Private Trade Winds

Terms and Conditions

Welcome to the website of Private Trade Winds, Inc. ("PTW" or "we"). PTW provides you access to the www.privatetradewinds.com website and any other websites owned by PTW (collectively, "Site") and the information and other materials available on and through the Site, including certain third-party websites and services, subject to your compliance with the terms and conditions set forth below ("Terms of Use"). Your access to and use of the Site is subject to the following terms and conditions and all applicable laws. By accessing and browsing our Site, you accept, without limitation or qualification, these terms and conditions, whether you are a "Visitor" (which means that you simply browse the Site) or you are a "Client" (which means that you have registered with PTW). The term "User" refers to a Visitor or a Client. If you do not agree to them, please DO NOT USE THIS SITE. Your continued use of our Site evidences your agreement to be bound by each of the Terms of Use and our Privacy Policy as well as the terms of use and privacy policies of our third party sponsors and vendors and constitutes a legally binding contract between you and PTW. Be sure to return to this page periodically to review the most current version of the Terms of Use. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of the Site signifies your acceptance of the updated or modified Terms of Use. PTW respects the privacy concerns of our Users. For information concerning the collection and use of information by PTW, please refer to our Privacy Policy.

Use of the Site

As a condition of your use of the Site, you warrant that (i) you are at least 18 years of age, (ii) you possess the legal authority to create a binding legal obligation, (iii) you will use the Site in accordance with the Terms of Use, (iv) you will only use the Site to make legitimate reservations for you or for another person for whom you are legally authorized to act, (v) all information supplied by you on this Site is true, accurate, current and complete, and (vi) if you have PTW account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you. We retain the right at our sole discretion to deny access to anyone to the Site and the services we offer, at any time and for any reason, including, but not limited to, for violation of the Terms of Use.

Registration

You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or PTW has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PTW has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). We collect and use the Registration Data exclusively to better provide tailored travel services and airline frequent flier mileage tracking and not for third-party marketing purposes.

You will create a password and account designation upon completing the Site's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify PTW of any unauthorized use of your password or account or any other breach of security and (b) ensure that you exit from your account at the end of each session. PTW will not be responsible or liable for any loss or damage arising from or in connection with your failure to comply with these requirements.

Use of Materials on this Site

All text, graphics, multimedia content or other material that you see or read or is made available on this Site (such as information, data, software, images, photographs, illustrations, texts, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material) and all related code ("Content") and the arrangement and compilation of the Content is owned or being used with permission by PTW and its licensors, partners and vendors and may not be used except as provided in these Terms of Use. Without PTW's prior written permission, you may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of our Content in any way for any purpose, including using our Content on any other website. However, you may electronically copy or print pages from this Site for personal, non-commercial use, provided that you include a copyright notice on each page

Your Submissions

PTW likes to hear from you. Any creative or original materials or any other creative suggestions, text, software, music, sound, photographs, graphics, videos, messages, ideas, notes, drawings, concepts, marketing plans or other information that you submit to us by electronic mail or otherwise, will be treated in accordance with these Terms of Use and our Privacy Policy, which is incorporated herein by reference.

By submitting and/or posting Content to the Site, you automatically grant to PTW a royalty-free, perpetual, irrevocable, non-exclusive and fully sub licensable right and license to use, reproduce, modify, adapt, publish, edit, translate, distribute, perform, create derivative work of and display such Content alone, or as a part of other works in any form, media or technology, whether now known or hereafter developed. Any Content you transmit or post may be used by PTW or licensed to others by PTW for any purpose, including, without limitation, to reproduction, disclosure, transmission, publication, broadcast and posting.

