Sweet and Savory Travel

Terms and Conditions

Terms and Conditions

Welcome to the Sweet and Savory Travel (“Agent”) website located at www.sweetandsavorytravel.com (“Site”). The following terms and conditions (“Terms”) govern your use of this Site. By accessing, viewing or using the content, material or services available on or through this site, you indicate that you have read and understand these Terms, that you agree to them and intend to be legally bound by them. If you do not agree to these Terms, or if you are under 18 years of age, you are not granted permission to use this Site, and must exit immediately. The Site must not be used by children under 18 years of age.

Use of the Site and Registration. We welcome the accessing, viewing or using of the content, materials or services available on or through this site for personal use in accordance with these Terms. Do not use the Site or Site Material (as defined below) for your commercial purposes without our written consent. The Site may allow you to access certain content, services, products or benefits, including purchasing certain products or services from the Site. in addition to the other obligations and restrictions set forth herein, you agree that you May not use the Site if you are not able to contract or are under the age of 18.

Propietary Rights. As between any user and [Agent], [Agent] owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components, audio clips, video clips, software concepts and documentation and other material on, in or made available through the Site (“Site Material”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Material. All Site material is protected pursuant to the United States copyright, trademark, patent and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Materials. As between any user and [Agent], all names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Site are proprietary to [Agent] or its affiliates, licensors, service providers or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site, other than the right to use the Site in accordance with these Terms.

Unauthorized Activities. You agree that you will not use the Site for (a) any illegal or unauthorized purposes that violate any laws (including import, export and copyright laws); (b) modifying, adapting or hacking into the Site, or for modifying another website so as to falsely imply that it is associated with [Agent]; (c) uplodading, posting, hosting, or transmitting unsolicited email, SMS’s, “spam” messages, worms or viruses or any code of a destructive nature; (d) contacting any other user of the Site who has requested not to be contacted; (e) stalking or harassing anyone; or (f) attempting to gain unauthorized access to [Agent]’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Site, or any services provided through the Site. You further agree not to modify, distribute, copy, exchange, disseminate, archive, reproduce, transmit, publicly display, publicly perform, broadcast, retransmit, publish by hard copy or electronic means, adapt, edit, compile or create derivative works of the Site Material, or otherwise use the Site Material in any way for any purpose without prior written approval from Agent]. You acknowledge and agree that the unauthorized use of the Site Material could cause irreparable harm to [Agent] and that in the event of such unauthorized use, [Agent] shall be entitled to an injunction in addition to any other remedies available at law or in equity.

Payment, Refunds and Cancellations. Some products or services offered on the Site (such as booking travel) require you to make a purchase. By registering for such services from [Agent] , or purchasing products, you represent that you are (18) years of age or older. You are responsible for all charges incurred under your account, whether made by you or another person using your account in order to make a purchase. [Agent] may use the services of third parties. If for any reason [Agent] does not receive payment for a purchase [Agent] may excercise its rights in law and equity, including (a) immediately suspending or terminating your account; (b) seeking collection of the outstanding amount owed; and/or (c) seeking legal action against you for the breach of these Terms. You are also responsible for paying any governmental taxes imposed in connection with use of the Site, including sales, use or excise taxes. Prices may vary. To the extent that [Agent] is obligated to collect such taxes, the applicable tax will be added to your billing account.

Materials Submitted to the Site. The Site may allow you to contribute content, information, text, files, graphics, personal listings, messages, reviews, notes, postings, and other materials and information to access, use, and commentary by other users to the Site (“User Content”). Failure to comply with these Terms, including any Rules of Conduct, may result in immediate removal of any User Content. By posting user content, you represent that you
have the full legal right to provide the User Content and that use of the User Content by the Site, and all other persons and entities will not (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, or regulation; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully threatening or unlawfully harassing; (d) impersonate any person or entity or falsely state or otherwise imply an affiliate with a person or entity or is generally false, deceptive, misleading, deceitful, misinformative or constitutes a “bait and switch”, (e) be obscene, child pornographic or indecent; (f) violate any community or internet standard; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such or that are intended to do any of the foregoing; (h) constitute misappropriation of any trade secret or know-how; or (i) constitute disclosure of any confidential information owned by any third party.

