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.
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.
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.