As a User, you are responsible for your own Content and are responsible for the consequences of your posting such Content. You may not post, upload or transmit to the Site, or to the PTW servers, any communications, text, graphics or other information or Content that: (1) is unlawful, obscene, fraudulent, indecent or that defames, abuses, harasses, or threatens others, or is hateful or racially, ethnically or otherwise objectionable; (2) contains any software viruses, Trojan horses, worms, bombs or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (3) advocates or encourages any illegal activity; (4) infringes on the copyright, patent, trademark, trade secret, right of publicity or other intellectual property, proprietary, contracted, personal or other right of any third party; (5) violates the privacy of individuals, including other Users of the Site; (6) violates any applicable local, state, national or international law; or (7) make any speculative, false or fraudulent reservation or any reservation in anticipation of demand. You agree not to use bots, spiders or intelligent agent software (or other methods) for any purpose other than accessing publicly posted portions of the Site or accessing those portions of the Site for which you, if you are a Client, would have authorized access and then only for the purposes consistent with the limited license hereunder and these Terms of Use, without the express written permission of PTW. You agree not to, or attempt to, circumvent any access or use restrictions, data encryption or content protection related to the Site, not to data mine the Site and not to in any way cause harm to or burden the Site. You agree that you will not post on or transmit through the Site any advertising or commercial solicitation of any kind whatsoever, including, without limitation, via e-mail or chat. You further agree not to use the Site, or any element or portion thereof (including, without limitation, e-mail addresses of users), for any commercial purpose whatsoever.

PTW does not represent or guarantee the truthfulness, accuracy or reliability of any Content posted by other Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk. PTW does not screen communications in advance and is not responsible for screening or monitoring any material posted by Users. If PTW becomes aware of any communication that allegedly does not conform to these Terms of Use, PTW may investigate the communication and determine in good faith in its sole discretion whether to edit or remove or request the editing or removal of the communication. PTW may also choose to monitor such information periodically in order to improve the services offered to Users, though PTW does not obligate itself to conduct such monitoring. PTW has no liability or responsibility to you for performance or nonperformance of such activities. PTW reserves the right to edit or remove Content, expel Users and prevent their further access to the Site for violating these Terms of Use or the law.

Supplier Rules and Restrictions Disclosure

Separate terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. Please read these separate terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of fares, products, or services. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier's rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.

You agree that PTW is not the source or supplier of the travel services requested, and acts solely as a booking agent for disclosed principal supplier villa owners, cruise lines, hotels, airlines, air charters, bus companies, ground transportation, boat purveyors or owners, and other independent contractors providing accommodations, transportation, and/or other services abroad. You acknowledge each of these companies is an independent entity with its own management, and is not subject to the control of PTW.

Client agrees that the suppliers whose names appear in travel documentation are those actually responsible for providing the travel services purchased, and consents to the use of those suppliers, and understands and agrees each supplier's Terms and Conditions are contained in printed form and/or on their respective Web sites additionally governing the transaction. You acknowledge that all bookings are accepted by PTW as agent for independent domestic and overseas villa owners, sea, air, ground and tour operators in your itinerary. The transportation, accommodations and other services provided by the identified sea, ground, and air operators offered are subject to the terms and conditions contained in the tickets, exchange orders or vouchers issued by them and/or their suppliers, including Terms and Conditions on their respective Web sites. PTW reserves the right to treat the booking as cancelled if the balance due is not paid on time. As a result of such cancellation, PTW 's and supplier's cancellation penalties will apply, which are detailed in your travel documentation, the supplier's Web sites and the www.privatetradewinds.com web site. All cancellation fees will be charged to the credit card you authorized to pay for travel services, including cancellation fees and change fees, or deducted from the supplier's refund. You understand and agree that PTW reserves the right to charge a cancellation and change charge.

Health Matters

Health matters, including but not limited to concerns related to norovirus, should be addressed to the following: a) the cruise line you selected, and b) your personal physician, and c) the Center for Disease Control. Clients traveling to areas where vaccination(s) are responsible to check medical requirements for wherever you may venture. Required or advised inoculations you decide to obtain upon the advice of your personal physician may need to be administered in a series of doses months ahead of your planned departure, and such time element should be taken into account by you when making deposits and/or nonrefundable final payments. Visit the Web sites of the USA Centers for Disease Control, www.cdc.gov; and the International Society of Travel Medicine, www.istm.org. Every attempt has been made to include all taxes in your package. In rare instances, certain departure taxes must be paid in cash only, upon departure from a country, and may vary in price. It is the responsibility of the passenger to make PTW aware when they are traveling on a passport from a country other than the USA.

