VACATIONPORT® TERMS OF SERVICE AGREEMENT

VacationPort®, ("VacationPort®") welcomes you. VacationPort® provides content and services available to you on the VacationPort® site (https://www.vacationport.com) (or any part thereof), any site that VacationPort® hosts (or any part thereof), and any site that uses VacationPort's Web hosting tools and services (the "Sites") subject to the following Terms of Service ("TOS"), which may be updated by us from time to time.

Certain personal information about you that you provide to VacationPort® on https://www.vacationport.com is subject to our Privacy Policy. Certain personal information about you that you provide to users of Sites is subject to the privacy policies' of the operators of the Sites, and VacationPort® has no liability for their use of your personal information. For more information, see our full privacy policy at https://www.vacationport.com/privacy.asp.

ACCEPTANCE OF TERMS

You understand that through your use of this site (https://www.vacationport.com), you consent to the Privacy Policy and this TOS.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

VacationPort® respects the intellectual property of others, and we ask our users to do the same. In addition to this Site, VacationPort® does host a variety of web sites and provides third parties with VacationPort® web hosting services and tools. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, on these Sites, please provide VacationPort's Copyright Agent the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

VacationPort's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Copyright Agent
c/o VacationPort®
9786 SW Nimbus Avenue
Beaverton, OR, 97008

By phone: 503-626-7766
By fax: 503-626-8676
By email: rightsagent@passportonlineinc.com

MODIFICATIONS TO THE SITES

VacationPort® reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites (or any part thereof) with or without notice. You agree that VacationPort® shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites.

CONTACTS WITH SITE ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers. You agree that VacationPort® shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Sites.

LINKS

The Sites may provide, or third parties may provide, links to other World Wide Web sites or resources. Because VacationPort® has no control over such sites and resources, you acknowledge and agree that VacationPort® is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources.

GRAPHIC AND TEXTUAL CONTENT

Graphic and textual content included with or originating from VacationPort® and its associated products may be via direct ownership control or licensed by or to VacationPort®, Inc. Use and re-distribution of this content outside of VacationPort® and its associated products is expressly prohibited unless specifically authorized in writing.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VACATIONPORT® AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. VacationPort® AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SITES WILL MEET YOUR REQUIREMENTS; (ii) THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES WILL BE ACCURATE OR RELIABLE; AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VacationPort® OR THROUGH OR FROM THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT VacationPort® AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VacationPort® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

NOTICE

VacationPort® may provide you with notices, including those regarding changes to the TOS, by posting a revised TOS on this site (https://www.vacationport.com).

TRADEMARK INFORMATION

The VacationPort® trademarks and service marks and other VacationPort® logos and product and service names are trademarks of VacationPort® (the "VacationPort® Marks"). Without VacationPort's prior permission, you agree not to display or use in any manner the VacationPort® Marks.

GENERAL INFORMATION

Entire Agreement. The TOS constitutes the entire agreement between you and VacationPort® and governs your use of the Sites, superseding any prior agreements between you and VacationPort® with respect to the Sites.

Choice of Law and Forum. The TOS and the relationship between you and VacationPort® shall be governed by the laws of the State of Oregon without regard to its conflict of law provisions. You and VacationPort® agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Multnomah County, Oregon.

Waiver and Severability of Terms. The failure of VacationPort® to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.