Upon your submission of User Content or any other material or information to [Agent], you grant [Agent a worldwide, perpetual, non-terminable, non-exclusive, irrevocable, transferable, royalty-free license to access, use, distribute, perform, reproduce, display, modify, creat derivative works based upon, and sublicense, and to permit others to access, use, distribute, perform, reproduce, display, modify and create derivative works based upon the User
Content, all without any compensation to you whatsoever. [Agent] may refuse to post or remove User Content from the Site that violates any of the warranties provided in the preceding paragraph or for any reason. [Agent] shall not be
responsible for changes, modifications, or removal of any User Content that you submit to the Site. If you believe that any content or postings on the Site violate your intellectual property or other rights, please follow our Complaint
Procedure in located below of these Terms.

Third Party Web Sites and Content. The Site is available for informational purposes only, and parties other than [Agent] may provide products, services or content on the Site. Additionally, the Site contains links to other internet Web Sites for the convenience of users in locating information, products, or services that may be of interest. [Agent] does not endorse or recommend the products or services of a particular third party entity, and neither [Agent] does not endorse or recommend the products or services of a particular third party entity, and neither [Agent] nor its licensors, suppliers, or service providers make any guarantees, warranties or representations regarding any content, information or materials located on the Site or the quality of the products or services provided by any third parties on the Site. [Agent] and its licensors, suppliers and service providers are in no way responsible for any products or services requested by you through the Site, or from any third party whose information was obtained through the Site. Any agreement entered into between you and a third party located on the Site is independent of [Agent] and the terms and rights of such agreement is your sole responsibility. It is your individual responsibility to make any investigation that you feel may be necessary or appropriate before entering into any online or offline transaction with any registered user of the Site, or any third party. Use of the Site and the Site Materials and any other material or content on and made available through the Site is entirely at your own risk. Neither [Agent] nor its licensors, service providers or suppliers recommend and each expressly disclaims any responsibility for the content, the accuracy of the
information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct, or enter into with third parties. Your use of third parties’ websites is at your own risk, and subject to the terms and conditions of such other websites. [Agent] may not always identify paid services and communications as such.

Privacy Statement. Any personal information that you provide to [Agent] on the Site is subject to our Privacy Statement located in the About Us Navigation Bar, which is incorporated into these Terms by reference. Please be advised that the confidentiality of any communication or material transmitted to [Agent] via the Site or Internet electronic mail cannot be guaranteed, including, for example, personal information such as your address or name. Alternatively, you may contact [Agent] by email at Email Karen, or by phone at 903-686-0134.

Disclaimer. [Agent], its subsidiaries, affiliates, licensors, service providers and suppliers are not responsible for and do not guarantee the accuracy or completeness of any Site Material, User Content, links, advertisements or other items contained within the Site. [Agent] reserves the right to immediately remove any Site Material or User Content for any reason, or for no reason. [Agent] cannot and does not review all communications made on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any User Content, Site Material, the Site or the products or services made available in connection with the Site, including registration information or profile information for a Member, or information posted to the ratings and messaging features at any time, with or without notice in its sole
discretion. You agree that you must evaluate and bear all risks associated with
the use of Site Material or User Content. Travelers should review any applicable
travel prohibitions, warnings and advisories issued by the United States
Government or other authorities prior to booking travel to any destinations.
Such information may be found on this Site’s navigation bar called Travel

