TERMS & CONDITIONS  

User Agreement

LeisureLogix, LLC operates a family of websites (“Website(s)”), including, but not limited to “RoadEscapes” (www.roadescapes.com). All persons using the Websites are individually and collectively referred to as “you”, and LeisureLogix, LLC is referred to as "LeisureLogix", "we", "us" and "our". We use the Websites to provide you with information, resources, tools, products and services specific to road trip planning, mapping, routing and booking, and to provide you with information about us, our partners and our advertisers, and our respective products and services.

By using our Website, our database (“Advice Engine”), our road-planning tool (“Roadtrip Wizard”) and the online booking engine ("Booking Engine") contained on our Website (collectively called “Materials”), you are agreeing to the following terms and conditions of use without modification or revision. It is important that you understand that we may amend, revise or update the terms and conditions of this User Agreement at any time and without prior notice to you. Therefore, you should carefully review the terms and conditions of this User Agreement each time you use our Materials. If the terms and conditions of this User Agreement are not acceptable to you, you should not use our Website or Materials.

Use of Information

We reserve the right, and you authorize us, to use and assign all information provided by you in any manner consistent with our Privacy Policy. You may view our Privacy Policy here.

Ownership

The Website, Advice Engine and Booking Engine are owned and operated by LeisureLogix, LLC. All information, including without limitation text, graphics, software and all other materials including the HTML, XML, CGI and any other code and script in any format used to implement our Booking Engine, Advice Engine, or Website (“Content”) are our property or the property of our licensors. You do not, by using our Website or Materials, acquire any ownership or other rights to any Content or Materials contained on or accessible through our Website, Advice Engine or Booking Engine.

Electronic Delivery Policy and Your Consent

By using the Materials, you consent to receive from LeisureLogix, LLC all communications, including notices, agreements, legally required disclosures or other information in connection with the Materials (collectively, "Notices") electronically. LeisureLogix, LLC shall provide such electronic Notices by posting them on this website. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of the website and the Materials.

Limited Right to Use

Subject to the terms and conditions set forth in this User Agreement, we hereby grant to you a non-exclusive, limited, non-transferable and revocable license to view, print and download Content and Materials from our Website and Booking Engine solely for your personal and noncommercial use solely for purposes of enabling you to plan, gather information, purchase products or services offered through our Website, Route-Planning Tool, Advice Engine or Booking Engine. You agree not to republish, distribute, assign, modify, transmit, display, reproduce, license, create derivative works from, transfer or sell any Content or Materials obtained or obtainable on or through our Website, Advice Engine or
Booking Engine.

License to and Limitations on Use of Maps, Cartographic Technology and Content Information

Provided you comply with these Terms of Use, LeisureLogix, LLC grants you a nonexclusive, non-transferable license to view and print the Materials solely for your own personal non-commercial use. You may share a map and trip-plan with another individual for that individual's personal non-commercial use using the email option on the map webpage. You may not commercially exploit the Materials or the underlying data, including without limitation, you may not create derivative works of the Materials, use any data mining, robots, or similar data gathering and extraction tools on the Materials, frame any portion of the Materials, or reprint, copy, modify, translate, port, publish, sublicense, assign, transfer, sell, or otherwise distribute the Materials without the prior written consent of LeisureLogix, LLC.

Copyright and Trademark Notices

The Content and other matters related to our Website or Materials are protected under applicable laws relating to intellectual property rights, including but not limited to copyright and trademark laws. The copying, redistribution, use or publication by you of any such matters or any part of our Website or Materials, except as allowed under this User Agreement, is strictly prohibited. The posting of Content on our Website does not constitute a waiver of any such rights. LeisureLogix and certain other trade names are either trademarks or service marks or registered trademarks or service marks of LeisureLogix, LLC. Other product and company names contained on the Website or Booking Engine may be trademarks or service marks of their respective owners. LeisureLogix, LLC reserves all right, title and interest in and to its copyright and trademark rights.

Except as expressly permitted above, any use of any portion of the Website or Materials without the prior written permission of LeisureLogix, LLC is strictly prohibited and will terminate the license granted herein.

Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

You represent and warrant that your use of the Website and the Materials will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. You expressly agree to indemnify LeisureLogix, LLC against any liability to any person arising out of your use of the Website and Materials not in accordance with these Terms and Conditions.

To request permission for uses of Materials not included in the foregoing license, you may contact LeisureLogix, LLC as follows: info@roadescapes.com [mail-to/ link to “contact us”]


Non-transferable

Your right to use our Website and Materials is not transferable.

