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Blue Ridge Travel

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Blue Ridge Travel
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Go Blue Ridge Travel

Go Blue Ridge Travel™ Terms & Conditions

General

These Terms of Use (“Terms of Use” or “terms”) apply to the www.GoBRT.com web site and to any and all other web sites owned, operated, licensed or controlled by Encore Event Partners, LLC, a West Virginia limited liability company (“GoBlueRidgeTravel™, “we,” “us” or “our”). The terms “You”, “Your” or “User” refers to any person accessing this web site or any of our Services in any way for any reason.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY USING OR ACCESSING THIS SITE, OR ANY INFORMATION OR RELATIONSHIPS DERIVED FROM OR AVAILABLE THROUGH THIS SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND ARE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OR ACCESS THIS WEB SITE.

GO BLUE RIDGE TRAVEL MAY REVISE THESE TERMS AT ANY TIME AND FROM TIME TO TIME BY UPDATING THESE PAGES. BY USING THIS SITE, YOU AGREE TO REVIEW THESE TERMS EACH TIME YOU USE THIS SITE TO ENSURE THAT YOU ARE FAMILIAR WITH AND CONSENT TO THE CURRENT VERSION OF THESE TERMS OF USE.

GoBlueRidgeTravel™ operates this and all other Sites within the United States. All issues and claims relating to use of this Site are governed by the laws of the United States and Commonwealth of Virginia. If You access this Site from any other country or state, You agree to be bound by U.S. and Virginia laws and regulations with regard to such use.

Definitions

In addition to those terms elsewhere defined herein, the following words shall have the following meaning:

“Traveler, Corporate Planner, Tourist, Bride or Vendor/Advertiser ” means any User who lists, registers, is a party to, consults with or organizes a vacation, meeting, or wedding or similar civil ceremony, in whole or in part, regardless of gender or other affiliation.

“Content” means any and all GoBlueRidgeTravel™ owned or licensed text, audio, video, images, pictures, designs, music, information or material posted or accessed on or through the Site other than User Content.

“Services” mean the GoBlueRidgeTravel™ organizational, planning, solicitation, quoting, acquisition, communication, referral and/or feedback products and services available on or through the Sites.

“Site” or “Sites” mean any and all Go Blue Ridge Travel or Encore Event Partners-related web sites referred to in the introductory paragraph hereof.

“Third Party Content” means any Content posted on or available through the Site that is owned or controlled by a third party other than us or a User, including but not limited to advertisers.

“Users” include Tourist, Corporate Planners, Brides and Vendors unless the context clearly indicates otherwise.

“User Content” means any Content posted on or available through the Site that is owned or controlled by a User.

“Vendor” means any supplier of any products or services to a Tourist, Meeting Planner, or Bride..

Eligibility for Services

You hereby agree that we have absolute discretion whether or not to accept or permit access to the Services by a particular User. You must be at least 18 years of age to access the Services because all Users must be able to form legally binding contracts under applicable law. Our Services are not available to minors and Your use of this Site or the Services constitute Your representation and warranty that You are of legal age.

Description Of Services

The Services include a wide range of tools, Content, products, services, benefits and resources to enable Tourists, Meeting Planners, and Brides to efficiently plan a vacation, corporate meeting or wedding and for Vendors to efficiently serve their clients and customers. Some of the Services offered on the Site may include feedback to questions by Users of this Service and/or articles with original Third Party Content and opinions. Use of this Content or links to any Third Party Content is at the User’s own risk.

Some of the Content provided on or through the Site may relate to various subjects such as legal matters, financial issues, health advice or other matters of an advisory nature. This information is provided solely for informational and general advisory purposes and is not intended to be relied upon by any particular User for any particular purpose. Users should confirm any such information with a professional in the pertinent field of their own choosing before implementing or acting on such advice.

Go Blue Ridge Travel is a dynamic time-sensitive web site. Accordingly, the information on the Sites will change frequently. Some information could be inaccurate or could be mislabeled or misfiled by us or by a third-party, intentionally or by good faith mistake.

We do not monitor access to Third Party Content. The Sites serve solely as a venue and/or portal, and we shall have no liability based upon or related to any User Content or Third Party Content posted on or available through this Site. The Sites may also contain links to third-party web sites. We do not control and do not actively review or monitor the policies and practices of any web sites linked to the Sites and Users will be subject to those policies and practices when accessing those Sites rather than these terms. We do not endorse the content, products, services, practices, policies, or performance of any of the web sites linked to the Sites. Users should not treat any link as an endorsement or recommendation of the owner or operator of the linked site or any products or services available thereon.

