We facilitate your purchase of hotel accommodations but do not ourselves sell hotel accommodations nor are we a co-vendor associated with the vendors of hotel rooms booked through this Site.
Hotel accommodations marketed on our Site are offered pursuant to two different models.
Under the first model, you will pay Active the prevailing room rate available to Active at the time of reservation request, including estimated state and local room taxes and a service fee to cover Active's costs of processing and handling the payment of your room taxes (this is referred to on the Site as the "Estimated Taxes and Service Fee"). We provide an estimate of such state and local room taxes based on tax rate information that has been provided to us by the hotels or which we reasonably expect the hotels to charge. Taxability and the appropriate tax rate and the type of applicable taxes vary greatly by location. Active makes reasonable efforts to ensure that the estimated tax rates charged through this Site are accurate. If you pay to Active the Estimated Taxes and Service Fee, you will have no liability to Active should additional room taxes be due in respect of your room rate beyond what you are charged upon completing your transaction for the room and room nights booked through the Site. In the unlikely event that actual tax rates are in fact lower than the estimated tax rates charged through this Site, Active will retain the difference as part of its service fee.
Under the second model, you will pay Active the prevailing room rate, excluding room taxes. When room taxes are excluded, i.e. required to be paid by you directly to the hotel rather than to Active on the Site, you will be required to pay all such applicable room taxes directly to the hotel at checkout. In this case, we will still provide to you estimated state and local room taxes based on tax rate information that has been provided to us by the hotels or which we reasonably expect the hotels to charge (this is referred to as "Estimated Taxes" on the Site). We do not include any service fee with respect to Estimated Taxes, which are not paid to Active. While Active makes reasonable efforts to ensure that the estimated tax rates are accurate, the actual state and local room taxes charged by the hotel and required to be paid by you may vary.
Please be aware that you (and/or any guests) may also incur charges at hotel(s) that are not payable to Active or included in your quoted price on the Site which nonetheless are your sole responsibility and must be paid by you directly to the hotel at the time of check-out in accordance with the hotel's prevailing policies, including, without limitation, any other governmental charges or taxes, any resort fees/service charges, charges for food and beverage, extra-person or extra-bed charges, gratuities, hotel energy surcharges, parking fees, internet, WI FI, telephone fees, room service, movies, mini-bar, transfers/transportation, and any other incidentals. For this reason, you will be required to provide a valid credit card at time of check-in to cover all such charges. All Members, authorized users and hotel guests must comply with each hotel's standard terms and conditions.
Welcome to Active International.
Information Collected or Received by Active
Personal data refers to any information about personal or factual circumstances of an identified or identifiable person. This includes information and details such as your name, home address or other postal address, telephone number and e-mail address. Active may automatically receive and record information from your browser or mobile device when you visit the website, such as your IP address or unique device identifier and data about which pages you visit in order to allow us to operate and provide goods and services to you. This information is used to prevent fraud, to keep our services secure and to analyze and understand how the services work for members and visitors. Active may also collect, but does not store, credit card information when you place an order.
Ways in Which Active May Use Your Information
Pursuant to a Contract: We may use your data to acquire or perform a contractual obligation or to provide goods or services as requested by you.
Legitimate Interests: Use of your data may be necessary for the purposes of our or a third party’s legitimate interests.
Consent: You may have consented to the processing of your information, which consent can be revoked at any time by you.
This website is hosted in the United States. If you are accessing this website from outside the United States, you are transferring your information to the United States and you consent to such transfer. If you do not want your information transferred to the United Sates, you should not share your information with us or make use of this website. To request information about whether Active holds or processes any of your personal information please contact email@example.com.
When processing your data on the basis of legitimate interests, Active may do so for any of the following reasons.
Providing and Improving our Services: We may use your information to improve and customize our services, including sharing of your information with trusted third parties for such purposes. This is necessary to enable us to pursue our legitimate interests in understanding how our services are being used, create efficiencies and to explore ways to develop and grow our business.
Protecting Against Misuse: Active may use or share your information for security purposes. We do this to enhance protection of our on-line community against spam, harassment, potential infringement, crime and other security risks.
Buying and Selling: Active may facilitate the sharing of information between two parties involved in a transaction. Active may make a customer’s shipping address and payment information directly available to a vendor of products or services the customer wishes to obtain. By making a purchase (example: a hotel reservation), you are directing us to share your information in this way.
