Traveler ID Terms of User

Last Updated: April 2006

THANK YOU FOR CHOOSING TRAVELER ID!

1. This Is a Contract Between You and Interactive Travel Group, Inc.

The Traveler ID Network is a service that allows users to create a single travel profile which can be used to sign-in and transmit travel profile and other personal information to any sites or services within the Traveler ID Network. You can find out more about the Traveler ID Network by going to the Traveler ID Web site.

This is a contract between you and Interactive Travel Group, Inc. (?ITG?) or, based on where you live, an ITG affiliate. We will refer to ourselves in this contract as either "ITG," "we" or "our." You are an individual person. You must be at least 18 years old and have attained the age of majority in the province, state or country in which you live. The facts you give us must be complete and correct. This contract covers your use of the Traveler ID Network, and includes any other related services, software, machines, support, content and other media, papers, updates or upgrades. We refer to these all as the "Traveler ID Network."

Please note that this contract limits our liability and we do not provide warranties for the Traveler ID Network. The contract also limits your remedies. These terms are in Sections 8 and 9 and we urge you to read the terms carefully.

2. How and When You May Use the Traveler ID Network.

We will provide you with Traveler ID credentials to use within the Traveler ID Network. We provide the Traveler ID Network for your personal use. You may not use the Traveler ID Network for commercial purposes or in a way that is against the law. You may not use any software or hardware that reduces the number of users directly accessing or using the Traveler ID Network (sometimes called "multiplexing" or "pooling" software or hardware). You also may not use it in a way that harms us or our affiliates, resellers, distributors, service providers and/or suppliers (collectively, the "ITG Parties"), or any customer of an ITG Party. We may tell you about certain specific harmful uses in a code of conduct or other notice available on Traveler ID. We have, however, no duty to do so. You will obey any codes of conduct or other notices we provide.

If you wish to offer the Traveler ID service to users of your own application, Web site, or Web service, then you must enter into a different contract with ITG.

3. Spam Is Prohibited and Causes Damage.

Without limiting the general nature of Section 2, you will not use Traveler ID to transmit, either directly or indirectly, or facilitate the transmission of any unsolicited bulk email or unsolicited commercial email. Any breach of the foregoing is a breach of this contract.

4. You Are Responsible For Your Traveler ID Account.

You are responsible for all activity under your Traveler ID account. You are responsible for keeping confidential any passcode for your Traveler ID account. You must tell us right away about anyone using your account without your consent, or any security breach that relates to Traveler ID.

5. Third Party Dealings; Third Party Websites.

You are solely responsible for any dealings with third parties (including advertisers) who support the Traveler ID Network, including the delivery of and payment for goods and services. This contract applies to you whenever you access or use your Traveler ID credentials. When you use the Traveler ID to gain access to any site or service within the Traveler ID Network, the terms and conditions for that site or service may also apply to you. Please refer to the terms of use for each site or service that you visit.

6. Materials You Post or Provide.

You may be able to submit materials for use in connection with the Traveler ID Network. We do not claim ownership of the materials you post or otherwise provide to us (including feedback) related to the Traveler ID Network (called a "submission"). However, by posting or otherwise providing your submission, you are granting to the public permission to use, copy, distribute, display, and modify your submission, each in connection with the Traveler ID Network, and to publish your name in connection with your submission. You also give the public permission to grant this permission to other persons. This section only applies for legal content, and to the extent that use and publishing of such legal content does not breach the law. We will not pay you for your submission. For each submission, you must have all rights necessary for you to grant the permissions in this section.

7. How We May Change the Contract.

If we change this contract, then we will tell you at least 30 days before the change is in force. We will tell you of the change by email or online posting. We may also use other ways that we believe will reach you. If you do not agree to such changes, then you must cancel and stop using the Traveler ID Network before the changes are in force. If you do not stop using the Traveler ID Network, then your use of the Traveler ID Network will continue under the changed contract.