WE DO NOT HAVE THE RESOURCES NOR DO WE UNDERTAKE ANY OBLIGATION TO CONTROL, RESEARCH, VERIFY, VALIDATE, OR APPROVE ANY OF THE USER CONTENT OR THIRD PARTY CONTENT RECEIVED, VIEWED OR ACCESSED ON OR THROUGH THE SITES. WE EXPECT ALL USERS TO USE CAUTION AND COMMON SENSE WHEN USING THE SITES.

Links To And From The Sites

Unless GoBlueRidgeTravel™ agrees otherwise in writing, You may only provide a hypertext link to the Home Page of the Sites, or direct to your public profile page on another web site, provided that (a) the appearance and position of the link may not be such as to damage or dilute the goodwill associated with GoBlueRidgeTravel™’s name and Trademarks, (b) the appearance and position of the link may not create the false impression that an entity is associated with or sponsored by GoBlueRidgeTravel™, (c) the link, when activated by a User, must display the home page of this Site full-screen and not within a “frame” on the linking web site, and (d) Go BlueRidgeTravel™ reserves the right to revoke its consent to the link at any time in its sole discretion immediately upon written notice.

To the extent that the Sites, or searches performed through the Sites, contain links to outside persons, products, Third Party Content or services, GoBlueRidgeTravel™ does not control the availability or content of those outside providers or resources. GoBlueRidgeTravel™ assumes no responsibility and shall not held liable in any way for the content or performance of any site referred or linked to and is not responsible for any errors or omissions contained in such sites, or the integrity or quality of such content.

Special User Rules and Restrictions

Memberships. Users are allowed to promote their membership status on their own websites. Membership fees are charged on a monthly basis at the beginning of each month for the upcoming months access to the Site. Memberships may also be purchased for the year in one lump sum payment. There are no refunds. Any cancellations that occur during a month will terminate your billing agreement at the end of your monthly billing cycle and automatically change your membership level to a basic or Free vendor. Your profile information will remain on the site unless you write to us and request it be completely removed.

Billing. All transactions are billed using PayPal.com and Authorize.net and fall under their terms of use.

Payments to Users. All payments due to users will fall under the Go Blue Ridge Travel agreement. These agreements will be posted to the Terms of Use upon completion and roll-out of the services.

All Users agree:

  • Not to redistribute any of the Content.
  • Not to use its account to post false or misleading project descriptions or project descriptions that are inappropriate to GoBlueRidgeTravel™’s audience.
  • Not to falsify Tourist, Corporate Planners or Brides’ own or any other identity.
  • To comply with all GoBlueRidgeTravel™ policies and directives, including the AUP.
  • Not to use any automated collection mechanism or any manual process to monitor or copy the web pages comprising the Sites or the Content contained therein without the prior written permission of GoBlueRidgeTravel™.
  • Not to create multiple User accounts to avoid fees, suspension or bad ratings on the Sites.

Removal From Go Blue Ridge Travel Services

Your use of the Sites and Content are subject to Go Blue Ridge Travel’s discretion and Your compliance with these Terms of Use. You hereby agree that Go Blue Ridge Travel may terminate and/or suspend your access to any portion of the Sites and the Services should you fail to comply with these Terms of Use. Any such termination or suspension shall be in Go Blue Ridge Travel’s sole discretion and may occur without any prior notice to You. Go Blue Ridge Travel also reserves the right to terminate or suspend Your access to the Sites or Services, in whole or in part, for any conduct that Go Blue Ridge Travel, in its sole discretion, believes is or may be harmful to the business or reputation of Go Blue Ridge Travel, other Users or any third parties, or for any conduct that violates any federal, state, local or foreign laws or regulations. Go Blue Ridge Travel reserves the right to terminate or suspend. Your  use and access to the Encore Event Partner and Go Blue Ridge Travel Sites and Content for any reason or for no reason, in Go Blue Ridge Travel’s sole discretion, without notice.

ANY USER WHICH VIOLATES THESE TERMS OF USE WILL NOT RECEIVE AND HEREBY WAIVE AND FORFEIT ANY AND ALL COMMISSIONS, REBATES OR OTHER PAYMENTS DUE AT ANY TIME FROM WEDDZILLA. Users that are terminated by GoBlueRidgeTravel™ on any basis other than violation of these Terms of Use will still be entitled to receive any commissions, rebates or other payments due from Go Blue Ridge Travel.