Legal and Safety: We may retain, preserve or release your personal information to a third party in the following limited circumstances: in response to lawful requests by public authorities, to protect, establish or exercise our legal rights or defend against legal claims or to prevent, investigate or take action regarding suspected fraud or violations of our policies. In these cases, our use of your information may be necessary for the purposes of our or a third parties legitimate interest in keeping our services secure, preventing harm or crime, enforcing or defending legal rights or preventing damage.
Web Analytics and Statistics: Active may utilize your information to analyze how visitors use our website or services.
In the course of our business, we collect or receive personal information in different ways. We may obtain the data from you or your devices. Active may also obtain information from a third-party with whom Active has a business relationship and publicly available sources.
We may retain your data for the following reasons:
Fulfilling a Contract: When we need the data to fulfill a contract, until such time as the contractual relationship with you ceases or the legal retention periods expire,
Legitimate Interests: If we use the data on the basis of a legitimate interest, until such time as your overriding interest obliges us to delete or anonymise such data, or
Consent: Where you have consented to our use of the data, until such time as you withdraw your consent.
Purposes of Use
Personal data will only be collected by us to the extent and for the purpose for which you provide the data to us or for which we have collected such data.
Active uses third-party companies and individuals such as payment processors, research and analytics companies, security providers and customer management software to help us operate, provide and market our services. These third parties may have limited access to your information, may use your information only to perform the tasks we specify and are obligated not to disclose or use your information for other purposes.
Otherwise, your personal information will not be forwarded to third parties unless you have given your express consent or if Active is obliged to disclose it, at the direction of a court or administrative authority.
We follow generally accepted technical and organizational measures to secure your data against potential risks, such as unauthorized login or access, unauthorized perusal, amendment or distribution, as well as against loss, deletion or misuse.
In order to protect your personal data against unauthorized access by third parties when being transmitted, we secure data transmissions, if necessary, using SSL encryption. This is a standard encryption procedure for online services, particularly for the Internet.
Technical Information and Third-Party Services
When you visit our website, Active collects your IP address and other log file information (such as browser type and language, number of clicks, domain names of web sites visited, pages viewed, the amount of time spent on particular pages and the date and time of visits and page views) for statistical and maintenance purposes.
Rights of the Data Subject
Depending on your location (i.e., if you are in the EU), you may have additional rights with respect to your information, including:
Requirement or Obligation to Provide Data
Insofar as this is not expressly stated, when data is collected, the provision of data is neither required nor obligatory.
If you need technical assistance please contact us at firstname.lastname@example.org.
Active Media Services, Inc.
One Blue Hill Plaza
Pearl River, NY 10965
Attention: General Counsel
Last Updated December 2021
TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR OBTAINING ANY CONTENT, PRODUCTS, OR MAKING ANY BOOKINGS OR PURCHASING ANY PRODUCTS AND SERVICES FROM ACTIVE INTERNATIONAL, INCLUDING THROUGH THIS WEBSITE OR FROM OUR RESERVATION CENTER.
1. CERTAIN DEFINITIONS
The below capitalized terms when used in these Terms shall have the respective meanings assigned below:
2. CONSENT TO TERMS AND CONDITIONS
PLEASE READ THESE TERMS CAREFULLY. YOUR USE OF THIS SITE AND/OR BOOKING/PURCHASING OF ANY PRODUCTS AND SERVICES FROM ACTIVE INDICATES YOUR ACCEPTANCE OF THESE TERMS, INCLUDING THE POLICIES INCORPORATED INTO THEM BY REFERENCE. These Terms govern the use of this Site as well as the relationship between Active and You, including terms that restrict your rights and remedies and provide protection to Active, and also include warranty disclaimers and liability exclusions. These Terms are incorporated into any booking and/or purchase of Products and Services via the Site or the Reservation Center and no alterations to these Terms may be made by our Reservation Center.
IF THERE IS ANY PART OF THESE TERMS YOU DO NOT AGREE WITH OR ACCEPT, YOU MUST NOT USE THE SITE OR BOOK/PURCHASE ANY PRODUCTS AND SERVICES.
