TERMS & CONDITIONS
PLEASE READ THIS USER AGREEMENT
AND THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE OR
ACCESSING SERVICES. Your use of this site is expressly
conditioned on your acceptance of the following user agreement and
terms and conditions. By using this site, you signify your assent to
this user agreement and these terms and conditions. If you do not
agree with any part of the following, you must not use this site.
USER AGREEMENT AND TERMS AND CONDITIONS
OWNERSHIP. This site, and each of its sections and modules,
together with the arrangement and compilation of the content found on
this site, is the owned and copyrighted property of Carnright
Design/EMCS and/or its various third party providers and
distributors. Much of the content found on this site is owned by
third party providers and distributors and, specifically, certain
data relating to schedules is the copyrighted work of other
information providers. In addition, any of the trademarks, logos and
service marks displayed on this site (collectively, the "Trademarks")
are registered and common law Trademarks of Laceyville, PA, its
affiliates, and various third parties. Nothing contained on this site
should be construed as granting, by implication, estoppels, or
otherwise, any license or right to use any of the Trademarks without
the written permission of Laceyville, PA, or such other party that
may own the Trademarks. Laceyville, PA has the right at any time to
change or discontinue any aspect or feature of the site, including,
without limitation, the content, hours of availability, and equipment
needed to access or use the site.
USE OF SITE. You shall use the site for lawful purposes only.
Laceyville, PA grants you a limited, nontransferable license to use
this site in accordance with the terms and conditions of this User
Agreement. The site contains copyrighted material, trademarks and
other proprietary information, including, without limitation, text,
graphics, photos, button icons, audio and video, digital downloads,
data compilations and software, and the contents of the site are
copyrighted under the United States copyright laws. This site and the
content provided in this site, including, without limitation, text,
graphics, photos, button icons, audio and video, digital downloads,
data compilations and software, may not be copied, reproduced,
republished, uploaded, posted, transmitted or distributed without the
written permission of Laceyville, PA, and/or its third party
providers and distributors, except that you may download, display and
print the materials presented on this site for your personal,
noncommercial home use only. In the event of any permitted copying,
redistribution or publication of copyrighted material, no changes in
or deletion of author attribution, trademark legend or copyright
notice shall be made. You acknowledge that you do not acquire any
ownership rights by downloading copyrighted material. You may not
modify, publish, transmit, display, participate in the transfer or
sale, create derivative works, or in any way exploit, any of the
content, in whole or in part. Except as otherwise expressly permitted
under copyright law, no copying, redistribution, retransmission,
publication or commercial exploitation of downloaded material will be
permitted without the express written permission of Laceyville, PA
and the copyright owner. You may not use any "robot," "spider" or
other automated device, or a program, algorithm or methodology having
similar processes or functionality, or any manual process, to monitor
or copy any of the Web pages, data or content found on this site, in
any case without the prior written permission of Laceyville, PA. You
agree that you will not transmit or otherwise transfer any web pages,
data or content found on this site to any other computer, server, web
site, or other medium for mass distribution or for use in any
commercial enterprise. You agree that you will not use any device,
software or routine to interfere or attempt to interfere with the
proper working of this site. You agree that you will not take any
action that imposes a burden or load on our infrastructure that
Laceyville, PA deems in its sole discretion to be unreasonable or
disproportionate to the benefits Laceyville, PA obtains from your use
of the site. You may only use this site to make legitimate
reservations or purchases and shall not use this site for any other
purposes, including without limitation, to make any speculative,
false or fraudulent reservation or any reservation in anticipation of
demand.