GoBlueRidgeTravel™ reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any activities, functionalities or components of the Sites, or any part thereof, and to remove or modify, temporarily or permanently, any Content with or without notice.

Registration Data, User I.D. and Passwords

The Sites require You to register and provide certain data (“Registration Data”) in order to utilize the Services. In agreeing to register and provide such data, You represent and warrant that: (i) the information provided is true, accurate and current, (ii) is not provided with the intention or effect of misleading Go Blue Ridge Travel or assuming the identity of any other person, and (iii) You agree to maintain and promptly update the Registration Data to keep it true, accurate and current. If you provide any information that is untrue, inaccurate or not current, or appears to be intended to mislead or assume the identity of another person, or which constitutes a violation of our Acceptable Use Policy (see below), Go Blue Ridge Travel may suspend or terminate Your account and terminate Your access to Go Blue Ridge Travel Services.

All Go Blue Ridge Travel and Encore Event Partners registrations shall be the property of Go Blue Ridge Travel and Encore Event Partners without restriction other that to use such Registration Data in accordance with these Terms of Use and Go Blue Ridge Travel’s Privacy Policy, a link to which is located on Go Blue Ridge Travel’s home page. By using the Site, You acknowledge receipt of and approval of the Go Blue Ridge Travel Privacy Policy.

If any Go Blue Ridge Travel registration or other Site functionality assigns you or requires Your selection and use of a password, You agree that You are solely and fully responsible for maintaining the confidentiality of the password and User ID, and for any and all activities that occur under your password or ID, with or without Your consent or knowledge. You agree to immediately notify Go Blue Ridge Travela of any unauthorized use of Your password or account data or any other breach of security. GO BLUE RIDGE TRAVEL AND ENCORE EVENT PARTNERS ARE NOT LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO PROTECT OR FROM THE NEGLIGENT USE OR MISUSE OF YOUR PASSWORD OR USER ID BY YOU OR ANY OTHER PERSON, WITH OR WITHOUT YOUR EXPRESS CONSENT, AND YOU INDEMNIFY AND HOLD WEDDZILLA HARMLESS THEREFROM.

Acceptable Use Policy (AUP)

In addition to these Terms of Use, You are not to use the Site or the Services to upload, post, email, transmit or post links to any Third Party Content that:

  • is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, libelous, an invasive of privacy or publicity rights, hateful or racially, sexually, ethnically or otherwise objectionable,
  • promotes illegal activity under any federal, state or local law or contains information that is false, misleading or intended to manipulate any security or market.
  • exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age or harm minors in any other way,
  • contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware including the Sites,
  • You do not have a right to access or transmit, including proprietary information,
  • infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party or contributes to or facilitates such infringement,
  • contains or links to any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of unauthorized solicitation, or
  • impersonates any person or entity, misrepresents Your relationship with a person or entity or employs misleading email addresses or falsifies any information in the header, footer, return path or other part of any communication.

User Content

User is solely responsible for all data, content and information User provides to Go Blue Ridge Travel or to any other User. GoBlueRidgeTravel™ is only acting as a venue for the online distribution and publication of User Content on the terms hereof. Go Blue Ridge Travel has the right (but not the obligation) to take any action deemed appropriate with respect to any User Content that Go Blue Ridge Travel believes may harm its business or reputation or cause GoBlueRidgeTravel™ to lose the services of its Users and suppliers.

User hereby represents and warrants to Go Blue Ridge Travel that all User Content submitted or provided to Go Blue Ridge Travel or posted or linked to the Sites: (a) does not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other property right or any right of publicity or privacy; (b) does not violate any law or regulation or Go Blue Ridge Travel’s AUP; (c) is not defamatory or trade libelous; (d) is not obscene or pornographic; (e) is not incomplete, false or inaccurate, and (f) does not contain any viruses or other computer programming routines intended to damage, interfere with or intercept any data.

