.com. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.