UNAUTHORIZED USE. Unauthorized use of this site and/or the
materials contained on this site may violate applicable copyright,
trademark or other intellectual property laws or other laws. You
shall not post or transmit through the site any material which (a)
violates or infringes in any way upon the rights of others or
violates their privacy or publicity rights, (b) is protected by
copyright, trademark or other proprietary right, unless with the
express written permission of the owner of such right, (c) contains a
virus, bug or other harmful item, (d) is used to unlawfully collude
against another person in restraint of trade or competition, (e) is
unlawful, threatening, abusive, defamatory, invasive of privacy,
vulgar, obscene, profane or otherwise objectionable, or (f) which
encourages conduct that would constitute a criminal offense, gives
rise to civil liability or otherwise violate any law. Without
Laceyville, PA' express prior approval, you shall not post or
transmit through the site any material which contains advertising or
any solicitation with respect to products or services. You shall not
use the site to advertise or perform any commercial solicitation,
including, without limitation, the solicitation of users to become
subscribers of other on-line information services competitive with
the site. Any conduct by you that in Laceyville, PA' discretion
restricts or inhibits any other user from using or enjoying the site
will not be permitted. You shall not upload, post or otherwise make
available on the site any material protected by copyright, trademark
or other proprietary right without the express permission of the
owner of the copyright, trademark or other proprietary right and the
burden of determining that any material is not protected by copyright
rests with you. You shall be solely liable for any damage resulting
from any infringement of copyrights, proprietary rights, or any other
harm resulting from any such submission. You must retain all
copyright and trademark notices, including any other proprietary
notices, contained in the materials, and you must not alter, obscure
or obliterate any of such notices. The use of such materials on any
other Web site or in any environment of networked computers is
prohibited. You shall be solely liable for any damages resulting from
any infringement of copyright, trademark, or other proprietary right,
or any other harm resulting from your use of this site
AGE AND RESPONSIBILITY. If you use this site, you are
responsible for maintaining the confidentiality of your account
information and your password. You agree to accept responsibility for
all activities that occur under your account or password. You
represent that you are of sufficient legal age to use this site and
to create binding legal obligations for any liability you may incur
as a result of the use of this site. You understand that you are
financially responsible for all uses of this site by you and those
using your login information.
PRIVACY POLICY. Your use of the site constitutes your
acceptance of Laceyville, PA Privacy Policy. You hereby agree that
you have read and understood the Laceyville, PA Privacy Policy, the
terms of which are incorporated into the Laceyville, PA web site, and
agree that the terms of such policy are reasonable. You consent to
the use of your personal information by Laceyville, PA and/or its
third party providers and distributors in accordance with the terms
of and for the purposes set forth in the Laceyville, PA Privacy
Policy.
SUBMISSIONS. By submitting material to any public area of the
site, you automatically grant, or warrant that the owner of such
material has expressly granted Laceyville, PA the royalty-free,
worldwide, perpetual, irrevocable, non-exclusive right and license to
use, reproduce, modify, adapt, publish, display, translate and
distribute such material (in whole or in part) and/or to incorporate
it in other works in any form, media or technology now known or
hereafter developed. You also permit any other users of the site to
access, view, store or reproduce the material for their personal use.
You grant Laceyville, PA the right to edit, copy, display, publish
and distribute any material made available on the site by you.
MONITORING AND REVIEW OF TRANSMISSIONS. Laceyville, PA shall
have the right, but not the obligation, to monitor the content of the
site, including chat rooms and discussion list and forums and to
remove any material that Laceyville, PA, in its sole discretion,
finds to be in violation of the provisions hereof or otherwise
objectionable. Laceyville, PA may, from time to time monitor and
review any information transmitted or received through this site and
reserves the right to sensor, edit, remove or prohibit the
transmission or receipt of any information that Laceyville, PA deems
inappropriate or in violation of these terms and conditions. During
monitoring, the information may be examined, recorded or copied, and
your use of this site constitutes your consent to such monitoring and
review. You agree that if you submit suggestions, ideas, comments or
questions or post any other information on this site, you grant
Laceyville, PA and its affiliates a worldwide, non-exclusive,
royalty-free, perpetual, irrevocable, and fully sub-licenseable right
to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute and display such content in any
form, media or technology. Laceyville, PA takes no responsibility and
assumes no liability for any content posted or submitted by you.
DISCLAIMER OF WARRANTY. YOU EXPRESSLY AGREE THAT USE OF THE
SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND THOSE ARISING BY
STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF
TRADE. NEITHER Laceyville, PA, NOR ITS AFFILIATES, NOR ANY OF THEIR
RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR
LICENSORS WARRANT THAT THE SITE AND ITS EMAILS, SERVERS AND
COMMUNICATIONS DEVICES WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DO THEY MAKE ANY WARRANTY AS
TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO
THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY
INFORMATION, CONTENT, SERVICE OR MERCHANDISE PROVIDED THROUGH THE
SITE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES,
SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES
YOU SPECIFIC RIGHTS WHICH VARY FROM STATE TO STATE.