By submitting User Content to GoBlueRidgeTravela™ (including, but not limited to, creating Your Account; placing a quote on a post, posting a profile, posting a picture or video, posting an event; sending messages through or to GoBlueRidgeTravel™), You hereby grant to GoBlueRidgeTravel™ a worldwide, perpetual, irrevocable, royalty-free license to use, copy, modify, adapt, display, distribute and perform any and all User Content under all intellectual property rights worldwide. Such license shall apply with respect to any form, media or technology now known or later developed. For the avoidance of doubt, providing links to any content hosted on servers other than those of Go Blue Ridge Travel (such as a portfolio of sample works hosted on Your own web site) will not be considered “submitting” such content for purposes of this license grant.

GOBLUERIDGETRAVEL™ CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY USER CONTENT OR OTHER DATA YOU SUBMIT TO US OR TO THE SITES OR TO ANY OTHER USER AND FOR ANY OTHER USER’S USE OR MISUSE OF SUCH DATA OR USER CONTENT. YOU SHOULD NOT SUBMIT ANY INFORMATION YOU CONSIDER CONFIDENTIAL.

We reserve the right to preserve and disclose any User Content or Third Party Content reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use; (iii) respond to claims that any User or Third Party Content violates the rights of any third party; or (iv) protect the rights, property or personal safety of us or our Users.

Content Infringement and Take-Down Policy

GoBlueRidgeTravel™ respects the intellectual property rights of all Users and third parties. Our policy with regard to the notification and treatment of copyright infringement claims is contained in our Designated Agent Policy posted on the Sites. If Go Blue Ridge Travel is notified of any claim that any Content, User Content or Third Party Content posted on or accessed through the Sites is not authorized for such use or otherwise violates Yours or any other person’s rights, Go Blue Ridge Travel may, in appropriate circumstances, take-down, disable or terminate the availability of such content, temporarily or permanently. If You have reason to believe that any Content, User Content or Third Party Content infringes or violates any intellectual property rights, please provide the information and file the appropriate form available on the Sites.

Disputes Between Users

ANY DISPUTE BETWEEN ANY USER AND GO BLUE RIDGE TRAVEL ARE NOT GOVERNED BY THIS SECTION BUT IS SUBJECT TO THE “DISPUTES SOLELY WITH GO BLUE RIDGE TRAVEL” SECTION BELOW.

Any disputes regarding arrangements between Users or between any Tourist, Corporate Planner, or Bride and any Vendor, whether involving the use of the Sites or involving a contractual or business relationship outside the Sites, shall remain solely between such parties. EACH USER HEREBY AGREES AND COVENANTS NOT TO CLAIM, DISPUTE, SUE OR OTHERWISE MAKE GO BLUE RIDGE TRAVEL A PARTY TO ANY DISPUTE, ACTION OR PROCEEDING THAT DOES NOT INVOLVE, AS ITS PRIMARY COMPLAINT, THAT GO BLUE RIDGE TRAVEL DIRECTLY AND MATERIALLY VIOLATED THESE TERMS OF USE. Go Blue Ridge Travel cannot and is not involved in any transactions between You and any other Users of the Sites, whether conducted through or outside the Sites. You acknowledge and agree that GoBlueRidgeTravela™ shall not be obligated to take any action or refrain from taking any action toward resolving any dispute between Users. ALL USERS HEREBY WAIVE AND RELEASE GOBLUERIDGETRAVEL™ FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, RELATED TO ANY CLAIM OR DISPUTE OTHER THAN A CLAIM RELATING TO WEDDZILLA’S VIOLATION OF THESE TERMS OF USE, IN WHICH EVENT THE DISCLAIMERS, LIMITATIONS AND JURISDICTION PROVISIONS HEREOF SHALL APPLY.

Intellectual Property Rights in the Sites

GoBlueRidgeTravel™ and all other product and service or trade names referenced or included in the Site (including domain names and names listed on page headers, in graphics and on button icons), are either registered (or application pending) trademarks in the United States or in other countries (“Trademarks”) or are otherwise proprietary to GoBlueRidgeTravel™ and may not be reproduced, imitated, or used, in whole or in part, without the prior written permission of GoBlueRidgeTravel™. Other names and marks may be registered or protected trademarks of GoBlueRidgeTravel™ licensors or other third parties.

GoBlueRidgeTravel™’s products and processes referred to or posted on the Site may also be covered by one or more patents or are subject to trade secret protection by GoBlueRidgeTravel™. GoBlueRidgeTravel™ reserves all such rights.