8. WE MAKE NO WARRANTY.

We provide the Traveler ID Network "as-is," "with all faults" and "as available." The ITG Parties give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this contract cannot change. To the extent permitted by law, we exclude the implied warranties of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.

9. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY.

You can recover from the ITG Parties only direct damages up to an amount equal to your Traveler ID Network fee for one month, if any. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.

This limitation applies to

any matter related to the Traveler ID Network,
any matter related to content (including code) on third party Internet sites, third party programs or third party conduct,
any matter related to viruses or other disabling features that affect your access to or use of the Traveler ID Network,
any matter related to incompatibility between the Traveler ID Network and other services, software and hardware,
any matter related to delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the Traveler ID Network in an accurate or timely manner, and
claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

It also applies even if

this remedy does not fully compensate you for any losses, or fails of its essential purpose; or
ITG knew or should have known about the possibility of the damages.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your province or country may not allow the exclusion or limitation of incidental, consequential or other damages.

10. Changes to the Traveler ID Network; Our Cancellation of Access to the Traveler ID Network

We may change the Traveler ID Network or delete features at any time and for any reason. We may cancel or suspend your access to the Traveler ID Network at any time. Our cancellation or suspension may be without cause and/or without notice. Upon such cancellation, your right to access or use the Traveler ID Network stops right away. Once your access to the Traveler ID Network is cancelled or suspended, any data you have stored on the Traveler ID Network may not be retrieved later. We may cancel or suspend your access to the Traveler ID Network for inactivity, which we define as failing to sign in to the Traveler ID Network for an extended period, as determined by us. When we cancel your Traveler ID Network credentials, your right to use the Traveler ID Network immediately ceases.

11. Your Cancellation of Access to the Traveler ID Network.

You may cancel your access to the Traveler ID Network at any time, with or without cause, upon notice to us as specified in the customer support or "help" area for Traveler ID.

12. Choice of Law and Location for Resolving Disputes.

If this contract is with ITG, then claims for breach of this contract will be subject to the laws of the State of New York, without reference to conflict of laws principles. If this contract is with an ITG affiliate, claims for breach of this contract will be subject to the laws of the place of incorporation for such ITG affiliate, without reference to conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which we direct your Traveler ID account.

If this contract is with ITG, you consent to the exclusive jurisdiction and venue of state or federal courts in New York County, New York, USA for all disputes relating to this contract or the Traveler ID Network. If this contract is with an ITG affiliate, you consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such ITG affiliate for all disputes relating to this contract or the Traveler ID Network. You cannot revoke this consent.

13. Interpreting the Contract.

All parts of this contract apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this contract as written. If this happens, then we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This is the entire contract between us regarding your use of the Traveler ID Network. It supersedes any prior contract or statements regarding your use of the Traveler ID Network. If you have confidentiality obligations related to the Traveler ID Network, those obligations remain in force (for example, you may have been a beta tester). The section titles in the contract do not limit the other terms of this contract.

14. Assignment.

We may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void. Instead, you may cancel your Traveler ID Network account. The other party may then establish a Traveler ID Network account and enter into a contract with us.

15. Claim Must Be Filed Within One Year.

Any claim related to this contract or the Traveler ID Network must be brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors and assigns.

16. Your Notices to Us.

You may notify us by email or postal mail. Your notices to us must be addressed as stated in the customer support or "help" area for the Traveler ID Network.

17. Our Notices to You; Consent Regarding Electronic Information.

This contract is in electronic form. There may be other information regarding the Traveler ID Network that the law requires us to send you. We may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may cancel your access to the Traveler ID Network. We may provide required information to you (1) via email at the email address you specified when you signed up for your Traveler ID account, (2) by access to an ITG web site that will be designated in an email notice sent to you at the time the information is available, or (3) by access to an ITG web site that will be generally designated in advance for such purpose. Notices provided to you via email will be deemed given and received on the transmission date of such email.

18. Privacy.

For information regarding your privacy, see the Traveler ID Network Privacy Statement.