LIMITATION OF LIABILITY. Laceyville, PA ASSUMES NO RESPONSIBILITY AND
WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS OF ANY KIND, INCLUDING,
WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE,
CONSEQUENTIAL OR SIMILAR DAMAGES, FOR, INCLUDING, WITHOUT LIMITATION,
LOST PROFITS, SAVINGS, OR REVENUES WHETHER BASED IN CONTRACT, TORT,
STRICT LIABILITY, OR OTHERWISE, LOSS OF USE OR SIMILAR ECONOMIC LOSS
ARISING OUT OF OR RESULTING FROM YOUR POSSESSION, LOSS OR DAMAGE FROM
VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON
ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR
DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM
THE SITE, ACCESS OR USE OF THE SITE OR THE INFORMATION OR MATERIALS
PROVIDED THEREIN, LIABILITY ARISING FROM YOUR RELIANCE ON THE
CONTENTS OF THE SITE OR AFFILIATED SITES, ERRORS IN THE DATA, AND
DATA LOSS OR CORRUPTION, REGARDLESS OF THE BASIS OF SUCH LIABILITY,
OR ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR
INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR
TICKETING), OR THE PERFORMANCE OR NON PERFORMANCE BY Laceyville, PA
OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS, EVEN IF SUCH PARTY HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY
OTHER PARTY. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR
INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR
DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS
SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING
STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT Laceyville, PA IS NOT LIABLE FOR
THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD
PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY
WITH YOU. If, notwithstanding the foregoing, Laceyville, PA or any
third party provider or distributor should be found liable for any
loss or damage which arises out of or is in any way connected with
any of the above described functions or uses of this site or its
content, the liability of Laceyville, PA.com and the third party
providers and distributors shall in no event exceed, in the
aggregate, the greater of (a) the membership or subscription charges
for accessing this site, or (b) US$100.00. In its sole discretion, in
addition to any other rights or remedies available to Laceyville, PA
and without any liability whatsoever, Laceyville, PA at any time and
without notice may terminate or restrict your access to any section,
module or component of this site.
EXCEPTIONS: APPLICABLE LAW IN SOME STATES MAY
NOT ALLOW THE DISCLAIMER OF WARRANTIES OR THE LIMITATION OR EXCLUSION
OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO
YOU. IN NO EVENT SHALL Laceyville, PA TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT
(INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY
(INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY,
FOR ACCESSING THIS SITE.
INDEMNIFICATION. You agree to defend,
indemnify and hold harmless Laceyville, PA and its affiliates and
their respective directors, officers, employees and agents from and
against any and all claims, actions, demands, damages, costs,
liabilities, losses and expenses including, without limitation,
reasonable legal and accounting fees, brought by or on your behalf in
excess of the liability described herein or by third parties as a
result of your use of this site and any information, services and/or
goods provided via the site.
THIRD PARTY CONTENT AND LINKS. Laceyville, PA
is a distributor (and not the publisher) of content supplied by third
parties and users of the site. Accordingly, Laceyville, PA has no
more editorial control over such content than does a public library,
bookstore, or newsstand. Any opinions, advice, statements, services,
offers, or other information or content expressed or made available
by third parties, including information providers and users, are
those of the respective author(s) or distributor(s) and not of
Laceyville, PA. In many instances, the content available through the
site represents the opinions and judgments of the respective
information provider or user. Laceyville, PA neither endorses nor is
responsible for the accuracy or reliability of any opinion, advice or
statement made on the site by anyone other than authorized
Laceyville, PA employee spokespersons while acting in their official
capacities. This site also contains links to other Web sites which
are provided solely as a convenience to you and not as an endorsement
by Laceyville, PA, its third party providers, or distributors of the
contents of such other Web sites. Neither Laceyville, PA nor any
third party provider, nor any distributor shall be responsible for
the content of any other Web sites and make no representation or
warranty regarding any other Web sites or the contents or materials
on such Web sites. If you decide to access other Web sites, you do so
at your own risk.
VIRUSES. Laceyville, PA assumes no
responsibility, and shall not be liable for, any damages to, or
viruses that may infect, your computer equipment or other property on
account of your access to, use of, or browsing in the site, or your
downloading of any materials, data, text, images, software, video, or
audio from the site.
EXPORT CONTROL. Software and other materials
from this site may also be subject to United States Export Control.
The United States Export Control laws prohibit the export of certain
technical data and software to certain territories. No software from
this site may be downloaded or exported (1) into (or to a national or
resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any
other country to which the Unites States has embargoed goods; or (2)
anyone on the Unites States Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of Deny
Orders. Laceyville, PA does not authorize the downloading or
exportation of any software or technical data from this site to any
jurisdiction prohibited by the United States Export Laws.