3. TRAVEL DOCUMENTS AND IDENTIFICATION REQUIREMENTS
It is the sole responsibility of each Customer to determine, obtain and carry the necessary travel documents, e.g. enhanced driver license, passport, visa and/or other documentation, required by applicable government regulations. Additionally, be advised that certain countries will not admit a traveler if their passport expires within six (6) months of the date of entry. Active is not responsible or liable for any loss incurred in the event of Customer’s failure to have any required travel documentation which may result in, among other things, denied boarding or an undue delay at an airport security checkpoint causing Customer to miss flight(s), and subsequent scheduled travel bookings on cruises and tours. It is Customer’s sole responsibility to determine, obtain and carry any required travel documentation.
When Customer receives any booking confirmation for Products and Services from this Site or the Reservation Center, it is Customer’s sole responsibility to review and verify promptly all such information and contact Active immediately if changes or corrections are required.
4. INDIVIDUAL ENTRY AND EXIT REQUIREMENTS
Each foreign country holds different views of past criminal offenses, whether within or outside of their boundaries. If you have a current or past offense or felony conviction, and you are unsure how the country you are traveling to (or through) views that offense, you are advised to contact that country directly for entry and exit requirements.
Although most travel is completed without incident, travel to certain destinations may involve greater risk than others, and/or specific COVID related requirements. Customer is strongly advised to check and review (and is solely responsible for checking and reviewing) prior to making any bookings (or traveling) all travel prohibitions, warnings, announcements and advisories, including any COVID/pandemic related requirements, including, without limitation, any testing, quarantines, mask requirements, or proof of vaccination, issued from time to time, in the case of domestic travel, any U.S. state and local governmental agencies and Providers for any states on Customer’s domestic travel itinerary, and in the case of any international travel, the U.S. Federal government and its agencies and any foreign country(ies), consulates and Providers on Customer’s international travel itinerary.
BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, ACTIVE DOES NOT REPRESENT OR WARRANT TO YOU THAT TRAVEL TO ANY SUCH DESTINATION(S) IS ADVISABLE, SAFE OR WITHOUT RISK, AND IN NO EVENT SHALL ACTIVE BE LIABLE FOR COSTS, DAMAGES, OR LOSSES THAT MAY RESULT FROM TRAVEL TO ANY SUCH DESTINATION(S) OR FOR ANY INCIDENT(S) OCCURRING DURING YOUR STAY.
6. USE OF THIS SITE AND INFORMATION PROVIDED; AGE LIMITATIONS
Customer must be 18 years or older to use this Site. Each Customer warrants that he/she is at least 18 years of age and possess the legal authority to make travel bookings to purchase Product and Services with Active by any means, including this Site or our Reservation Center in accordance with all Terms herein. Customer agrees to be financially responsible for all travel bookings. Minors (as defined under the laws of Customer’s jurisdiction or residence) are not eligible to register for, access or use this Site, or book any Products and Services available on the Site. The Site is not intended for children. Customer agrees to keep any minors listed under Customers name or account off of this Site. If you are under 13 you should not access this Site or provide to us any identifying information about yourself. Customer warrants that all information supplied by Customer or members of Customer’s household transacting business with Active is true and accurate. Each Customer is responsible for maintaining the secrecy of its User ID and password for this Site. In addition, Customer will be financially accountable for all use of this Site by Customer and anyone using Customer’s password and login information.
7. ADDITIONAL TERMS, CONDITIONS AND REQUIREMENTS OF PROVIDERS
Each Customer understands and agrees that Products and Services are provided subject to the terms, conditions and requirements of each Provider Customer selects (and as identified on Customer’s confirmation). Customer agrees to abide by the terms, conditions and requirements of each Provider as well as these Terms. As example, Providers of hotels accommodations have terms, conditions and requirements regarding, among other things, (i) cancellation and “late check-out”; (ii) presentation at check-in of a valid credit card and picture identification; (iii) check-out by the times indicated by the Provider, and (iv) payment of any amounts due the Provider at time of check-out. Additionally, due to Covid -19 (and its variants) Providers, e.g. hotels, airlines, rental car companies, etc., may also have issued additional requirements such as, among others, mask wearing, temperature or Covid testing, and social distancing. Each Customer is responsible for checking the terms, conditions and requirements of each Provider that pertain to your travel, and we strongly recommend that prior to traveling Customer check the Covid-19 related requirements issued by your Provider, as well as your state of residency, destination state or country.