The Site, the Site Materials and user content and materials on, in and
made available through the Site, and the services, products, information and
other materials on and in, and made available through the Site is made available
“as is”, and “with all faults.” Use of Site is entirely at your own risk.
Although [Agent] or its licensors, service provider or suppliers may make
certain travel recommendations or accommodations for members and users, neither
[Agent] nor its licensors, service provider or suppliers represent or warrant
that travel to such destination is safe, advisable or with risk, and [Agent] and
its licensors, service providers and suppliers shall not be liable for any loss
or damages that may result from such travel. [Agent] and its licensors, service
providers and suppliers make no representations or warranties, and disclaim all
representations and warranties, with respect to the Site, the User Content, the
Site Materials, the services, products, information and other materials, on and
in, and made available through the Site, express or implied, written or oral,
arising from the Course of dealing, course of performance, usage or trade, or
otherwise, including the implied warranties of merchantability, fitness for a
particular purpose, systems integration, non-interference, quality, title,
non-infringement, and accuracy, including any inaccuracies relating to any
information on the Site regarding hotels and amentities, airfare, cruises, car
or other transportation, pricing, photographs, and general product and service
descriptions. The entire risk as to satisfactory quality, performance, accuracy,
completeness and effort with regard to any and all User Content, the Site, the
Site Materials, and the services, products, information and other materials on
and in, and made available through the Site, is with you.

Liability. [Agent] and its affiliates, subsidiaries, licensors, service
providers and suppliers shall not be liable for any direct, indirect, special,
incidental, consequential, exemplary, extra-contractual, or punitive damages of
any kind whatsoever, including lost revenues or lost profits, which may or does
result from the use of, access to, or inability to use the Site, the User
Content, the Site Materials, the services, products, information and other
materials on and in, and made available through the Site (including your
reliance upon any opinions appearing on the Site), regardless of legal theory,
whether or not you or [Agent], or any of its licensors, service providers or
suppliers had been advised of the possibility or probability of such damages,
and even if the remedies otherwise available fail of their essential purpose.
Under no circumstances will the total liability of [Agent], and its affiliates,
subsidiaries, licensors, service providers, or its supplier to you or any other
person or entity in connection with, based upon, or arising from the Site, User
Content, the Site Materials on, in and made available through the Site, or the
services, information, or products offered in connections therewith exceed the
price paid by you during the preceding year for use of the Site. Some states do
not allow the limitation or exclusion of liability for incidential or
consequential damages, so the above limitation or exclusion may not apply to
you. If any part of this limitation on liability is found to be invalid or
unenforceable for any reason, then the total liability of [Agent] and its
affiliates, subsidiaries, licensors, service providers or its suppliers shall
not exceed ten dollars ($10). If you are dissatisfied with the Site, or with any
of these Terms, or feel [Agent] has breached these Terms, your sole and
exclusive remedy is to discontinue using the Site.

Indemnification. You shall indemnify [Agent] and its members, managers,
directors, officers, employees, agents, licensors, service providers, suppliers
or contractors (“[Agent] indemnitees”) against all claims, actions, suits, and
other proceedings (“Claims”) arising out of or incurred in connection with the
Site and your use of the Site or services obtained through the Site, your fraud,
violation of law, negligence, willful misconduct, or any other use of the Site,
the User Content, the Site Materials, the services, products, information and
other materials on, in and made available through the Site, (except to the
extent attributable to [Agent], or any breach by you of these Terms and shall
indemnify and hold [Agent] indemnitees harmless from and against all judgments,
losses, liabilities, damages, costs, and expenses (including reasonable
attorneys’ fees and attorneys disbursements) arising out of or in curred in
connection with such Claims. You may not settle any Claim without the prior
written consent of [Agent]. [Agent] or its licensors, service providers, or
suppliers may assume the defense of any Claim, at your sole cost and expense,
and you shall cooperate in all reasonable respects in such defense. You shall
have the right to employ separate counsel in any Claim, and to participate in
the defense thereof. If [Agent] or its licensors, service providers or suppliers
do not notify you that it elects to undertake the defense thereof, you shall
have the right to defend the Claim with counsel reasonably acceptable to [Agent]
subject to the right of [Agent] to assume, at their sole cost and expense, the
defense of any Claim at any time prior to the settlement or final determination

Internet Security. [Agent] uses reasonable efforts to ensure that the
Site is generally available. However, there will be occasions when access to the
Site will be interrupted or unavailable. [Agent] will use reasonable commercial
efforts to minimize such disruption where it is within our reasonable control.
You agree that we shall not be liable to you for any modification, suspension or
discontinuance of the Site. You understand that the technical processing and
transmission of any Site content may be transferred unencrypted and involve (a)
transmissions over various networks; and (b) changes to conform and adapt to
technical requirements of connecting networks or devices. Please be advised that
we do not guarantee that any information sent from our Site will be secure
during transmission, nor can be guarantee the confidentiality of any
communication or material transmitted to [Agent] via the Site or the Internet,
including, for example, personal information such as your name or