Travel Documentation

Travel Documentation Proof, such as passports, visas, inoculation certificates remains each traveler's responsibility. You may check Travel Documentation requirements at www.CIBT.com or you may call CIBT at 1-800-929-2428 Monday-Friday from 7:30 a.m. to 7:00 p.m. You are authorized to use account code #65068 when paying for services. If a passport is required the expiration date should be at least 6 months following the return date of the vacation. For further information, visit the USA State Department Web site http://travel.state.gov on a regular basis for information regarding incidence of disease, terrorism, safety issues, crime, the need for travel documentation (such as passports, visas, proof of health/vaccination certificates), health hazards, and other restrictions regarding travel to your domestic and/or international destination(s), and re-entry into the United States. Please note that government rules regarding entry and exit change on a daily basis.

Very Important: Some destinations currently require that your passport will not expire within 6 months of the date of your itinerary return. All United States citizens are required to have a valid passport to travel anywhere outside the United States. This includes the Caribbean, Bermuda, Mexico, Panama, Canada, and on all cruises. Visas may also be required for some destinations. Remember, each child traveling with you requires individual travel documentation as well.

Copyright and Trademark

The Content includes copyrighted materials, trademarks and other proprietary information, which may include, without limitation, text, software, photos, video, audiovisual recordings, graphics, music and sound. The entire contents of the Site are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, PTW owns a copyright in the selection, coordination, arrangement and enhancement of such Content, as well as in the content original to PTW. Third-party content providers own the copyright in content that is original to them. The trademarks, logos and service marks (collectively the "Trademarks") displayed on this Site are registered and unregistered trademarks of PTW and other third parties. Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on this Site without the written permission of PTW or such third party that may own the Trademarks displayed on this Site. Your misuse of the Trademarks displayed on this Site or any other Content on this Site, except as provided herein, is strictly prohibited. In addition, elements of the Site are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the written permission of PTW.

Links

This Site contains links to pages on other websites, and those websites may offer products, services or other resources. Because PTW has no control over such websites and resources and has not reviewed all of the websites linked to this Site, you acknowledge and agree that PTW has no responsibility for the accuracy of information provided by or available via other websites. Links to external websites do not constitute an endorsement by PTW of the sponsors of such websites or the content, products, advertising or other materials presented on those websites. PTW does not author, edit or monitor these pages or links. Your linking to any other pages or websites is at your own risk. You further acknowledge and agree that PTW is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on these other websites or resources. We encourage you to read the privacy statements and terms of use of all such websites, as their policies may be materially different from our Privacy Policy and these Terms of Use.

Infringement Complaints - Digital Millennium Copyright Act Notice

PTW respects others' intellectual property rights and has made every effort to secure appropriate clearances for all proprietary intellectual properties that PTW directly makes available on the Site, and we ask our Users to do the same. PTW may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of Users, who it suspects to be infringers. If you believe any material on the Site, either posted by PTW, our Users or any other party, is infringing, please contact PTW at the address below. Pursuant to the Digital Millennium Copyright Act, PTW has a designated agent to receive copyright infringement claims.

You may notify PTW of alleged intellectual property rights infringement by contacting our designated DMCA Agent at:

Private Trade Winds, Inc.
500 Newport Center Drive, #900
Newport Beach, CA 92660
E-mail: info@privatetradewinds.com

DO NOT SEND ANY INQUIRIES UNRELATED TO POTENTIAL INFRINGEMENT OF RIGHTS OR OTHER LEGAL MATTERS (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, ETC.) TO THE CONTACT LISTED ABOVE. YOU WILL NOT RECEIVE A RESPONSE IF YOU SEND COMPLAINTS UNRELATED TO LEGAL MATTERS TO THAT CONTACT.

If your notification involves infringement of copyright or trademark rights, please include the following information in your notice:

1. Identification of the work(s) claimed to have been infringed and a statement of ownership to such work(s);
2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
3. Information reasonably sufficient to permit us to contact you, such as an address, telephone number and e-mail address at which you may be contacted;
4. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
5. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
6. Your physical or electronic signature.

