AGREEMENT BETWEEN CUSTOMER AND EXPERIENCE HERMANN (WITNESS WEB DESIGN AND MARKETING)
Our website (“Website”) is provided solely to assist customers in gathering travel information and making legitimate purchases. The terms “we,” “us,” “our” and “Experience Hermann” or “Witness Web Design” refer to Witness Web Design, LLC. The term “you” refers to the customer visiting the Website and/or purchasing a package or deal through us on this Website, or through our customer service agents.
USE OF THE WEBSITE
The content and information on this Website (including, but not limited to, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your purchases (and related documents) for travel or services purchased through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
- use this Website or its contents for any commercial purpose;
- make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
- access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
- “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization.
You may only use this Site to make legitimate requests to book the products or services offered (each, a “Request”), and shall not use this Site to make any speculative, false or fraudulent Requests, or any Requests in anticipation of demand.
It is a violation of law to place a Request in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.
SUPPLIER RULES AND RESTRICTIONS
REVIEWS, COMMENTS AND OTHER SUBMISSIONS
Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas), and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future Experience Hermann programs.
You are fully responsible for the content of your Submissions (specifically including, but not limited to, reviews posted to this Website). You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Site. You acknowledge that Experience Hermann may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you. If you submit more than one review for the same hotel, only your most recent submission is eligible for use.
PREPAID HOTEL RESERVATIONS
You acknowledge that the Experience Hermann Companies pre-negotiate certain room rates with hotel suppliers to facilitate the booking of reservations on your behalf. You also acknowledge that the Experience Hermann Companies provide you services to facilitate such booking of reservations for a consideration (the “facilitation fee”). The room rate displayed on the Website is a combination of the pre-negotiated room rate for rooms reserved on your behalf by the Experience Hermann Companies and the facilitation fee retained by the Experience Hermann Companies for their services. You authorize the Experience Hermann Companies to book reservations for the total reservation price, which includes the room rate displayed on the Website, plus tax recovery charges, service fees, and where applicable, taxes on the Experience Hermann Companies’ services. You agree that your credit card will be charged by the Experience Hermann Companies for the total reservation price. Upon submitting your reservation request you authorize the Experience Hermann Companies to facilitate hotel reservations on your behalf, including making payment arrangements with hotel suppliers.
You acknowledge that except as provided below with respect to tax obligations on the amounts we retain for our services, the Experience Hermann Companies do not collect taxes for remittance to applicable taxing authorities. The tax recovery charges on prepaid hotel transactions are a recovery of the estimated taxes (e.g. sales and use, occupancy, room tax, excise tax, value added tax, etc) that the Experience Hermann Companies pay to the hotel supplier for taxes due on the hotel’s rental rate for the room. The hotel suppliers invoice the Experience Hermann Companies for tax amounts. The hotel suppliers are responsible for remitting applicable taxes to the applicable taxing jurisdictions. None of the Experience Hermann Companies act as co-vendors with the supplier with whom we book or reserve our customer’s travel arrangements. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by the Experience Hermann Companies to the hotel suppliers may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the hotel by our customers. We retain service fees as additional compensation in servicing your travel reservation. Service fees retained by the Experience Hermann Companies for their services vary based on the amount and type of hotel reservation.
You may cancel or change your prepaid hotel reservation, but due to the time sensitive nature of the packages and deals provided, refunds are not guaranteed. If a negotiation between Experience Hermann and the Hotel can be reached, the intended agreement can be passed on to you with applicable cancellation and/or change fees.
Sales, use, and/or local hotel occupancy taxes are imposed on the amounts that we charge for our services (facilitation and/or service fee) in certain jurisdictions.
Unless a Provider has agreed otherwise, all products, services, advice, merchandise and information available through this Site are provided on an “as is,” “as available” basis without warranties of any kind, either expressed or implied, other than those imposed by law, including but not limited to, warranties of title or implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. Without limiting the above, no warranty or guarantee is made (i) regarding the acceptance of any Request; (ii) that a User will receive the lowest available price for goods and/or services available through this Site; (iii) regarding the availability of products and/or services through this Site or, where applicable, at any participating retailer or retailer location; (iv) that use of this Site and all software, products or services associated with this Website will be error-free; (v) regarding the results that may be obtained from the use of this Website; (vi) regarding the completeness, accuracy, reliability or quality of any information, Content, data, service, advice or merchandise provided or available through this Website; or, (vii) regarding the performance or non-performance of this Website including, but not limited to, any performance or non-performance in connection with or as a consequence of the passage of time. You expressly agree that the use of this Website is at your sole risk.
The Information, Software, Products and Services published on this Website may include inaccuracies or errors, including pricing errors. In particular, the Experience Hermann Companies and Experience Hermann Affiliates do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the hotel and other travel products and services displayed on this Website (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.). In addition, Experience Hermann expressly reserves the right to correct any pricing errors on our Website and/or pending reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your pending reservation at the correct price or we will cancel your reservation without penalty.
Hotel ratings displayed on this Website are intended as only general guidelines, and the Experience Hermann Companies and Experience Hermann Affiliates do not guarantee the accuracy of the ratings. The Experience Hermann Companies, the Experience Hermann Affiliates and their respective suppliers make no guarantees about the availability of specific products and services. The Experience Hermann Companies, the Experience Hermann Affiliates and their respective suppliers may make improvements and/or changes on the Website at any time.
The Experience Hermann Companies, the Experience Hermann Affiliates and their respective suppliers make no representations about the suitability of the information, software, products and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by the Experience Hermann Companies or the Experience Hermann Affiliates. All such information, software products, and services are provided “as is” without warranty of any kind. The Experience Hermann Companies, the Experience Hermann Affiliates and their respective suppliers disclaim all warranties and conditions that this Website, its servers or any email sent from the Experience Hermann Companies, the Experience Hermann Affiliates and/or their respective suppliers are free of viruses or other harmful components. The Experience Hermann Company, the Experience Hermann Affiliates and their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.