Complaint Procedures. If you believe that any content or postings on
this Site violates your intellectual property or other rights, please send to
[Agent] at Email Karen a comprehensive detailed message setting forth
the following information: (a) your name and the name of your company, if any;
(b) your contact information, including your email address; (c) the nature and
substance of your complaint, the specific rights at issue, and your basis for
making the complaint, including the content or posting that is objectionable;
and (d) the following statement: “The statements, representations, and
assertions made in this message are true, complete and accurate, and I have the
full legal authority to make each and every statement, representation and
assertion to make and be granted any demand made in this

Changes to these Terms. [Agent] reserves the right at any time to
modify, alter or update these Terms and the date of the most recent version will
appear on this page. Although [Agent] will post a notice of any such changes, it
is your responsibility to reguarly check the Site to determine if there have
been any changes to these Terms and to review such changes. Your use of the Site
following any changes means that you agree to follow and be bound by the terms
as changed. Any change to these Terms shall be effective as to any visitor who
visited the Site before the change was made. It is the obligation of users
visiting the Site before the change to learn of changes to the Terms since their
last visit. [Agent] reserves the right to terminate your access to this Site
with or without notice in the event that you violate these Terms, for any reason
whatsoever or for no reason.

Governing Law and Jurisdiction. These Terms represent the entire
agreement between you and [Agent] with respect to the subject matter hereof, and
supersede any and all prior and contemporaneous written and oral
representations, understandings, and agreements, express or implied, and will
be governed by and construed in accordance with the laws of the State of Texas,
without reference to its conflict of law rules; provided, however, that the
terms of any applicable law nor or hereafter enacted that is based on, derived
from, similar to, or connected with the Uniform Computer Information
Transactions Act drafted by the National Conference of Commissioners on Uniform
State Laws shall not apply except to the extent that the law expressly
prohibits alteration by these Terms of the applicability of one or more
sections of the law. By accessing, viewing, or using the Site, Services, Site
Material, Content or any works on the Site, you consent and agree to (a) the
exclusive jurisdiction of the Federal and State courts located in Gregg County,
Texas; (b) accept service of process by peronal delivery or mail; and (c)
irrevocably waive the right to trial by jury and any jurisdictional and venue
defenses otherwise available.

Miscellaneous. The Site is controlled and operated from within the
United States. Without limiting anything else, [Agent] makes no representation
that the Site, Site Materials, User Content, services, products, information or
other materials available on, in or through the Site is appropriate or available
for use in other locations, and access to them from territories where they are
illegal is prohibited. You may not acquire goods, services or software through
the Site if: (a) you are in, under the control of, or a national or resident of
Cuba, Iran, North Korea, Sudan or Syria, or if you are on the United States of
America Treasury Department’s Specially Designated National List, or the United
States of America Commerce Department’s Denied Persons List, Unverified List or
Entity List; or (b) you intended to supply the acquired goods, services or
software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident
of one of those countried), or to a person on the Specially Designated Nationals
List, Unverified List or Entity List. Those who choose to access the Site from
other locations do so on their own violition and are responsible for compliance
with applicable laws. The waiver or failure of [Agent] to exercise in any
respect any right provided hereunder shall not be deemed a waiver of such right
in the future or a waiver of other rights established under these Terms.
Headings used in these Terms are for reference only, and shall not affect the
interpretation of these Terms. No person or entity not a party to this agreement
will be deemed to be a third party beneficialy of these Terms or any provision
hereof. When used herein, the words “includes” and “including” and their
syntactical variations shall be deemed followed by the words “without

Dated: December, 2011

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Sweet and Savory Travel
Longview, Texas | Call:(903) 686-0134 | Email: Email Karen
Florida Seller of Travel #ST15578 | California Seller of Travel #2090937-50 | Washington Seller of Travel #603189022
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