8. TRAVEL INSURANCE
Active highly recommends that Customer(s) purchase appropriate travel insurance from a third party provider which includes coverage for medical treatment and, due to Covid-19, medical evacuation that does not exclude airborne pathogens. Without appropriate travel insurance, Customer understands and agrees that if Customer cancels or interrupts Customer’s travel for any reason, portions of the trip may not be refunded and Providers’ cancellation penalties will apply resulting in the loss of monies up to the full cost of Customer’s travel booking and related costs. The purchase of travel insurance is not required in order to purchase any Products and Services offered by Active. Active does not sell Travel Insurance and employees of Active are not qualified or authorized to: answer technical questions about benefits, exclusions, and conditions of any Travel Insurance, or evaluate the adequacy of any Customer’s prospective or existing Travel Insurance coverage.
9. AIR TRAVEL AND GROUND TRANSFERS
ACTIVE DOES NOT BOOK AIRLINE RESERVATIONS OR GROUND TRANSFERS ON BEHALF OF CUSTOMERS. It is each Customer’s responsibility to make appropriate air arrangements, as well as transportation to and from the destination where the travel booking originates and returns. Active shall not be responsible for any air travel or ground transfers.
10. HEALTH/SECURITY/TRAVEL DOCUMENTATION REQUIREMENTS
It is the responsibility of each Customer to determine whether any immunizations or vaccinations and/or required documentation of same are required by any governmental entities prior to departure, upon landing or return for destinations on Customer’s travel itinerary. Active shall not be responsible or liable for any loss incurred in the event of your failure to have any required immunizations, vaccinations and/or required documentation of same for your journey.
11. CERTAIN ADDITIONAL RESTRICTIONS FOR CLUB MEMBERS
The Products and Services and any special offers or savings associated with such Products and Services offered through this Site are exclusively for the use and benefit of our Customers and are not available to the general public. Membership in Active’s Club is at the sole discretion of Active, and is limited to client(s) and prospects of Active, employees of Active and its client(s), and may be extended to include, at the discretion of Active, their respective family and/or friends (or such family and/or friends may be allowed, as authorized users, to utilize the Product and Services acquired by a Customer). Employees of Active, its affiliates or subsidiaries who are Customers will, at all times, remain responsible for ensuring that any of their friends and family members who are authorized users of Products and Services comply with these Terms and/or any additional terms and conditions applicable to such Products and Services.
Club members are subject to additional restrictions and requirements as follows: (i) to keep any savings realized by booking with the Club confidential as discussing savings and/or benefits acquired through the Club with any third parties, including, without limitation, travel agents, other guests/travelers or Providers, in each instance will damage our relationships with our Providers and will result in immediate membership termination; (ii) to not (or attempt to) resell/auction/transfer any Products and Services, including, without limitation on VRBO, Airbnb, SkyAuction, or EBAY; (iii) to only use Product and Services for personal, leisure use – no business travel is allowed; (iv) all reservation requests are subject to general availability at the time of receipt and certain other restrictions may apply, including blackouts (travel offers are subject to change and/or termination by Active at any time without notice): (v) all Product and Services are made available by Active strictly in its sole discretion, quantities are limited and provided on a strictly first come/ first serve basis, and Active may change, withdraw or terminate any offering(s) at any time; (vi) no travel purchased from Active may replace any pending reservation(s) or existing booking(s) any Club members may have with the same travel provider (even if cancelled by the Club member), i.e. you cannot cancel and rebook through Active to acquire savings; (vii) all reservation requests must be made directly and exclusively with Active’s Reservation Center M-F 8:30 am to 5:30 pm excluding all major holidays at 1-800-852-8864 or email@example.com (please do not contact any Provider(s) directly).
13. SERVICES AND CONTENT
We will use our reasonable commercial efforts to keep our Site available on a 24-hour/7-day-a- week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance, and system outages. We cannot promise that access to the Site will be uninterrupted or available at all times. We assume no liability or responsibility for any delay, interruption, or downtime. Our Reservation Center is open M-F 8:30 am to 5:30 pm excluding all major holidays and may be contacted at 1-800-852-8864 or firstname.lastname@example.org
Through our Site, we provide an online platform through which you can browse different types of then available Products and Services and make and/or request to make a Booking, including making payment for such Bookings on line in advance with a credit card.
When rendering our services, the information that we disclose about Products and Services is based on the information provided to us directly or indirectly by Providers (or service providers engaged or licensed by us or Providers to provide information about Providers), including all rates, availability, description, pictures, booking conditions, accommodation policies and other information which is displayed on the Site. Although we will use commercially reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete, correct or up to date, nor can we be held responsible for any errors (including manifest and typographical errors), interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of the Site or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Additionally, changes in market conditions or circumstances may occur on short notice which may make information displayed on the Site inaccurate or outdated. We assume no liability or responsibility for any errors or omissions regarding information provided on the site about Products and Services or any Provider. You are responsible for evaluating the accuracy, completeness, and usefulness of any opinion, advice, or other content available through the Site.