Disclaimer

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ANY CONTENT, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED WITHIN THE SITE IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PTW DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND ANY SITE-RELATED CONTENT. IN ADDITION, PTW DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. UNDER NO CIRCUMSTANCES WILL PTW BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS, INACCURACIES OR OMISSIONS IN ANY CONTENT, INCLUDING PRICING ERRORS, INACCURACIES RELATING TO THE DESCRIPTIONS OF PRODUCTS OR SERVICES DISPLAYED ON OR ACCESSED THROUGH THE SITE OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED OR OTHERWISE TRANSMITTED VIA THE SITE. IF YOU FIND ANY CONTENT ON THE SITE OBJECTIONABLE, DO NOT USE THE SITE.

THE VENDORS, SPONSORS, ADVERTISERS, PARTNERS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER PRODUCTS OR SERVICES ON OR THROUGH THE SITE (COLLECTIVELY, "SUPPLIERS") ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF PTW, ITS AFFILIATES OR SUBSIDIARIES. PTW AND ITS AFFILIATES AND SUBSIDIARIES 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. PTW AND ITS AFFILIATES AND SUBSIDIARIES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY FAILURE TO DELIVER OR THEIR PARTIAL OR INADEQUATE DELIVERY OF SERVICES DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE , ACTS OF TERRORISM, DEFECTS IN VEHICLES, BREAKDOWN IN EQUIPMENT, STRIKES, THEFT, WILDLIFE, CANCELLATION OF OR CHANGE IN ITINERARY OR SCHEDULES. WEATHER CONDITIONS, INCLUDING BUT NOT LIMITED TO PRESENCE OR ABSENCE OF SNOW, SUNSHINE, AND RAINFALL OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL PTW, ITS AFFILIATES OR SUBSIDIARIES, THEIR SPONSORS, CONTRACTORS, ADVERTISERS, SUPPLIERS, VENDORS OR OTHER PARTNERS, ANY OF THEIR SUCCESSORS, ASSIGNS OR LICENSEES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES (COLLECTIVELY "RELEASED PARTIES") BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE USE OR THE INABILITY TO USE THE SITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT AVAILABLE ON THE SITE, ANY WEBSITES LINKED TO OR THROUGH THE SITE, YOUR RELIANCE UPON OPINIONS APPEARING ON THE SITE, ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE SITE OR ANY OTHER MATTER RELATING TO THE SITE OR INFORMATION CONTAINED WITHIN THE SITE, EVEN IF ANY OF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED CONTENT IS TO STOP USING THE SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY AND RELEASE IS MADE WITH THE KNOWING INTENT OF RELEASING ALL KNOWN AND UNKNOWN CURRENT AND FUTURE CLAIMS AND WITH THE INTENT OF WAIVING ALL RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542 OR OTHER LAWS REQUIRING SIMILAR WAIVERS TO BE KNOWINGLY MADE.

IF, NOTWITHSTANDING THE ABOVE, A RELEASED PARTY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE RELATING TO THE USE OF THE SITE, YOU AGREE THAT THE LIABILITY OF ANY SUCH RELEASED PARTY TO YOU OR ANY THIRD PARTY SHALL BE LIMITED IN THE AGGREGATE TO THE GREATER OF (A) THE TOTAL FEES THAT YOU PAID TO PTW IN THE PRIOR 12 MONTHS GIVING RISE TO THE LIABILITY OR (B) US$100.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILTY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Reservation of Rights

PTW reserves the right to cancel any itinerary or any part of it, to make such alterations in the itinerary as it deems necessary or desirable, to refuse to accept or to retain as a member of any tour any person at any time, and to pass on to clients any expenditure occasioned by delays or events beyond its control. In case of any appreciable variation in its cost, PTW reserves the right to adjust its rates. PTW has solely received a commission and perhaps a service fee for this transaction and Client agrees and understands that any recovery from PTW will be limited to the commission and service fee actually received by PTW to the extent allowed by applicable law.