Liability Disclaimer and Limits

THE CONTENT OR MATERIALS PUBLISHED ON THIS WEBSITE AND/OR IN THE ADVICE AND BOOKING ENGINE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE CONTENT OR MATERIALS MAY BE CHANGED OR UPDATED PERIODICALLY. WE MAY, BUT SHALL NOT BE REQUIRED TO, MAKE ANY CHANGES TO OUR WEBSITE, ADVICE ENGINE OR BOOKING ENGINE AT ANY TIME WITHOUT PRIOR WRITTEN NOTICE TO YOU.

WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY ABOUT THE SUITABILITY OF THE CONTENT CONTAINED ON OUR WEBSITE, ADVICE ENGINE OR THE BOOKING ENGINE FOR ANY PURPOSE WHATSOEVER, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON OR THROUGH OUR WEBSITE, ADVICE ENGINE OR BOOKING ENGINE SHALL NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY US. ALL SUCH CONTENT IS PROVIDED "AS IS," "AS AVAILABLE," WITHOUT ANY WARRANTY OF ANY KIND WHATSOEVER. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH CONTENT AND ALL PRODUCTS AND SERVICES AVAILABLE THROUGH OUR WEBSITE, ADVICE ENGINE OR BOOKING ENGINE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. OUR WEBSITE AND/OR MATERIALS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS, FOR WHICH YOU AGREE TO HOLD US HARMLESS.
THE SUPPLIERS PROVIDING PRODUCTS AND SERVICES THROUGH OUR WEBSITE OR MATERIALS ARE INDEPENDENT CONTRACTORS AND ARE NOT OUR AGENTS. WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE WHATSOEVER OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. FROM TIME TO TIME, ACCESS TO OUR WEBSITE OR MATERIALS (OR ANY PORTION THEREOF) MAY BE SUSPENDED WITHOUT PRIOR NOTICE. YOU AGREE THAT WE WILL HAVE NO LIABILITY AND WILL NOT BE OBLIGATED TO MAKE ANY REFUND AND SHALL OTHERWISE NOT BE RESPONSIBLE IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, MISQUOTED RATES, STRIKE, RIOTS, FLOODS, ACTS OF GOD, SECURITY BREACH, FALSE TRANSMISSIONS, PRANKS, HOAXES, TECHNOLOGICAL FAILURE OR ANY OTHER CAUSE BEYOND OUR CONTROL, AND FURTHER THAT WE SHALL NOT HAVE ANY RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF OUR WEBSITE OR MATERIALS OR THE DELAY OR INABILITY TO USE OUR WEBSITE OR MATERIALS, OR FOR ANY CONTENT OR PRODUCTS OR SERVICES OBTAINED THROUGH OUR WEBSITE, ADVICE ENGINE OR BOOKING ENGINE, OR OTHERWISE ARISING OUT OF THE USE OF OUR WEBSITE OR MATERIALS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

No Unlawful or Prohibited Use

As a condition of your use of our Website and Materials, you agree that you will not use our Website or Materials for any purpose that is unlawful or prohibited by, or inconsistent with this User Agreement. You represent and warrant that you are at least 18 years old and posses the legal authority to enter into this User Agreement and to use our Website and Materials in accordance with the Terms and Conditions of this User Agreement. You may only use our Website and Materials to perform route-planning and mapping, make legitimate reservations or purchases and not for any other purposes, including without limitation, to make any speculative, false or fraudulent reservations or any reservation in anticipation of demand.

Content

Some of the Content that refers to city attractions, things to do, hotel accommodations, restaurants and other services is the property of, and is supplied by, third party suppliers that are not under our control. We do not independently verify, and do not guarantee, the accuracy of the information that we receive from such third parties. All information, prices and availability are subject to change without notice.

Links to Other Websites

Our Website and Materials may contain hyperlinks to websites operated by third parties. We do not control such websites and will not be responsible for their content or for any breach of contract or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay or injury to you or your companions. We are not responsible for the accuracy of opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Website or Materials does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave our Website, Advice Engine or Booking Engine to access these third party sites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of websites operated by third parties will apply to you while on such sites. We are not responsible for information provided to you by third parties.

International Use

LeisureLogix, LLC makes no representation that the Materials are appropriate or available for use in locations outside the United States, and accessing it from territories where the Materials are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws.