In case of problems, our Reservation Center customer service will use its commercially reasonable efforts to assist you and serve as a point of contact with the Provider. Please note that Active’s inventory with Providers is finite, and that when a search result indicates that a particular Provider is not available through our Site, that means the room type is not available for reservation through us.
The Site does not constitute and should not be regarded as a recommendation or endorsement of (the quality, service level or rating of) any Providers or Products and Services listed on the Site. We hereby expressly disclaim any representation, warranty or undertaking in relation to the quality, status or adequacy of any Accommodation listed on the Site.
To the extent permitted by applicable law, we reserve the right to, and our discretion, refuse or cancel bookings in exceptional cases and will notify you of the refusal or cancellation by email to the address you provided when you made your booking. Typical reasons for rejecting or cancelling a booking include, but are not limited to: Provider request(s), actual or suspected violation of Club rules, e.g. reselling of any accommodations booked through the Site on an individual, breach of the Terms, force majeure events, trade or economic sanctions, embargoes, legal restrictions, closures (by reason of pandemic, e.g. Covid 19 or otherwise) (suspicions of) fraud or theft, suspected criminal activity, suspicious bookings, submission by you of misleading or erroneous information, payment instrument problems, inappropriate behavior, threats, insults, violence, refusal to supply information, practical obstacles, communication problems, obvious errors (see below), history, blacklisting by governments or international organizations, etc. If your booking is rejected or cancelled by Active and a payment has already been made, you will receive a refund of the total booking value, (except in the case of breach of the Terms wherein refund of the total booking value or any part thereof is not justifiable).
In rare cases, we may also have to cancel or reject a booking or make adjustments due to “obvious errors”, independent of the origin of such errors. For clarity, an obvious error is a mistake on the Site (e.g. in terms of price, conditions, points) which a reasonable person would not consider to be normal. If your booking is affected by an obvious error, we will notify you by email at the address you provided when you made the booking and will adjust the booking, and will, if relevant, refund some or all of the amount charged.
A star or other denoted ratings, or any reference on the Site to a rating on the Site are provided for your information only and are based on information we have received from Providers or services providing information about Providers to our Site. We do not independently verify star ratings. Please be aware that star ratings can vary greatly on the basis of location, available alternatives, local market conditions, practices or other circumstances.
A Word About Bookings
Your reservation is not Booked until and unless you receive a written confirmation issued by the Site or our Reservation Center. You should not take any action based on information on the Site until you have received a written confirmation of your Booking. A Booking request does not constitute a Booking until you receive a written confirmation. We endeavor to send written confirmations within 24 hours of receipt of your Booking request sent on the Site or via email to our Reservation Center; provided however, if you send a Booking request on a Saturday or Sunday, we send confirmations on the following Monday. If you have not received a confirmation of your Booking request via e-mail, first look into your "spam" or "junk" folder to verify that it has not been misdirected, and if still not found, please contact our Reservation Center. The contact information for the Reservation Center is provided below in Section 22 of these Terms.
We make reasonable attempts to exclude viruses from the Site, but cannot ensure that the Site will be at all times free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading information from the Site. We assume no responsibility for any damages to computer equipment or other property that may result from use of the Site or downloading anything from the Site.
14. HOTEL ACCOMMODATIONS AND TAXES – TWO MODELS
Hotel accommodations marketed on our Site are offered pursuant to two different models. Under the first model, you will pay Active the prevailing room rate available to Active, including room taxes. Under the second model, you will pay Active the prevailing room rate, excluding room taxes. When room taxes are excluded, you will be required to pay all such applicable room taxes directly to the hotel at checkout.
15. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
Active makes no representation(s) or warranty(ies) of any kind or nature, including, without limiting the generality of the foregoing, regarding this Site, any Provider(s) or any Products and Services, all of which are provided on an "AS IS" basis. ACTIVE EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES OF EVERY KIND AND NATURE, INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MERCHANTABILITY, FITNESS FOR A PARTICULAR, SUITABILITY OF ANY PROVIDER(S), PRODUCTS AND SERVICES, OR TRAVEL DESTINATIONS, THE USE OF THIS SITE, INCLUDING THAT THIS SITE OR ITS CONTENT WILL BE FREE FROM ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT COMMUNICATIONS TO OR FROM THIS SITE WILL BE SECURE AND NOT INTERCEPTED.