The carriers, hotels and other suppliers providing travel or other services on this Website are independent contractors and not agents or employees of the Experience Hermann Companies or the Experience Hermann Affiliates. The Experience Hermann Companies and the Experience Hermann Affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. The Experience Hermann Companies and the Experience Hermann Affiliates have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.
In no event shall the Experience Hermann Companies, the Experience Hermann Affiliates and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products and services obtaining through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if the Experience Hermann Companies, the Experience Hermann Affiliates and/or their respective suppliers have been advised of the possibility of such damages.
If, despite the limitation above, the Experience Hermann Companies and the Experience Hermann Affiliates or their respective Providers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the Experience Hermann Companies, the Experience Hermann Affiliates, or their respective Providers liabilities will in no event exceed, in the aggregate, the greater of (a) the fee or charge you paid to Experience Hermann in connection with such transaction(s) on this Website, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the Experience Hermann Companies and the Experience Hermann Affiliates and/or their respective Providers.
You agree to defend and indemnify the Experience Hermann Companies, the Experience Hermann Affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- your breach of this Agreement or the documents referenced herein;
- violation of any law or the rights of a third party;
- your use of this Website; or
- your use of this Website for, or on behalf of, a Third Party.
LINKS TO THIRD PARTY WEBSITES
This Website may contain hyperlinks to websites operated by parties other than Experience Hermann. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
TERMINATION OF USAGE
User access to all or part of this Website may be terminated or suspended at any time, without notice and for any reason.
SOFTWARE AVAILABLE ON THIS WEBSITE
Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Website, is owned by the Experience Hermann Companies, Experience Hermann Affiliates, and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
All Booking Requests must be submitted with a major credit card unless otherwise expressly stated. The total price will be billed in the currency indicated on the processing screen. The processing company for transactions is Witness Web Design and Marketing through PayPal.
Some banks and credit cards impose fees for international transactions. If you are making a booking from outside of the United States on a US credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the billing summary page for a reservation booked on the Website. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of the United States. Booking international travel may be considered to be an international transaction by the bank or card company, since Experience Hermann may pass on your payment to an international travel supplier. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Website are: © 2014 Experience Hermann, LLC. All rights reserved. Experience Hermann is not responsible for content on websites operated by parties other than Experience Hermann. The Experience Hermann logo and the Experience Hermann.com logo are either registered trademarks or trademarks of Witness Web Design LLC in the U.S. and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners.
If you are aware of an infringement of our brand, please let us know by e-mailing us at email@example.com. We only address messages concerning brand infringement at this email address.
Claims of Copyright Infringement & Counter-Notification
Experience Hermann respects the copyrights of others. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it isn’t properly filled out or if the complaint is incomplete:
- A clear identification of the copyrighted work you claim was infringed.
- A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material.
- Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
- A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
- A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices with respect to this Website should be sent to us by email to copyright@ExperienceHermann.com for the fastest resolution.
You may also send us your notice using the contact information below:
Experience Hermann LLC
PO Box 116
Hermann, MO 65041
We will review and address all notices that comply with the requirements above. If we remove or disable access in response to such a notice, we may notify the owner or administrator of the affected site or content so that he or she can make a counter notification.
We suggest that you seek legal counsel before filing a notice. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages (including costs and attorneys’ fees). In one case involving online content (See Online Policy Group vs. Diebold, Inc.), a company paid more than $100,000 in costs and attorneys fees after targeting content protected by the U.S. Fair Use Doctrine.
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Experience Hermann has adopted a policy of terminating, in appropriate circumstances and at Experience Hermann’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Experience Hermann may also at its sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.
Experience Hermann does not tolerate false claims of copyright infringement. If you believe that content that you posted to our site was mistakenly removed due to a false claim of copyright infringement, then you can submit a DMCA Counter-Notice. When we receive a properly completed counter notification, we will forward it to the complaining rights owner. In the U.S., the DMCA allows us to restore your content if the rights owner does not file a court action against you within 10 business days of receiving the copy of your counter-notice.
To file a counter notification with us, you must provide a written communication by fax or regular mail that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content is not infringing the copyrights of others. If you are not sure whether certain material infringes the copyrights of others, then we suggest that you first seek legal counsel.
To expedite our ability to process your counter notification, please send us your notification using the following format:
- Identify the specific content that was removed or disabled by mistake. Indicate where that content appeared on Experience Hermann’s site. Please provide the URL address if possible.
- Provide your name, mailing address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Experience Hermann may be found, and that you will accept service of process from the party who reported your content, or that party’s agent.
- Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the content identified above was removed or disabled as a result of a mistake or misidentification.”
- Sign the paper.
- Send the written communication to the following address:
Experience Hermann PO Box 116 Hermann, MO 65041
For any additional questions regarding the DMCA process for Experience Hermann, please contact us at firstname.lastname@example.org.
One or more patents owned by the Experience Hermann Companies may apply to this Website and to the features and services accessible via the Website. Portions of this Website operate under license of one or more patents. Other patents pending.
You agree that no joint venture, partnership, or employment relationship exists between you and the Experience Hermann Companies as a result of this Agreement or use of this Website.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.
None of the Experience Hermann Companies or the Experience Hermann Affiliates is responsible for any errors or delays in responding to a Request caused by an incorrect email address provided by you or other technical problems beyond their control.
For quick answers to your questions or ways to contact us send us an email. Or, you can write to us at:
Attn: Customer Service
PO Box 116
Hermann, MO 65041
©2014 Experience Hermann. All rights reserved.