RELATIONSHIP. No agency, partnership, joint
venture, employee-employer, or franchiser-franchisee relationship is
intended or created between you and Laceyville, PA by your use of the
site. Neither of us nor any of our respective officers, agents or
employees will be held or construed to be partners, joint ventures,
fiduciaries, employees or agents of the other.
GOVERNING LAW. These terms of use constitute
the entire agreement of the parties with respect to the subject
matter hereof and supersede all previous written or oral agreements
between the parties with respect to such subject matter. This
Agreement and its performance shall be governed by and construed in
accordance with the laws of the State of Pennsylvania, United States
of America, without regard to its conflict of laws provisions. You
consent and submit to the exclusive jurisdiction of the state and
federal courts located in Montgomery county, the state of
Pennsylvania, United States of America, in all questions and
controversies arising out of your use of this site and this
Agreement. To the extent allowed by applicable law, any claim or
cause of action arising from or relating to your access or use of
this site must be brought within two (2) years from the date on which
such claim or action arose or accrued.
ATTORNEY'S FEES. If Laceyville, PA or its
affiliates take any action to enforce this User Agreement and these
terms and conditions, such parties will be entitled to recover from
you, and you agree to pay, all reasonable and necessary attorney's
fees and any cost of litigation, in addition to any other relief, at
law or in equity, to which such parties may be entitled.
INJUNCTIVE RELIEF. You acknowledge that a
violation or attempted violation of any of this User Agreement and
these terms and conditions will cause such damage to Laceyville, PA
as will be irreparable, the exact amount of which would be difficult
to ascertain and for which there will be no adequate remedy at law.
Accordingly, you agree that Laceyville, PA shall be entitled as a
matter of right to an injunction issued by any court of competent
jurisdiction, restraining such violation or attempted violation of
these terms and conditions by You, or Your affiliates, partners, or
agents, as well as recover from You any and all costs and expenses
sustained or incurred by Laceyville, PA in obtaining such an
injunction, including, without limitation, reasonable attorney's
fees. You agree that no bond or other security shall be required in
connection with such injunction.
TERMINATION. Laceyville, PA may terminate this
User Agreement and these terms and conditions and/or the provision of
any of the services at any time for any reason, including any
improper use of this site or your failure to comply with these terms
and conditions. Such termination shall not effect any right to relief
to which Laceyville, PA and its third party providers and
distributors may be entitled, at law or in equity. Upon termination
of this User Agreement and these terms and conditions, all rights
granted to you will terminate and revert to Laceyville, PA and its
third party providers or distributors, as applicable.
ASSIGNMENT. You may not assign, convey,
subcontract or delegate your rights, duties or obligations hereunder.
MODIFICATION. Laceyville, PA has the right at
any time to change or modify the user agreement and terms and
conditions applicable to use of the site, or any part thereof, or to
impose new conditions, including, without limitation, adding fees and
charges for use. Such changes, modifications, additions or deletions
shall be effective immediately upon notice thereof, which may be
given by any means including, without limitation, posting on the
site, or by electronic or conventional mail, or by any other means.
Any use of the site by you after such notice shall be deemed to
constitute acceptance of such changes, modifications, additions or
deletions.
ADDITIONAL TERMS. Additional terms and
conditions may apply to reservations, purchases of goods and services
and other uses of portions of this site, and you agree to abide by
such other terms and conditions.
SEVERABILITY. These terms and conditions shall
be deemed severable. In the event that any provision is determined to
be unenforceable or invalid, such provision shall nonetheless be
enforced to the fullest extent permitted by applicable law, and such
determination shall not affect the validity and enforceability of any
other remaining provisions.
MISCELLANEOUS. You hereby waive any objection
that may exist, now or in the future, with respect to any of the
foregoing. 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. The section headings used herein are
for convenience only and shall not be given any legal import, nor
will they limit or otherwise affect the terms and conditions herein.
ENTIRE AGREEMENT. This User Agreement,
together with any terms and conditions incorporated herein or
referred to herein constitute the entire agreement between us
relating to the subject matter hereof, and supersedes any prior
understandings or agreements (whether oral or written) regarding the
subject matter, and may not be amended or modified except in writing
or by making such amendments or modifications available on this site.
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