The fact that Active is including or offering any Products and Services on the Site or through its Reservation Center is not an endorsement or a recommendation of any Provider(s) or Products and Services.
16. LIMITATIONS OF LIABILITY, DISCLAIMERS AND RELEASE
When booking Products and Services on this Site or through Active’s Reservation Center, Active is acting solely as a booking agent for each Provider (each of which is a disclosed principal), and Active is not the source or provider of the Products and Services. Each Provider is an independent entity with its own management, and is not subject to the control of Active Customer is advised that Providers whose names appear in travel documentation are those actually responsible for providing the travel services purchased, and consents to the use of those Providers, and understands and agrees that Customer is subject to each Provider’s terms and conditions which may be found on their respective Web sites or other travel documentation issued by Providers, and which govern each Provider’s Products and Services (including any booking made on your behalf by Active). All bookings are accepted by Active (either on this Site or through its Reservation Center) solely as agent for the relevant Providers on your travel confirmation or other documentation. All Products and Services provided by the identified Providers are subject to the respective Provider’s terms and conditions contained in any tickets, exchange orders or vouchers issued by them and/or their suppliers, including the terms and conditions on their respective Web sites.
EACH CUSTOMER (INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY GUEST(S) OR OTHER TRAVELER(S) ACCOMPANYING ANY CUSTOMERS) AGREES THAT ACTIVE IS NOT RESPONSIBLE OR LIABLE IN ANY WAY WHATSOEVER FOR ANY CLAIMS, LIABILITY, ACTIONS, CAUSES OF ACTION, AND/OR DAMAGES OF WHATSOEVER KIND OR NATURE (COLLECTIVELY “DAMAGES”), WHETHER FOR PERSONAL INJURY, PROPERTY LOSS, DEATH OR OTHER DAMAGES) ARISING OUT OF OR RELATED TO ANY ACT(S), OMISSION(S), NEGLIGENCE, REPRESENTATION (OR MISREPRESENTATION), BREACH, OR WARRANTY OF OR BY ANY PROVIDER(S) OR OTHER THIRD PARTY, E.G. ANY HOTEL(S), RESORT(S), CRUISE LINE(S), AIRLINE(S), RENTAL CAR COMPANY(IES), ETCETERA, INCLUDING WITHOUT LIMITATION, BY REASON OF ANY OVERBOOKING, DELAYS, CANCELATIONS, MISSTATEMENTS, STRIKE, FORCE MAJEURE EVENT (E.G. HURRICANE, FLOOD, PANDEMIC, ETC.) OR ERRORS IN THE PROVIDERS’ BROCHURES OR WEBSITE AND HEREBY EXPLICITLY RELEASE, DISCHARGES AND AGREES TO HOLD HARMLESS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACTIVE AND ITS SHAREHOLDERS, EMPLOYEES, AGENTS AND ASSIGNS, ONE AND ALL, FROM ALL SUCH DAMAGES, INCLUDING ALL “COSTS”.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT WILL ACTIVE BE LIABLE TO ANY CUSTOMER(S) OR ANY OTHER PARTY(IES) (INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY GUEST(S) OR OTHER TRAVELER(S) ACCOMPANYING ANY CUSTOMER(S)), FOR ANY DIRECT, PUNITIVE, SPECIAL CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (I.E. WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH: (I) ANY CONFIRMATION(S) AND/OR BOOKINGS OF PRODUCTS AND SERVICES ISSUED AND/OR MADE THROUGH THIS SITE OR ACTIVE’S RESERVATIONS CENTER; (II) ANY PRODUCTS AND SERVICES PROVIDED BY ANY PROVIDER(S) AND/OR ANY ACT(S), ERROR(S), OMISSION(S), NEGLIGENCE, MALFEASEANCE OR OTHER ACTION(S) OR ACTIVITIES OF ANY PROVIDER(S), OR OF ANY PROVIDERS’ EMPLOYEES OR REPRESENTATIVES, INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY MISREPRESENTATION, BREACH, INJURY, LOSS, ACCIDENT, DELAY, OVERBOOKING, CANCELLATION, FAILURE OR OTHER DELAY IN PROVIDING PRODUCTS AND SERVICES, OR INADEQUATE DELIVERY OF ANY PRODUCTS AND SERVICES; (III) ANY USE OR INABILITY TO USE ANY PRODUCTS AND SERVICES; (IV) ANY USE OF THIS SITE; AND (V) ANY OTHER MATTERS OUTSIDE OF ACTIVE’S CONTROL, REGARDLESS IN EACH INSTANCE OF WHETHER ACTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO OR ARISING IN CONNECTION WITH ANY BOOKING MAY BE BROUGHT BY YOU MORE THAN SIX MONTHS AFTER THE EARLIER OF THE DATE OF SALE THE PRODUCTS AND SERVICES, COMPLETION OF TRAVEL, AND THE DATE THAT SUCH ACTION HAS ACCRUED.
