Gay Travel Terms & Conditions
GayTravel.com (hereinafter “GT”) Partner Services Agreement: Terms and Conditions
1. Binding Agreement: By signing the Partner Services Agreement, the Company agrees that this document is a binding agreement and further agrees to the terms and conditions contained herein.
2. Company Warranties: Company has the sole responsibility for the content of its Website, including, without limitation any email addresses therein. The company further warrants and represents that:
a. Company is authorized to promote and sell all products and/or services listed in its Website;
b. Company has the right to use all content on its Website including trademarks, service marks, names, information, images, artwork, and likenesses;
c. Company has the right to use all copyrighted work to be reproduced in its advertising and the Company has the sole responsibility to register and protect the same; and
d. Company’s advertising will not infringe any trademark, copyright, right to publicity, right of privacy, or other intellectual property rights of a third party, nor will it constitute false, deceptive, or unfair advertising or disparagement under applicable law; Company’s Website complies with all applicable laws and/or regulations, including, for example, licensing requirements and administrative or professional rules and regulations; Any prices, discounts, or product availability quoted on Company’s Website shall be complete, accurate and honored by Company. The company agrees to indemnify and hold harmless GT as to any attorney’s fees, expenses, losses, or damages, which GT may sustain as a result of its Website or the content provided by the Company to GT.
3. Time is of the Essence: Company acknowledges that its delay in providing content on a timely basis as required under this Agreement, including images, questionnaire responses, banner files, etc. may cause Company to forfeit its right to receive all publications and promotions due to Company as set out in this Agreement. No refunds are due to Company with regard to this agreement or any extensions of this Agreement term should Company fail to timely provide said content.
4. Term/Renewal/Termination. The initial term of this Agreement shall be for the term as set forth on the Partner Services agreement (the “Initial Term”) commencing on the date this Agreement is executed by authorized officers of the Company. At the expiration of the Initial Term, the parties will agree as to the term of any extension hereto. GT may terminate this Agreement at any time, without notice, if payment is not made as required by this Agreement.
5. Entire Agreement: This Agreement (along with the Partner Services Agreement) sets forth the entire agreement and understanding of the parties hereto concerning the subject matter hereof; supersedes and replaces all prior agreements, arrangements, and understandings between the parties; and may be amended, modified, superseded or canceled only by a written instrument executed by both parties and their duly authorized representatives.
6. Limitation of Liability: GT will use all reasonable efforts to fulfill the deliverables of this Agreement as stated herein. GT does not warrant that the functioning of any Network will not affect the publics’ ability to view the GT Website or social media channels. Any liability that we or any affiliate, employee, agent, may have due to errors and omissions with respect to this Agreement or any other obligation under this Agreement shall not exceed the amount of charges for the services rendered herein. This limitation of liability applies to all claims in contract, tort, and strict liability or otherwise and to any loss of business, profits, or additional costs incurred.
7. Force Majeure: If either party is prevented from performing any of its duties and obligations hereunder in a timely manner by reason of any act of God, strike, labor dispute, public disaster, equipment, software or technical malfunctions or failures, power failures, or interruptions or any other reason beyond its reasonable control, such condition shall be deemed to be a valid excuse for the delay of performance or for nonperformance of any such duty or obligation for the period during which such condition exists.
8. Disputes and Small Claims Court: The Parties agree to resolve any dispute relating to this Agreement, which dispute cannot be resolved amicably, through the Small Claims Court system, in Stuart, Florida. The parties hereby agree that the Small Claims Court ruling shall be the final resolution of the dispute.
9. Final Approval: All Content (including but not limited to banner advertisements, images, and text), provided by Company is subject to GT approval. GT reserves the right to revise Content that violates its editorial and content guidelines.
ACCEPTANCE OF AGREEMENT: Company acknowledges having read, understood, and agreed to the terms and conditions above and contained within this contract. The signator, personally, or as an authorized representative of the company, agrees to the terms and conditions of this Agreement as set forth above.