Welcome to the Internet Site(s) of Passenger Travel Service of America, Inc. ("PTSA"). PTSA includes KingsCrossingTravel.com, AmericanPassengerTravel.com, PassengerTravelServiceofAmerica.com, etravelution.com, and other sites affiliated with Passenger Travel Service of America, Inc. (each a "PTSA Site"). PTSA is operated by Passenger Travel Service of America, Inc. and its affiliates (referred to herein as "we," "us," or "our").
By using the Site, you signify your agreement to these terms of use ("Terms of Use"). If you do not agree to these Terms of Use, please do not use the Site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Please check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes to these Terms of Use will mean you accept those changes.
All materials contained in the Site are the copyrighted property of Passenger Travel Service of America, Inc., or its subsidiaries or affiliated companies and/or third party licensors. All trademarks, service marks, and trade names are proprietary to Passenger Travel Service of America, Inc. or its affiliates. No material from the Site or any Internet site owned, operated, licensed, or controlled by our affiliates or us may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may, however, download one copy of the materials on any single computer for your personal use only, provided that you (i) keep intact all copyright and other proprietary notices, (ii) make no modifications to the materials, (iii) do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (iv) do not download quantities of materials to a database that can be used to avoid future downloads from the Site. For purposes of these Terms of Use, the use of any such material on any other Web site or computer environment is prohibited.
In the event you download software from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third party licensors for your personal use only. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we (or third party licensors) retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form
We are pleased to hear from our users and welcome your comments regarding our products and services. Unfortunately, however, our long-standing company policy does not allow us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Please do not send us any unsolicited original creative materials such as stories or ideas, screenplays, or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials (unless specifically requested by us).
If, at our request, you send certain specific submissions (e.g., postings to chat, boards, or contests) or, despite our request, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature worldwide and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
"Email" means an e-mail function offered as part of the Site. If you use Email within the Site, you must not:
defame, abuse, harass or threaten others;
make any bigoted, hateful or racially offensive statements;
advocate illegal activity or discuss illegal activities with the intent to commit them;
post or distribute any material that infringes and/or violates any right of a third party or any law;
post or distribute any vulgar, obscene, discourteous or indecent language or images;
advertise or sell to, or solicit others; or
distribute any software or other materials which contain a virus or other harmful component.
By submitting any materials to us by Email or otherwise, you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all "moral rights" in those materials have been waived.
Please exercise discretion while browsing the Internet from the Site. You should be aware that when you are on the Site, you could be directed to other sites that are beyond our control. There may be links to other sites from web pages at the Site that take you outside of our service. For example, if you "click" on a banner advertisement or a search result, the "click" may take you off the Site. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Site, if any, may send cookies to users that we do not control.
We reserve the right to disable links from third party sites to the Site.
We make no representations concerning the content of sites listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in our search results or otherwise linked to the Site.
Please keep in mind whenever you give out personal information online --- for example, via message boards or chat --- that information can be collected and used by people you don't know. While we strive to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.
THE MATERIALS IN THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, DURABILITY, MERCHANTABLE QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Some services offered on PTSA Sites are subscription-based services. If you open a subscription-based account with any of our sites, you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. We reserve the right to change the amount of, or basis for determining, any fees or charges for services we provide, and to institute new fees, charges, or terms effective upon prior notice to customers. We reserve the right to terminate any account at any time for any reason.
PTSA agrees that it will terminate Customer's account upon notice from Customer. If cancellation is received within the first 30 days of Customer signing up for a service, Customer will be refunded all subscription fees for that service, provided Customer has not used the service, e.g. provided a payment for travel services, either online or through any other medium, and any all travel reservations made through this program are cancelled. If Customer cancels a service after 30 days of signing up for a service, no refund for unused time on such service will be made. If Customer has a balance due on any PTSA account, Customer agrees that PTSA can charge these unpaid fees to their credit card.
Please Note: Your Subscription will be automatically renewed and your credit card account will be charged as follows:
The renewal charge shall be equal to the original customer signup price, unless otherwise notified in advance by the PTSA site. Customer will have forty-five (45) days after the date that any renewal fee is posted to Customer's charge account to give notice that he or she wishes to cancel his or her subscription. The subscription will be cancelled upon receipt of such notification and a credit will be posted to Customer's charge account equal to the latest renewal fee charged provided service is totally unused.
Customer's right to use the Service is subject to any limits established by PTSA or by Customer's credit card issuer. If payment cannot be charged to Customer's credit card or Customer's charge is returned for any reason, including chargeback, PTSA reserves the right to either suspend or terminate Customer's access and account, thereby terminating this Agreement and all obligations of PTSA hereunder.
If Customer has reason to believe that Customer's account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of Customer's ID, password, or any credit, debit or charge card number stored on the PTSA database), Customer must notify PTSA immediately of the problem to avoid possible liability for any unauthorized charges to Customer's account.
You hereby indemnify, defend and hold us and our affiliates and our and their officers, directors, owners, employees, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or claims arising from your account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR MATERIALS OR FUNCTIONS ON THE SITE (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, INTERRUPTION OF ACTIVITIES, LOSS OF INFORMATION OR PROGRAMS, OR ANY OTHER PECUNIARY LOSS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, CIVIL LIABILITY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.
Unless otherwise specified, the materials in the Site are presented solely for the purpose of promoting travel-related and other products available in the United States and its territories, possessions, and protectorates. The Site is controlled and operated by Passenger Travel Service of America, Inc. from its offices within the State of Texas, United States of America. We make no representation that materials on the Site are appropriate or available for use in other locations. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this Site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) 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 or using the Software, 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.
Your access to the Site may be terminated at any time for any reason or no reason. Upon termination, you must cease use of the Site and destroy all materials obtained from such site and all copies thereof, whether made under these Terms of Use or otherwise.
You agree that these Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law, and that any action at law or in equity arising out of or relating to these Terms of Use or this Site shall be filed only in the state or federal courts located in Harris County, Texas. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Use or any communication with or transaction on or through this Site.