If, despite the foregoing limitation of liability, Active is found liable by a court of competent jurisdiction for any loss or damage which arises out of or is in any way connected with any of the occurrences described in the limitation above, then Active's liability will in no event exceed, in total, the sum of the cash amount actually paid by a Customer to Active as the purchase price for the Products and Services purchased from Active.
You agree to defend and indemnify Active and its officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, in excess of the liability described above, in any action filed or commenced by any third party against Active as a result of (i) your breach of these Terms, or (ii) your violation of any law or the rights of a third party.
18. DISPUTES; ARBITRATION
All Customers irrevocably agree that binding arbitration in New York, New York before one (1) arbitrator shall be the exclusive method (rather than a civil trial, with or without a jury) to resolve any dispute, claim or controversy arising between Active and any Customer, including, without limiting the generality of the foregoing, under these Terms, and/or any Booking of Products and Services made on this Site or through Active’s Reservation Center, or any breach, termination, enforcement, interpretation or validity thereof. In addition to all other matters, the arbitrator shall have exclusive authority to determine any and all issues and matters relating to the scope of the arbitration, the arbitrability of any claim or dispute, the validity of the agreement to arbitrate, and the arbitrator’s jurisdiction. The arbitration and the selection of the arbitrator shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures, including the Recommended Arbitration Discovery Protocols for Domestic Commercial Cases as set forth in Rules 16.1 and 16.2, as amended. The arbitrator shall have authority to hold hearings at any location or in any jurisdiction in aid of obtaining information and testimony from third parties. Judgment on the award or any interim award may be entered in any court having jurisdiction. In any arbitration hereunder, the arbitrator shall award to the prevailing party, if any, the reasonable attorneys’ fees and costs reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator determines that a party prevails on some, but not all, of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. The arbitrator selected shall be a former judge or an attorney with experience as a partner of a major law firm and have at least ten (10) years’ experience with business matters, business relationships and related financial matters. This clause shall not preclude parties from seeking provisional remedies from any court of competent jurisdiction in jurisdiction as may be necessary to preserve the status quo and in aid of arbitration. This arbitration provision shall be governed and interpreted solely in accordance with the Federal Arbitration Act, 9 U.S.C. §§1 et seq.
19. INTELLECTUAL PROPERTY RIGHTS
This Site (including the programming for the Site) and its Content is the sole and exclusive property of Active or its licensors. Active and its licensors retain all right, title and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the Site and its Content. The Site is protected by copyright, trademark, patent, trade secrets, unfair competition, and other laws of worldwide, through the application of local laws or international treaties. Any unauthorized use, reproduction or modification of this Site may violate such laws.
Your Comments and Submissions
Any communications or materials you transmit to Active, through the Site, by electronic mail or otherwise, including any data, question, comments, rating of a property or attraction, suggestion, idea, or the like ("Communications or Materials") will be treated as non-confidential and non-proprietary. By voluntarily submitting to us, or by posting on the Site any Communications or Materials, you grant Active, and all users of the Site, a worldwide, non-exclusive, royalty free, perpetual, irrevocable, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from distribute, and display such Communications or Materials in any form, media or technology. We assume no responsibility for any Communications or Materials posted or submitted, or for the return or such Communications or Materials. We want your feedback and appreciate your ideas and suggestions, but we are unable to answer every comment individually. Active grants you a limited, personal, nontransferable, non-sublicensable, revocable license to access and use the Site only as expressly permitted in these Terms. Except for this limited license, we do not grant you any other rights or license with respect to this Site; any rights or license not expressly granted herein are reserved. Unless we have granted you permission in advance and in writing, you may use the Site only for your personal, non-commercial use, and not to provide services to a third party.