Indemnity

You irrevocably agree to indemnify and hold PTW and the Released Parties harmless from any claim or demand, including reasonable attorneys' fees, made by any third party, arising out of or in connection with, the Content you submit, post to or transmit to the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use or any documents referenced herein or your violation of any laws or of any rights of another party.

Equipment

You agree to be responsible for obtaining and maintaining all telephone, internet access, computer hardware and other equipment needed for access to and use of the Site, and you shall be responsible for all charges related thereto.

Distribution Limitations and Territorial Restrictions

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject PTW to any registration requirement within such jurisdiction or country. This Site is controlled and operated by PTW from its offices within the State of California, USA, and PTW makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and risk and are responsible for compliance with local laws regarding online conduct and acceptable content if and to the extent local laws are applicable. Use of or access to the Site shall not be construed as the purposeful availment of the benefits or privilege of doing business in any state other than the State of California by PTW. Software related to or made available by this Site may be subject to United States export controls. Thus, no software from this Site may be downloaded, exported or re-exported in violation of United States export laws, including, without limitation, (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to this Site, you represent and warrant that you are not located in, under the control of or a national or resident of, any such country or on any such list. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods.

Modification and Termination

PTW reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any materials, information or content available on the Site and any functionality or features in or on the Site, including the cessation of all activities associated with the Site, with or without notice. You agree that PTW shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

PTW may, in its sole discretion, terminate your use of the Site for any reason, including, without limitation, if PTW believes that you: (1) have breached these Terms of Use or otherwise acted inappropriately; (2) infringed the intellectual property right of a third party; (3) provided any information that PTW is unable to verify or authenticate; (4) uploaded or transmitted unauthorized Content to the Site; or (5) violated or acted inconsistently with the letter or spirit of these Terms of Use. You agree that any termination of your access to the Site may be effected without prior notice to you.

General Provisions

These Terms of Use and the relationship between you and PTW shall be governed by, construed and enforced in accordance with the laws of the State of California and the USA, as it is applied to agreements entered into and to be performed entirely within California and without regard to any principles of conflicts of laws. You agree that any legal lawsuit or other action brought by PTW, you or any third party to enforce this agreement, or in connection with any matters related to this Site, shall be subject only to the jurisdiction of either the state or federal courts located in the County of Los Angeles, California. You and PTW agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the County of Los Angeles, California. You irrevocably agree that any and all disputes, claims and causes of action you may have in connection with or related to PTW or this Site will be resolved individually, without resort to any form of class action.

If any provision of these Terms of Use or the Privacy Policy is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the remainder, which will remain in force; the parties agree that the court should endeavor to give the fullest possible effect to the parties' intentions as reflected in the provision and shall not affect the validity and enforceability of any remaining provisions. Any delay or failure on the part of PTW to exercise or enforce any rights under these Terms of Use to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. You irrevocably agree that you waive any and all rights to injunctive or other equitable relief.

You agree that regardless of any statute or law to the contrary, any claim or cause of action, arising out of or related to, use of the Site or these Terms of Use must be filed in a court of applicable jurisdiction within one (1) year after such claim or cause of action arose or be forever barred.

PTW reserves the right to change or modify these Terms of Use at any time. These Terms of Use shall not be modified except in writing, as posted on this Site by PTW. Any change or modification made by PTW will be effective immediately upon posting on the Site, and your continued use of the Site means that you have agreed to accept any changes or modifications made by PTW. You should, therefore, periodically visit this page to review the most recent Terms of Use.

Private Trade Winds guards your privacy and security. We're certified by TrustE and Verisign. @2007, Private Trade Winds, Inc. All rights reserved.

CST #2088789-50. We are a part of the network of Virtuoso. Ltd. ("Virtuoso"), Specialists in the Art of Travel. Virtuoso provides marketing, sales, technology support and exclusive services and products to leading independent luxury travel agencies and the world's best travel providers and destinations. As an affiliate of Coastline Travel Advisors, CST #2040360-10 and Travel Planners International (TPI), 206396 4-40 # FL# ST17873, NV# 2002-0685, WA# 602-232-785. We provide you a comprehensive package of both on-line and personalized service to satisfy all of your travel needs.

Last Revised: September 18, 2007

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