Terms & Conditions
By registering and/or using the Odyssey Express Travel Site, You agree (for yourself and on Your company’s behalf) to the following rules and regulations without limitation or qualification (the "Agreement").
Odyssey Express Travel may at any time revise this Agreement. You are bound by such revisions and should therefore periodically visit to review the current Agreement. Your continued use of the Odyssey Express Travel Site shall indicate Your acceptance of the Agreement as amended. This Agreement was last revised October 13, 2005.
1. Use of the Odyssey Express Travel Portal
This Agreement provides You with a personal, revocable, non-exclusive, non-transferable license to use the Odyssey Express Travel Site, conditioned on Your continued compliance with this Agreement.
You agree not to copy, modify, adapt, reproduce, translate, distribute, transmit, reverse engineer, frame, decompile, or dissemble any aspect of the Odyssey Express Travel Site (including any prices or service descriptions), with the following exception: You may display, print, and store one electronic copy of content provided by Odyssey Express Travel for Your personal use. Actual or attempted unauthorized use of the Odyssey Express Travel Site may result in criminal and/or civil prosecution.
You hereby undertake and agree:
not to use Odyssey Express Travel for any illegal purpose
not to make any attempts to make fraudulent purchases.
2. Use of the Odyssey Express Travel Site
You understand that some information offered through the Odyssey Express Travel Site is offered by third parties that operate services independently from Odyssey Express Travel. You assume total responsibility and risk for Your use of services and the information about them offered through Odyssey Express Travel.
3. Change of Information and Odyssey Express Travel Portal
Information on this web site and the web site itself may be changed and updated without prior notice.
4. Intellectual Property Rights
All textual, graphical and other content created by or for Odyssey Express Travel and appearing on this web site is the property of Odyssey Express Travel, Inc., 47 Frost Road, Tyngsborough, MA 01879. © 2005 Odyssey Express Travel, Inc. All rights reserved. Odyssey Express Travel also owns a copyright in the Odyssey Express Travel Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of such content. Republication or citation of any content generated by the Odyssey Express Travel Site without Odyssey Express Travel’s written consent is expressly prohibited. This web site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Odyssey Express Travel is a trademark of Odyssey Express Travel, Inc.
5. Hyperlinked web sites
Odyssey Express Travel makes no warranties or representations whatsoever regarding any other web sites, which You may access through this web site. Third party web sites are independent from Odyssey Express Travel, and Odyssey Express Travel has no control over the content of such web sites, nor does Odyssey Express Travel have any control over the collection of personal information by third party web sites. In addition, a link to a non-Odyssey Express Travel web site does not mean that Odyssey Express Travel endorses or accepts any responsibility for the content or the use of such web site.
6. Privacy Policy
Use of Your personal data is governed by Odyssey Express Travel’s Privacy Policy which is incorporated herein and can be accessed at PRIVACY POLICY
7. Received Comments or Suggestions
Any comments or suggestions sent to Odyssey Express Travel become the property of Odyssey Express Travel and may be used without limitation.
8. Exclusion of Warranties/Limitation of Liability/Indemnification
THE ODYSSEY EXPRESS TRAVEL SITE IS PROVIDED BY ODYSSEY EXPRESS TRAVEL ON AN "AS IS" AND "AS AVAILABLE" BASIS. ODYSSEY EXPRESS TRAVEL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ODYSSEY EXPRESS TRAVEL SITE OR THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED ON THE ODYSSEY EXPRESS TRAVEL SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE ODYSSEY EXPRESS TRAVEL SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ODYSSEY EXPRESS TRAVEL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ODYSSEY EXPRESS TRAVEL DOES NOT WARRANT THAT THE ODYSSEY EXPRESS TRAVEL SITE, ITS SERVERS, OR E-MAIL SENT FROM ODYSSEY EXPRESS TRAVEL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IT IS UP TO YOU TO TAKE PRECAUTIONS AGAINST VIRUSES AND OTHER ITEMS OF DESTRUCTIVE NATURE. ODYSSEY EXPRESS TRAVEL ALSO RESERVES THE RIGHT TO ALTER THE CONTENT OF THE ODYSSEY EXPRESS TRAVEL SITE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR ANY TYPOGRAPHICAL ERRORS THAT MAY APPEAR ON THE SITE OR FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER ODYSSEY EXPRESS TRAVEL NOR ITS AFFILIATES NOR ANY OF THEIR EMPLOYEES, AGENTS, DIRECTORS, EMPLOYEES, PROPRIETORS, PARTNERS, REPRESENTATIVES, SHAREHOLDERS, SERVANTS, ATTORNEYS, PREDECESSORS, SUCCESSORS AND ASSIGNS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE OF THE SERVICES PROVIDED AT THE SITE) ARISING OUT OF USE OF THE SITE, THE INFORMATION CONTAINED ON THE SITE, OR ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED AT THE SITE (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF ODYSSEY EXPRESS TRAVEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. ODYSSEY EXPRESS TRAVEL ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF OR BROWSING OF THE WEB SITE OR YOUR DOWNLOADING OF ANY MATERIAL, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEB SITE. FURTHERMORE, ODYSSEY EXPRESS TRAVEL ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER DUE TO ANY THIRD PARTY’S UNAUTHORIZED ACCESS TO THE WEB SITE, PASSWORDS OR DATA OR INFORMATION IN THE WEB SITE.
SHOULD ANY PORTION OF THE FOREGOING LIMITATION ON LIABILITY BE DEEMED UNENFORCEABLE, IN NO EVENT SHALL ODYSSEY EXPRESS TRAVEL’S AGGREGATE CUMULATIVE LIABILITY IN ANY CIRCUMSTANCES TO THE USER (AND YOUR COMPANY AS APPLICABLE) ARISING OUT OF OR RELATING TO YOUR USE OF THE ODYSSEY EXPRESS TRAVEL SITE EXCEED $500.
You agree to reimburse and hold harmless Odyssey Express Travel and its affiliates and any of their employees, agents, directors, employees, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors and assigns against any claims arising directly or indirectly from Your use of the Odyssey Express Travel Site.
9. Termination
Your right to use the Odyssey Express Travel Site may be terminated by Odyssey Express Travel without notice, and You may stop using the Odyssey Express Travel Site at any time without notice. Upon termination of this Agreement, Sections 4, 7, 8, 9, and 10 shall survive.
10. Law and Venue
This Odyssey Express Travel Site, including this Agreement, shall be governed by, and construed in accordance with, the laws of the State of Massachusetts (without giving affect to the choice of law principles thereof). Any dispute arising out of or in relation to this web site, including this Agreement, shall be subject to the exclusive jurisdiction of the federal and state courts of Massachusetts. You agree and consent to the personal jurisdiction in the federal and state courts of Massachusetts, for any action concerning any dispute arising in connection with this web site or this agreement. You represent that You are using the Odyssey Express Travel Site at the direction and for the benefit of Your company, and have authority to bind Your company to this Agreement. If any portion of this Agreement is adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and carried into effect.