Indemnification

You agree to indemnify, defend and hold us, and any of our officers, directors, employees, agents, successors and assigns, harmless from and against any liability, claim, loss, expense, cause of action or demand, including without limitation reasonable legal and accounting fees arising directly or indirectly in connection with any breach by you of any term, condition, representation, warranty or covenant contained herein or otherwise resulting from your use of our Website and Materials.

Contract Information

No contract will exist as between you and us for the sale of any product or service other than Editor’s Pick hotel reservations unless and until we accept your reservation by email confirming your reservation or purchase and issue you a unique confirmation code. Acceptance will be deemed complete and will be deemed to be effectively communicated to you for all purposes at the time that we send the email to you whether or not you receive the email.

Miscellaneous

This User Agreement shall be governed by and construed in accordance with the laws of the State of Florida, USA, without regard to any conflict of law principles. You irrevocably and unconditionally agree that any legal proceeding arising out of or relating to this User Agreement may be brought in the United States District Court for the Middle District of Florida, 11th Circuit, or, if that court lacks jurisdiction, in any court of competent jurisdiction in Pinellas County; and hereby consent to the jurisdiction of each such court in any proceeding. Use of our Website and Matrials is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including, without limitation, this paragraph.

This User Agreement (and any other Terms and Conditions referenced herein) constitutes the entire and only agreement between us and you, and supercedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to our Website, the Route-Planning Tool, Advice Engine or Booking Engine, the Content or any products or services provided by or through our Website or Materials, and the subject matter of this User Agreement. You agree that no joint venture, partnership, employment or agency relationship is created as a result of this User Agreement or use of our Website and Materials. Our performance of this User Agreement is subject to existing laws and legal process, and nothing contained in this User Agreement is in derogation of our right to comply with law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. If any part of this User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this User Agreement shall continue in effect. A printed version of this User Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this User Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Our failure to enforce any provision of this User Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event. Any rights not expressly granted herein are reserved. Other terms and conditions may apply to your purchase of products or services offered on or through the Website and Materials.

Third Party Notices and Licenses

The following notices and licenses apply to the extent of third party data used in the Materials. These notices and licenses do not amend, supplement, waive or otherwise affect any provisions in the Terms of Use applicable to LeisureLogix, which take precedence over the following notices and licenses governing third party data:

Tele Atlas
“© 1984-2007 Tele Atlas.  All rights reserved. This material is proprietary and the subject of copyright protection and other intellectual property rights owned by or licensed to Tele Atlas.  The use of this material is subject to the terms of a license agreement. You will be held liable for any unauthorized copying or disclosure of this material.”

Licensed Products are the confidential information of Tele Atlas North America, Inc. (TANA) and disclosure of the Licensed Products and unauthorized copying to third parties is prohibited.

Removal or obscuring of any copyright, trademark notice, or restrictive legend is prohibited.

The covenants and obligations undertaken by the End User herein are intended for the direct benefit of TANA and may be enforced by TANA directly against the End User.

TANA SHALL NOT BE LIABLE TO THE UNDERSIGNED FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR EXEMPLARY DAMAGES ARISING OUT OF THIS AGREEMENT, INCLUDING LOST PROFITS OR COSTS OF COVER, LOSS OF USE OR BUSINESS INTERRUPTION OR THE LIKE, REGARDLESS OF WHETHER THE PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TANA SHALL HAVE NO MONETARY LIABILITY TO THE UNDERSIGNED FOR ANY CAUSE (REGARDLESS OF THE FORM OF ACTION) UNDER OR RELATING TO THIS AGREEMENT.

THE LICENSED PRODUCTS ARE PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS BASIS” AND TANA AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE.  NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY TANA OR ANY OF ITS AGENTS, EMPLOYEES OR THIRD PARTY PROVIDERS SHALL CREATE A WARRANTY, AND LICENSEE IS NOT ENTITLED TO RELY ON ANY SUCH ADVICE OR INFORMATION.  THIS DISCLAIMER OF WARRANTIES IS AN ESSENTIAL CONDITION OF THE AGREEMENT.

The End Users acknowledges that the use of the Licensed Products with a non-TANA map may result in increased variance between the location displayed on the map and ground truth location.

End Users shall not provide display or allow access except for internal use only, to the actual numerical latitude and longitude coordinates.

World Choice Travel
Please refer to World Choice Travel’s Terms & Conditions for more information.

WCities
"Copyright © 1999-2007 wcities.com All rights Reserved“ Contact Wcities for further information.

The foregoing User Agreement was last updated on September 10, 2008.