No Copy, Distribution, or Sale
You may download, display, or print one (1) copy of any portion of the Content. If you do so, you may not modify the Content in any way.
Except as provided above, you may not:
Unless otherwise provided within these Terms, or unless specific applicable law requires Active to allow you to do so, you may not do any of the following without the prior written consent of Active:
Access to certain areas of the Site is only available to registered Customers. If you believe your password has been stolen or is otherwise being used without your authorization, please immediately notify Active and change your password by logging in to the Site and clicking “change password” under the “My Account” link located on the main menu.
Active, in its sole discretion, may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of our Site, even if access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of the Site, and destroy any copy you have made of any portion of the Site. Accessing the Site after such termination, suspension, or discontinuation shall constitute an act of trespass.
20. COPYRIGHT POLICY
You may not use the Site or any Products and Services to post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary materials belonging to others without obtaining the prior written consent of the owner of such proprietary materials. It is Active’s policy to terminate privileges of any Customer or other user of the Site who infringes the copyright of others upon receipt of prompt notification to Active by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please review and utilize our procedures for protecting your rights as set forth below.
In accordance with the Digital Millennium Copyright Act, 17 U.S.C. 512, Active has adopted the following policy concerning copyright infringement. Active respects the legitimate rights of copyright owners and their agents and representatives. Customers and others who use any part of the Site are required by these Terms to respect the legal protections provided by applicable copyright law.
Procedure for Reporting Copyright Infringements. If you believe that your work has been copied on this Site in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with the following information:
FAILURE TO INCLUDE ALL OF THE ABOVE INFORMATION, ESPECIALLY SPECIFIC URLS WHERE CONTENT MAY BE FOUND, WILL RESULT IN A DELAY OF THE PROCESSING OF THE DMCA NOTIFICATION AND MAY RESULT IN YOUR HAVING TO REPEAT SOME OR ALL OF THE ABOVE PROCESS.
Notice and Takedown
If Active receives proper notification of claimed copyright infringement, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing, as described below, or to be the subject of infringing activity. Active will also comply with the appropriate provisions of the DMCA in the event a counter-notification is received, as described below. Active may, at its discretion, deny access to this Site by, or disable and/or terminate the accounts of, Customers or other users who may be infringers.
Notice of claims of copyright or other intellectual property infringement can be delivered as follows, by email, fax or standard mail:
Active Media Services, Inc.
One Blue Hill Plaza
Pearl River, NY 10965
Attn: Dayna Frank, General Counsel
Fax: (845) 735-2342
Email: email@example.com, with a required copy to firstname.lastname@example.org Upon receipt of proper notification of claimed infringement, Active will follow the procedures outlined herein and in the DMCA.
If Content you posted on the Site was removed for copyright or intellectual property infringement and you would like to dispute that removal, the process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act:
Elements of Counter-Notification
To expedite our ability to process your counter-notification, please use the following format (including section numbers):
Active Media Services, Inc.
One Blue Hill Plaza
Pearl River, NY 10965
Attn: Dayna Frank, General Counsel
Fax: (845) 735-2342
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes any of your Identifying Information set forth in the counter-notification. By submitting a counter-notification, you consent to having such Identifying Information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.
After we send out the counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Site. If we receive such notification, we will be unable to restore the items. If we do not receive such notification, we may, but are not obligated to, reinstate the disputed item(s).
Foreign Counter-Notification: If you reside outside of the United States, please understand that filing a counter-notice may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using this process. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of Customers who are infringers. So, if you are not sure whether Content you posted on the Site is being infringed, or are otherwise unsure of whether to file a counter-notification using these procedures, we strongly recommend you first contact a lawyer knowledgeable in the laws of the United States. If you do wish to file a counter-notice, you should follow the process set forth above under the heading “Elements of Counter-Notification.”
DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.
22. CONTACT INFORMATION
If you have any questions or concerns about these Terms or if you need further assistance with respect to access to or use of the Site or any Booking or Products and Services offered by Active, you may contact our Reservation Center M-F 8:30 am to 5:30 pm excluding all major holidays by calling us at 1-800-852-8864 or emailing at email@example.com. We will attempt to respond to your questions or concerns promptly after we receive them.
Mailing address: c/o Active Media Services, Inc.
One Blue Hill Plaza
Pearl River, New York 10965-8705