No transfer or grant of any right, title or interest in or to the Trademarks or other proprietary rights of GoBlueRidgeTravel™ are granted, expressly or impliedly, by any provision of these Terms of Use or by the posting of any such information or material on the Site. You agree not to infringe upon any of the intellectual, trade secret or commercial proprietary rights of GoBlueRidgeTravel™.

Disclaimers

THE INFORMATION, MATERIALS AND FUNCTIONALITIES PROVDED IN OR AVAILABLE THROUGH THE SITES ARE PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, NON-INTERFERENCE, INFORMATIONAL CONTENT, SYSTEM INTEGRATION OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. GO BLUE RIDGE TRAVEL DOES NOT WARRANT THAT THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE VENDORS LISTED ON OR LOCATED THROUGH THE SITES ARE QUALIFIED AND CAPABLE TO PERFORM THE SERVICES OFFERED.

ALTHOUGH GOBLUERIDGETRAVEL™ BELIEVES THAT ALL CONTENT IS PRESENTED IN GOOD FAITH, GOBLUERIDGETRAVEL™ CANNOT AND DOES NOT WARRANT THAT THE CONTENT OR INFORMATION ACCESSIBLE IN OR THROUGH THE SITES IS ACCURATE, COMPLETE, RELIABLE OR CURRENT. TO THE FULLEST EXTENT PERMITTED BY LAW, GOBLUERIDGETRAVEL™ DISCLAIMS ANY WARRANTIES FOR ANY PRODUCTS OR SERVICES RECEIVED ON OR THROUGH THE SITE, INCLUDING FROM ANY VENDORS OR THROUGH ANY ADVERTISING OR OTHER LINKS POSTED HEREON. GOBLUERIDGETRAVEL™ ALSO DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITES.

GOBLUERIDGETRAVEL™ SHALL NOT BE LIABLE OR RESPONSIBLE FOR THE DELETION, FAILURE TO STORE, MIS-DELIVERY OR UNTIMELY DELIVERY OF ANY CONTENT OR INFORMATION, INCLUDING PROJECT ORDERS. GOBLUERIDGETRAVEL™ SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY CONTENT THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO, ANY HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION. GOBLUERIDGETRAVEL™ SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY ACT OF NATURE OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING ACTS OF GOD, ACTS OF TERRORISM, LABOR DISPUTES, RIOTS, MATERIAL SHORTAGE, NON-PERFORMANCE OF VENDORS, OR LOSS OF INTERNET CONNECTIVITY OR EQUIPMENT FAILURES.

Limitations Of Liability

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO ANY NEGLIGENCE OF GO BLUE RIDGE TRAVEL, SHALL WEDDZILLA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR ARE RELATED TO THE USE OF (OR THE INABILITY TO BE ABLE TO USE) THE SITES OR THE INFORMATION OR MATERIALS AVAILABLE ON OR THROUGH THE SITES, OR IN RELIANCE ON THE CONTENT OF THE SITES OR RESULTING FROM UNAUTHORIZED ACCESS TO, THE HACKING INTO OR ALTERATION OF YOUR DATA OR ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED RELATED TO THE SITES, EVEN IF GO BLUE RIDGE TRAVEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT PREJUDICE TO THE FOREGOING, IN NO EVENT SHALL GO BLUE RIDGE TRAVEL’S TOTAL LIABILITY FOR ANY AND ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STATUTORY OR OTHERWISE) EXCEED THE GREATER OF (i) ANY AND ALL LICENSE FEES PAID BY EITHER PARTY HEREUNDER TO THE OTHER PARTY FOR USE OF THE SITE OR CONTENT, AND (ii) ONE THOUSAND DOLLARS ($1,000.00). YOUR SOLE AND EXCLUSIVE REMEDY AGAINST WEDDZILLA FOR ANY DEFECTS, CLAIMS OR ISSUES HEREUNDER SHALL BE TO DISCONTINUE YOUR USE OF THE SITES AND CONTENT.

THE FOREGOING LIMITATIONS ALSO APPLY WITH RESPECT TO DAMAGES INCURRED AS THE RESULT OF YOUR USE OF ANY PRODUCTS OR SERVICES ACCESSED OR RECEIVED FROM ANY VENDORS OR THROUGH ANY LINKS PROVIDED IN THE SITES, INCLUDING THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.

