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Top New England Vacations Terms, Conditions and Notices

Welcome to the TopNewEnglandVacations.com Web site (the "Web site"). This Web site is provided to assist suppliers of New England travel products and services in informing consumers and individuals engaged in the travel trade about their offerings, and for no other purposes. The terms "we", "us", "our" and "Top New England Vacations" refer to ACRO Corporation, a Maine corporation, owner of the Top New England Vacations service mark. The term "you" refers to the Supplier Member, Travel Trade Member or consumer visiting this Web site and/or contributing content to this Web site.

This Web site is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the "Agreement"). By accessing or using this Web site in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this Web site. Be sure to return to this page periodically to review the most current version of the Agreement. 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 this Web site signifies your acceptance of the updated or modified Agreement.

Use of the Web site

As a condition of your use of this Web site, you warrant that (i) all information supplied by you on this Web site is true, accurate, current and complete, and (ii) you are 13 years of age or older in order to register for an account, become a member and/or to contribute to our Web site. We do not knowingly collect the information of anyone under the age of 13. We retain the right at our sole discretion to deny access to anyone to this Web site and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

Protection of confidential information

In order to realize fully the objective of the Web site to inform Travel Trade Members about their offerings, Supplier Members must necessarily disclose to Travel Trade Members certain confidential and proprietary information, including tour operator net rates, trade discounts and other promotions available only to the trade. Such information is extremely valuable to the owners thereof, and must not be released to the public. Thus, if you are a Top New England Vacations Travel Trade Member, you agree to:

(i) safeguard your user name, password and other account information, and all confidential information of the Supplier Members of Top New England Vacations, and protect them in accordance with the security procedures by which you protect your own proprietary or confidential information;

(ii) supervise and be completely responsible for any use of your membership account, and the confidential information of Supplier Members, by anyone other than you, including restricting disclosure of the information solely to those individuals within your organization having a legitimate need for access, and advising those individuals of their obligation to preserve the confidentiality of the information.

Prohibited activities

The content and information on this Web site (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. 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 Web site. Additionally, you agree not to:

(i) access, monitor or copy any content or information of this Web site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;

(ii) violate the restrictions in any robot exclusion headers on this Web site or bypass or circumvent other measures employed to prevent or limit access to this Web site;

(iii) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

(iv) deep-link to any portion of this Web site for any purpose without our express written permission;

(v) "frame", "mirror" or otherwise incorporate any part of this Web site into any other Web site without our prior written authorization;

(vi) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs or code used by us in connection with the Web site or the services.

Privacy policy

We believe in protecting your privacy. Please click here to review our current Privacy Policy, which also governs your use of TopNewEnglandVacations.com, to understand our practices.

Violations; disclosure

Any use of any part of the Web site in violation of these Terms of Use may result in, among other things, termination or suspension of your rights to use the Web site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content. ACRO Corporation's right to disclose any such information shall take precedence over any terms of our Privacy Policy.

Liability disclaimer

The information, software, products, and services published on this Web site may include inaccuracies or errors. We do not guarantee the accuracy of, and disclaim all liability for, any errors or other inaccuracies relating to the information and description of any travel products displayed on this Web site (including, without limitation, the pricing, photographs, lists of amenities, general product descriptions, etc.).

We make no representations about the suitability of the information, software, products, and services contained on this Web site for any purpose, and the inclusion or offering of any products or services on this Web site does not constitute any endorsement or recommendation of such products or services by us. All such information, software, products, and services are provided "as is" without warranty of any kind. We disclaim all warranties and conditions that this Web site, its servers or any e-mail sent from the Web site or from ACRO Corporation or its affiliates are free of viruses or other harmful components. We 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 purpose, title, and noninfringement.

In no event shall ACRO Corporation or its officers, directors and affiliates 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 Web site or with the delay or inability to access, display or use this Web site (including, but not limited to, your reliance upon information appearing on this Web site; any computer viruses, information, software, linked sites, products, and services obtained through this Web site; or otherwise arising out of the access to, display of or use of this Web site) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if ACRO Corporation has been advised of the possibility of such damages.

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 ACRO Corporation.

Indemnification

You agree to defend and indemnify ACRO Corporation and its affiliates 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:

(i) your breach of this Agreement or the documents referenced herein;

(ii) your violation of any law or the rights of a third party; or

(iii) your use of this Web site.

Links to third-party sites

This Web site may contain hyperlinks to Web sites operated by parties other than ACRO Corporation. Such hyperlinks are provided for your reference only. We do not control such Web sites and are not responsible for their contents or the privacy or other practices of such Web sites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Web site or other Web sites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.

Software available on this website

Any software that is made available to download from the Web site ("Software") is the copyrighted work of ACRO Corporation, or our Affiliates, or other third party software as identified. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Web site not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this Web site in accordance with these terms and conditions and for no other purpose.

Please note that all Software, including, without limitation, any and all HTML, XML, JavaScript, PERL, Java code and Active X controls contained on this Web site, is owned by ACRO Corporation, and/or its affiliates, 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.

Copyright and trademark notices

All contents of this Website are © ACRO Corporation. All rights reserved. ACRO Corporation is not responsible for content on Web sites operated by any other parties. ACRO Corporation, ACRO Global, Top New England Vacations, any and all logos and all other product or service names or slogans displayed on the Web site are registered and/or common law service or trade marks of ACRO Corporation and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of ACRO Corporation or the applicable service or trade mark holder. In addition, the look and feel of the Web site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of ACRO Corporation and may not be copied, imitated or used, in whole or in part, without the prior written permission of ACRO Corporation. All other service and trade marks, registered or common law, product names and company names or logos mentioned in the Web site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, service mark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by ACRO Corporation.

Other logos and product and company names mentioned herein may be the service or trade marks of their respective owners.

If you are aware of an infringement of either your brand or our brand, please let us know by e-mailing us at corporate@acroglobal.com. We only address messages concerning brand infringement at this email address.

General

This Web site is operated by a U.S. entity and this Agreement is governed by the laws of the State of Maine, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Maine, USA and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this Web site. You agree that all claims you may have against ACRO Corporation arising from or relating to the Site must be heard and resolved in a court of competent subject matter jurisdiction located in the State of Maine, USA. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.

You agree that no joint venture, agency, partnership, or employment relationship exists between you and ACRO Corporation and/or Affiliates as a result of this Agreement or use of this Web site.

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 Web site 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 Web site 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 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 remaining provisions in the Agreement shall continue in effect.

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and ACRO Corporation with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and ACRO Corporation with respect to this Web site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Fictitious names of companies, products, people, characters, and/or data mentioned on this Web site are not intended to represent any real individual, company, product, or event.

Any rights not expressly granted herein are reserved.

Service help

For answers to your questions or ways to contact us, you can write to us at:

ACRO Corporation
36 Sea Street
Boothbay Harbor, ME 04538
USA

© 2011 ACRO Corporation. All rights reserved.

Revised: January 28, 2011




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