Indemnification

You agree to indemnify and hold GoBlueRidgeTravel™ harmless, including but not limited to, its officers, directors, owners, parent, affiliates, subsidiaries, employees, agents and representatives, from and against any and all losses, expenses, costs, claims, damages (including attorneys’ fees) arising from, incurred as a result of or in any manner related to (1) Your breach or violation of the these Terms of Use, whether knowingly or unknowingly, (2) Your unauthorized or unlawful use of the Sites, or (3) Your violation of infringement of any third party rights, including any breach of a third party contract, whether with another User or with a person or entity unrelated to the Sites.

Disputes Solely With Go Blue Ridge Travel

In the event that any dispute arises between any User and Go Blue Ridge Travel regarding these Terms of Use or any events or transactions involving the Sites (exclusive of any disputes by or between Users or between a User and a third party), such dispute shall be resolved by arbitration as provided herein. Arbitration shall be initiated by a written notice (“Dispute Notice”) given by either the User or Go Blue Ridge Travel (the “Claimant”) to the other party, accompanied by (i) a statement describing the dispute in reasonable detail, and (ii) any documentation or material supporting the Claimant’s position on the dispute. Within sixty (60) days after the other party’s (“Respondent”) receipt of the Dispute Notice and accompanying materials, the parties shall submit the dispute to binding located exclusively arbitration in Jefferson County, West Virginia, U.S.A. under the rules of the American Arbitration Association. Within the sixty-day period referred to in the immediately preceding sentence, the parties shall agree on a single arbitrator to resolve the dispute. If the parties fail to agree on the designation of an arbitrator within said sixty-day period, the American Arbitration Association unit or office serving Jefferson County, West Virginia shall be requested to designate the single arbitrator. If the arbitrator becomes disabled, resigns or is otherwise unable to discharge the arbitrator’s duties, the arbitrator’s successor shall be appointed in the same manner as the arbitrator was appointed.

The arbitration shall be conducted in accordance with the Commercial Rules of the American Arbitration Association, which shall be governed by the United States Arbitration Act. Any award arising out of arbitration (i) shall be binding and conclusive upon the parties; (ii) shall be limited to disputes solely between a User and Go Blue Ridge Travel and shall not include Go Blue Ridge Travel in any action primarily between a User and a Vendor, (iii) shall be limited to a holding for or against a party, and affording such monetary remedy as is deemed equitable, just and within the scope of these Terms of Use; (iv) may not include special, incidental, consequential or punitive damages; (v) may in appropriate circumstances include injunctive relief; and (vi) may be entered in court in accordance with the United States Arbitration Act. The arbitrator may not limit, expand or otherwise modify the terms of these Terms of Use.

Miscellaneous

Entire Agreement. These Terms of Use constitute the entire agreement between Go Blue Ridge Travel™ and all users and visitors to this Site as to the governing terms and uses of the Site.

Governing Law. These Terms of Use and Your use of the Sites and any and all information, Content, transactions and material available by or through the Sites, shall be governed by the laws of the Commonwealth of West Virginia, without regard to principles of conflicts of law. Exclusive jurisdiction and venue for any and all suits, claims, actions or declaratory actions relating hereto shall lie solely in the state or federal courts located in Jefferson  County, West Virginia, personal jurisdiction to which is hereby consented by You. ANY AND ALL SUCH ACTIONS SHALL BE TRIED BY THE COURT SITTING WITHOUT A JURY AND YOU HEREBY IRREVOCABLY WAIVE YOUR RIGHT TO A TRIAL BY JURY. In connection with any and all actions or proceedings in which GoBlueRidgeTravel™ prevails against You, GoBlueRidgeTravel™ shall be entitled to recovery of its costs and expenses, including but not limited to attorneys’ fees.

Severability. If any provision of these Terms of Use shall be held unlawful, void or for any reason unenforceable, then that provision shall be severed and shall not affect the validity and enforceability of any remaining provisions, which shall remain in full force and effect in accordance with their terms.

Assignment. GoBlueRidgeTravel™ may assign these Terms of Use, in whole or in part, in its sole discretion. You may not assign any rights or delegate any responsibilities under these Terms of Use without GoBlueRidgeTravel™’s prior written permission. Any attempt by You to assign Your rights or delegate Your responsibilities under these Terms of Use without GoBlueRidgeTravel™’s prior written permission shall be null and void ab initio. The waiver by GoBlueRidgeTravel™ of a breach of any provision of these Terms of Use shall not operate or be construed as a waiver of any other or a subsequent breach of the same term or provision.

Effective Date: November 1, 2010

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